The Times - Saturday, April 6, 1895

The trial or JOHN SHOLTO DOUGLAS, MARQUIS of QUEENSBERRY, who surrendered upon an indictment charging him with unlawfully and maliciously writing and publishing a false, malicious, and defamatory libel of and concerning Mr. Oscar Wilde in the form of a card directed to him, was resumed.

Sir Edward Clarke, Q.C., Mr. Charles Mathews, and Mr. Travers Humphreys, appeared for the prosecution; Mr. Carson, Q.C., Mr. C. F. Gill, and Mr. A. Gill defended. Mr. Besley, Q.C., Mr. Monckton, and Mr. Leonard Kershaw watched the case for a person interested.

Mr. CARSON, Q.C., continued his opening statement of the case for the defence. He said that yesterday, when it came to the usual time for the adjournment of the Court, he had dealt as fully as he intended to deal with the question of Mr. Wilde's connexion with the literature and the two letters which had been produced in the case, and he had almost hoped that he had sufficiently demonstrated to the jury upon that matter that, so far as Lord Queensberry was concerned, he was absolutely justified in bringing to a climax in the way he did this question of the connexion between Mr. Oscar Wilde and his son. He himself had, unfortunately, a more painful part of the case now to approach. It would be his painful duty to bring before them young men one after another to tell their tale. It was, of course, even for an advocate a distasteful task. But let those who were inclined to condemn these men for allowing themselves to be dominated, misled, and corrupted by Mr. Oscar Wilde remember the relative position of the parties, and remember that they were men who had been more sinned against than sinning. He was not going in any great detail now to criticize the evidence of Mr. Oscar Wilde in relation to the several transactions as to which he was cross-examined. There were general observations applicable to all the cases; there was, in point of fact, a startling similarity between each of them on his own admission which must lead the jury to draw most painful conclusions. There was the fact that in no one of these cases were these parties on an equality in any way with Mr. Wilde; they were none of them educated parties with whom he would naturally associate, and they were not his equal in years. The jury ould have observed a curious similarity in the ages of each of them. Mr. Wilde had said that there was something beautiful, something charming about youth which led him to adopt the course he did. It was absurd; his excuse in the witness-box was only a travesty of the facts. Who were all these your men? Of Wood he himself had spoken. Who was Parker? Mr. Wilde professed the same ignorance about Parker as be had about Wood--that he knew nothing about his antecedents. He also knew nothing about Searle except that he was out of employment. About Conway be said that he had met him at Worthing. There was a curious similarity between all these cases--they were all of the same age. Take the case of Parker. How did Mr. Wilde come to know Parker? Parker was a gentleman's servant who was out of employment and he and his brother one evening at a restaurant in Piccadilly met Taylor. Taylor came and addressed them. Within a day or two Mr. Wilde gave a dinner to Taylor on the occasion of his birthday, and told Taylor to bring anyone he liked. What an idea Taylor must have had of Mr. Wilde's taste that he should bring to his birthday dinner a groom and a valet. There could be no explanation of the matter but one--that Taylor was the procurer for Mr. Wilde, and the jury would hear from this young man Parker, who would have to tell his unfortunate story to them, that he was poor and out of a place, that he had no money, and unfortunately fell a victim to Mr. Wilde. On the first evening they met Mr. Wilde called Parker "Charlie" and Parker called him "Oscar." He did not want to say anything about Mr. Wilde's theories that there should be no social distinctions. It might be a very noble and a very generous instinct in some people to 'wish to break down social barriers but he did not know that Mr. Wilde's conduct was regulated by any generous instincts towards these young men. If Mr. Wilde wanted to assist Parker, did they think it was in favour of Mr. Wilde that he should take him to a restaurant and give him a luxurious dinner and champagne? Was that the way that assistance would be given? Parker said that after the dinner Mr. Wilde invited him to drive with him to the Savoy Hotel. He himself must say that they had had no explanation from Mr. Wilde as to why he had the suite of rooms at the Savoy Hotel. Parker would tell them what happened on arriving there. That was the scandal at the Savoy Hotel to which Lord Queensberry had referred in his letter as far back as June or July in last sear. The jury would wonder, not at the reports having reached Lord Queensberry's ears, but that Mr. Wilde had been tolerated in London society as long as he had. The man Parker had since enlisted in the Army and bore a good character. Mr. Wilde himself said that Parker was a respectable man. Parker would reluctantly present himself to tell his story to the jury. The learned counsel was next proceeding to deal with the case of a young man named Conway, when

