The New York Herald (European Edition) - Saturday, April 6, 1895

London, April 6.--Mr. Oscar Wilde, who for twenty years has, after one fashion or another, attracted to himself the attention of the cultivated world both of England and America; who has posed by turns as a languorous aesthete, as a caustic cynic and as a producer of brilliant epigrams and witty paradox is, as I write, the occupant of a Bow Street Police Court cell on a charge which in the eyes of most honest men is even more odious than that of murder.

Yesterday was a day of sensationalism which, though one at least of its startling effects was carefully prepared in advance by a master hand, was in its essence intensely dramatic.

When Mr. Justice Collins took his seat on the Bench at the Old Bailey at half-past ten, the Court to outward appearances was the same as that of the two previous days, with the same crowd of standing and sitting spectators, with the Marquis of Queensberry quietly lounging over the rail of the dock in his customary attitude and with the long array of counsel fidgeting over their papers and briefs. But there was a feeling of expectancy as though something were about to happen, which in some vague way changed the entire aspect of things.

That the prosecutor was not in his usual place by his solicitor's side added, doubtless,to this strained feeling, but as his presence was not absolutely required at this stage, nothing conclusive was shown by his absence.

A CABLE DESPATCH FOR THE JUDGE.

The Judge, after making the customary bow to the jury, the Court and the bar, opened and read with impressive countenance a cable despatch which was lying on his desk. He said no word, however, but nodded to Mr. Carson to resume his address, which the latter did in his usual solemn but effective manner.

He began by saying that he now came to the more painful and distasteful part of his task, for he had to call one by one the subordinate actors in a hideous drama. After hearing the evidence they would have to hear, the jury would wonder, not that Lord Queensberry should have acted as he did, but that this man Wilde had been tolerated in London society so long as he had.

He then proceeded to outline the evidence which he was to produce, and clearly showed it was of a most horribly conclusive nature. While Mr. Carson was making this scathing attack upon the absent prosecutor, an attack which at times rose to the utmost height of withering vituperation, Sir E. Clarke had quietly left the Court, and had remained absent for some minutes.

THE FIRST SENSATION.

When he returned Mr. Carson was dealing with Mr. Wilde's conduct at Worthing and elsewhere, and pointing out in the most trenchant fashion the disgraceful audacity of his behavior upon the witness stand. At this point the first sensation of this sensational day occurred. Sir Edward plucked Mr. Carson by his gown and for a few moments the opposing counsel conferred together.

Then Sir Edward rose and, addressing the judge, said that Mr. Carson had on the previous day referred to certain literature and letters, and had hoped he had said enough to convince the jury on that score alone, without dealing with other issues. Lord Queensberry, in the libel complained of, had used the word "posing," and his colleagues knew that they could not resist a verdict of "Not guilty" in this case.

ASKS TO WITHDRAW.

Taking into consideration the word "posing," he now said that on behalf of Mr. O. Wilde he would ask to withdraw from the prosecution, and if at this stage of the case that were not allowed he was prepared to accept a verdict of "Not guilty" in reference to such parts of the plea of justification as referred to Dorian Grey and The Chameleon.

Mr. Carson said, so far as Lord Queensberry was concerned, that if the verdict should involve that he succeeded in his whole plea of justification he was quite satisfied.

Mr. Justice Collins in clear, precise tones set forth that in his opinion he did not think it was any part of the functions of a judge or jury to insist on going through prurient details when the prosecutor was prepared to acquiesce in a verdict of "Not guilty," but he went on:--

"As to the jury putting any limitation upon the verdict of justification, the justification is one which is justification of the charge, which is of "posing". 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."

A STORM OF APPLAUSE IN COURT.

He then directed the jury to return a verdict to this effect, which, in accordance with the usual formalities they proceeded to do, the foreman, however, adding that in their opinion the libel had been uttered for the public benefit. Then there arose such a storm of applause as has seldom been heard in a court of justice.

I am told on the best authority that the arrangement as to Mr. Wilde's withdrawal from the prosecution was arrived at between counsel late on Thursday night. Mr. Carson, however, insisted that he should be allowed to continue his address to the jury long enough to bring out such essential facts as he deemed necessary. Indeed the signal for Sir E. Clarke's rising was actually given by Mr. Carson himself, when he thought the proper moment had arrived.

Before Lord Queensberry and his counsel left the Court the following letter was written to the Hon. Hamilton Cuffe, Director of Public 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 witnesses' statements, together with a copy of the shorthand notes of the trial.--Yours faithfully, Charles Russell.

And, then so far as Lord Queensberry was concerned, the case was ended. The rest lay with the Public Prosecutor.