SIR. EDWARD CLARKE, Q.C., who had previously left the Court with Mr. Charles Mathews, returned, and, interposing, asked permission of the learned Judge to have a conversation with Mr. Carson. At the close of a few moments' communication between the learned counsel,

SIR EDWARD CLARKE rose, and, addressing Mr. Justice Collins, said,--Will your Lordship allow me to interpose at this moment to make a statement, which, of course, is made under a feeling of very great responsibility? My learned friend, Mr. Carson, yesterday addressed the jury on the question of the literature involved in this case, and upon the inferences to be drawn from admissions made, with regard to letters, by Mr. Oscar Wilde yesterday, and my friend began address this morning by saying that he hoped yesterday that he had said enough dealing with those topics to induce the jury to relieve him from the necessity of dealing in detail with the other issues in this case. I think it must be present in your Lordship's mind that those who are representing Mr. Oscar Wilde in this case have before them a very terrible anxiety. They cannot conceal from themselves that the judgment that might be formed of that literature and of the conduct which had been admitted might not improbably induce the jury to say that when Lord Queensberry used the words, "Posing as," &c., he was using words for which there was sufficient justification to entitle a father using those words in those circumstances to the utmost consideration, and to be relieved from a criminal charge in respect of that statement. And, my Lord, we had, in our clear view that that might not improbably be the result upon that part of the case, and I and my learned friends who desire to be associated with me in this matter had looked forward to this--that a verdict given in favour of the defendant upon that part of the case might be interpreted outside as a conclusive finding with regard to all parts of the case. The position in which we stood was this--that, without expecting to obtain a verdict in this case, we should be going through day after day, it might be, with long evidence, investigating matters of the most appalling character. In these circumstances I hope your Lordship will think that I am taking a right course, which I am taking after communications with Mr. Oscar Wilde, --that is to say, that, having regard to what has been already referred to by my learned friend in respect of the matters connected with the literature and the letters, I feel that he could not resist a verdict of "Not guilty" in this case, having reference to the words, " Posing as," &c. In these circumstances I hope that your Lordship will think that I am not going beyond the bounds of duty, and that I am doing some thing to save or to prevent what would be a most terrible task, however it might close, if I now interpose and say, on behalf of Mr. Oscar Wilde, that I would ask to withdraw from the prosecution, and, if your Lordship does not think at this time of the case that I ought to be allowed to do this, I am prepared to submit to a verdict of "Not guilty," having regard, if to any part of the particulars at all, to that part of them which is connected with the publication of "Dorian Gray " and the publication of the Chameleon. I trust that that may make an end of the case.

Mr. CARSON, Q.C.--My Lord,--I do not know that I have any right whatever to interfere in any way in the application that my friend has made to your Lordship. I can only say that, as far as Lord Queensberry is concerned, if there is a verdict of "Not guilty," a verdict which involves that he has succeeded in his plea of justification, I am quite satisfied. Of course, my friend must admit that we must succeed upon that plea in the manner which he has stated. Therefore, it rests entirely with your Lordship whether the course suggested by my friend should be taken.

Mr. JUSTICE COLLINS.--Inasmuch as the prosecutor in this case is prepared to acquiesce in a verdict of ``Not guilty," I do not think it is any part of the functions of a Judge or jury to insist on going through prurient details which have no bearing on the matter which has been already concluded by the assent of the prosecutor to a verdict of ``Not guilty." But as to the jury's putting any limitation on the verdict, the justification is one justifying the charge of "Posing as," &c. If that is justified, it is justified. If it is not, it is not; and the verdict of jury must be a verdict of "Guilty" or "Not guilty," and I understand the prosecution to assent to a verdict of "Not guilty." Of course, the jury will return their verdict.

Mr. CARSON, Q.C.--Of course, my Lord, the verdict will be that the plea of justification is proved, and that it is for the public benefit.

JUSTICE COLLINS.--The verdict is "Not guilty," but it is arrived at by that process. I should tell the jury that two things had to be established--that the justification was true in substance and in fact--that the prosecutor had "Posed as," &c.--and I should also have had to tell them that they would have to find that the statement was published in such a manner as to be for the public benefit. If they find these two issues in favour of the defendant, then the verdict will be "Not guilty." That is the verdict, I understand, which is submitted to. Gentlemen of the Jury,--Your ultimate verdict will be "Not guilty," but there are other matters which have to be determined with reference to the specific finding on the plea of justification and which involve two things--that the statement is true in fact, and that it was published for the public benefit. Having found these in favour of the defendant, your verdict will be " Not guilty," and you will have to say whether the plea of justification is proved or not.

The jury having consulted for a few moments, the Clerk of Arraigns, addressing them, said:--Gentlemen of the Jury,--Do you find the plea of justification has been proved or not?

The Foreman.--Yes.

The Clerk of Arraigns.--You say that the defendant is Not guilty, and that is the verdict of you all?

The Foreman.--Yes; and we also find that it was published for the public benefit.

The verdict was received with loud applause.

Mr. CARSON, Q.C.--Of course, the costs of the defence will follow.

Mr. JUSTICE COLLINS.--Yes.

Mr. C. F. GILL.--And Lord Queensberry may be discharged.

Mr. JUSTICE COLLINS.--Certainly.

The Marquis of Queensberry then left the dock amid renewed cheering.

The Pall Mall Gazette - Friday, April 5, 1895

Mr. Carson continued his speech for the defence of the Marquis of Queensberry this morning at the Old Bailey. He now came, he said, to the more painful and distasteful part of this case, for he had to call, one by one, the subordinate actors in this hideous drama. Mr. Wilde's absurd explanation of his friendship with these lads was that there was something beautiful and charming about youth. Surely, if that were all, Mr. Wilde could have found youths of his own class and culture for his companionship, instead of these unemployed clerks, valets, and grooms who addressed the distinguished dramatist and litterateur as "Oscar." In fact, after hearing the evidence they would have to hear, the jury would wonder not that the rumours and scandals reached Lord Queensberry's ears, but that this man Wilde had been tolerated in society in London so long as he had. More audacious stories than Wilde had told had never been related in a court of justice. Doubtless Wilde thought that in many of his answers he was making smart repartees and scoring off counsel, but underneath it all was the incredibility and the disgraceful audacity of Wilde's explanations. Had he (counsel) endeavoured to prove that Wilde picked up the boy Alfonso Conway on Worthing beach, dressed him up, and took him to hotels and to champagne lunches, the jury could hardly have believed them ; but Wilde had had to admit it himself. Here came

A SENSATIONAL SURPRISE.

Sir Edward Clarke plucked Mr. Carson by the gown, and the indulgence of the Court was craved while counsel consulted. Mr. Wilde was not present in court, but the Pall Mall reporter was informed by one professionally engaged in the case that he was in the building. Sir Edward and his junior, Mr. Mathews, had both been out of the court for an interval before this surprise came. After a few moments' whispering, Mr. Carson retained his seat and Sir Edward Clarke rose and said: May I claim your lordship's indulgence while I interpose to make a statement, which of course is made under a feeling of very great responsibility? Mv learned friend Mr. Carson, yesterday addressed the jury upon the question of the literature involved in this case, and upon the inferences to be drawn from the admissions made with regard to letters written by Mr. Oscar Wilde; and my friend began his address this morning by saying he hoped yesterday he had said enough in dealing with those topics to induce the jury to relieve him from the necessity of dealing in detail with the other issues in this case. I think it must have been present to your lordship's mind that those who represented Mr. Wilde in this case have before them a very terrible anxiety. They cannot conceal from themselves that the judgment that might be formed on that literature and upon the conduct which has been admitted might probably or might not improbably induce the jury to say that Lord Queensberry, in using the word "posing" was using a word for which there was sufficient justification to entitle the father who used those words under these circumstances to the utmost consideration, and to be relieved of a criminal charge in respect of his statement. And with this in our view -- in our clear view -- that that might not improbably be the result upon that part of the case, I and my learned friends, who desire to be associated with me in this matter, had to look forward to this, that a verdict given in favour of the defendant upon that part of the case might be interpreted outside as a conclusive finding with regard to all parts of the case, and the position in which we stood was this, that

WITHOUT EXPECTING TO OBTAIN A VERDICT

in this case, we should be going through day after day an investigation of matters of the most appalling character. Under these circumstances I hope your lordship will think I am taking the right course, which I take after communicating with Mr. Oscar Wilde, and that is to say that, having regard to what has been referred to by my learned friend in respect of the matters connected with the literature and the letters, I feel he could not resist a verdict of not guilty in this case -- not guilty having reference to the word "posing." Under these circumstances I hope you will think I am not going beyond the bounds of my duty, and that I am doing something to save, to prevent, what would be a most terrible task, however it might close, if I now interpose and say on behalf of Mr. Oscar Wilde that I would ask to withdraw from the prosecution ; and if you do not think that at this time of the case, and after what has taken place -- if you do not think I ought to be allowed to do that on his behalf, I am prepared to submit to a verdict of not guilty, having reference, if to any part of the particulars at all, to that part of the particulars connected with the publication of "The Picture of Dorian Grey" and the publication of The Chameleon. I trust that may make an end of the case.

Mr. Carson: I do not know that I have any right whatever to interfere in any way with this application my learned friend has made. I can only say, as far as Lord Queensberry is concerned, that if there is a plea of not guilty, a plea which involves that he has succeeded in his plea of justification I am quite satisfied. Of course my learned friend will admit we must succeed upon the plea in the manner in which he has stated, and that being so it rests entirely with your lordship as to whether the course suggested by my learned friend is to be taken.

His Lordship: Inasmuch as the prosecutor in this case is prepared

TO ACQUIESCE IN A VERDICT OF NOT GUILTY

against the accused, I do not think it is any part of the function of the judge or jury to insist on going through prurient details which can have no bearing upon a matter already concluded by the assent of the prosecutor to an adverse verdict. But as to the jury putting any limitation upon the verdict of justification, the justification is one which is a justification of the charge, which is " posing as ----" If that is justified, it is justified; if it is not, it is not; and the verdict of the jury upon it must be guilty or not guilty. I understand the prosecutor to assent to a verdict of not guilty. There can be no terms, and no limitations. The verdict must be guilty or not guilty. I understand him to assent to a verdict of not guilty, and of course the jury will return that.

Mr. Carson: Of course the verdict will be that the plea of justification is proved, and that the words were published for the public benefit.

Sir E. Clarke: The verdict is not guilty.

The Judge: The verdict is "not guilty," but it is arrived at by that process.

THE JURY RETURNED A VERDICT

accordingly that the justification was proved, and that it was published for the public benefit, and that the accused was not guilty.

Mr. Carson said he presumed the costs of the defence would follow the verdict.

Mr. Gill and Mr. Mathews, with their long Old Bailey experience, reminded him that that followed by Act of Parliament. There remained nothing further but the formal discharge of the accused. Long before this, congratulatory handshaking had been going on, the Marquis leaning over the dock to reach the palms of his beaming friends. When the formal announcement of his discharge was made the Marquis left the dock amid a salvo of applause, which the officials of the court only halfheartedly attempted to stop.

AFTER THE VERDICT.

THE PUBLIC PROSECUTOR CONSULTED.

The Exchange Telegraph Company has authority for stating that no warrant has been applied for, but on leaving the court Mr. Charles Russell, Lord Queensberry's solicitor, addressed the following letter to the Public Prosecutor:-

37, Norfolk-street, Strand.

To the Hon. HAMILTON CUFFE, Director of Prosecutions.DEAR SIR,--In order that there may be no miscarriage of justice, I think it my duty at once to send you a copy of all our witness's statements, together with a copy of the shorthand notes of the trial. Yours faithfully, CHARLES RUSSELL.

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