"DONE MY DUTY.

"I think," said Lord Queensberry to me later in the afternoon when I found him at Carter's Hotel, Albemarle-street, his table littered with congratulatory telegrams which continued to arrive in batches at intervals, "I think I have done my duty, not only to my family and myself, but also to the community. It has cost me £1,200 and now if the law of England does not step in I must make my own law. I have sent a message to this creature Wilde that if he chooses to leave the country, I, for one, shall certainly not lift a finger to stay him, but he must distinctly understand that if he takes my son with him I shall follow him and shoot him like a dog. But I think he ought not to be allowed to leave the country; I think he ought to be placed where he can ruin no more-young men.

"For the part I have taken myself in this matter I can only say I acted absolutely and entirely from a sense of duty. Many of my friends have said, as many of these telegrams received also say, that I am to be commended for my pluck. I do not see that pluck had anything to do with it.

"I do not see that I could have acted otherwise than I have done and have preserved my self-respect I may tell you that the full measure of this man's baseness was not revealed to me until after my own arrest at his instance.

DEPTHS OF IMMORALITY.

"Then the evidence which accumulated and the voluntary confessions which were made to us showed us a depth of immorality which is almost incredible. But I have come to the conclusion that the man, if man you can call him, must be demented. No sane man could have adopted the tone he did on the witness stand ; no sane man could have made the ridiculous assertion you tell me he has concerning the reason of his counsel's withdrawal.

"Why he has not long since fled the country I cannot imagine, for he knew of our defence and our witnesses days ago, and must have anticipated the only result possible. I may tell you that our evidence was irrefutable, peculiarly so, indeed."

As I was talking to Lord Queensberry a serious conclave was in progress at Bow Street police court. When Mr. Russell's letter reached the Treasury the Hon. Hamilton Cuffe chanced to be there and at once went through the papers and communicated with the authorities at Scotland Yard.

They in turn applied to Sir J. Bridge, the presiding magistrate at Bow Street, who after personally examining two of the witnesses subpoenaed by Lord Queensberry's lawyers, signed at a quarter-past five a warrant of arrest for Mr. Wilde on the most serious charge short of a capital offence. This was taken by two detective-sergeants to the Cadogan Hotel, Sloane-street, where Wilde was known to be.

CLOSELY SHADOWED.

I may say here, by the way, that for the last six weeks he has been closely shadowed by the police authorities. At the hotel Mr. Wilde was found sitting in an armchair, smoking and chatting with the two Douglas boys.

When one of the detectives explained the nature of their visit, Mr. Wilde quietly said: "Oh ! May I ask what you are going to do with me?" He was told he would first be taken to Scotland Yard, and the warrant was read. "Shall I be kept in a cell all night?" he asked. "Yes," was the reply. "Can I be bailed out?" "That," said the detective, "is not a matter for me to decide."

Picking up and taking with him a number of the Yellow Book which lay on the table he then put on his coat and hat and accompanied the detectives in a cab to Scotland Yard. It then became evident that he had been drinking heavily. As he left the cab he nearly fell and reeled somewhat as he crossed the pavement.

At half-past eight he left Scotland Yard for Bow Street. On the way he asked various questions as to the treatment he might expect. Whether he might smoke in his cell, and so forth.

CONDUCTED TO A CELL.

Arrived at the station he was at once charged and while the warrant was read stood quietly and collectedly in the dock with his hands in his pockets. He said nothing in answer, save to ask that the date of the alleged offence, which was March 25, 1895, might be repeated. He was then searched, all valuables and papers taken from him and was immediately conducted to a cell.

Later a Mr. Rosse arrived with a bag containing Wilde's dressing-gown and so forth, but was not allowed to see him or to leave the bag, and later still Lord Alfred Douglas appeared with a substantial sum in his possession which he was prepared to offer as bail. It was, of course, refused. Wilde is treated as an ordinary prisoner, no indulgences of any sort being allowed to him.

I am told that the case had already been informally submitted to the Public Prosecutor, and so there was not the least delay in the action taken by that functionary.

I also heard that the detectives have been scouring the city in search of the man Taylor, for whom a warrant is already signed. He has been under police surveillance for some time, but unluckily was allowed to slip away early yesterday morning and has not been seen since. It is not expected that he has left the city.

I need not say that London yesterday afternoon and night was completely possessed of but one idea, and that idea concerned itself with the arrest of Mr. Wilde. Not only has he been for a very long time a prominent figure in literary and artistic circles, but for the last few years rumors and innuendoes which have caused Lord Queensberry to insist upon his son breaking off his intimacy with the dramatist have been prevalent, and have included the names not only of Wilde and his close intimates, but many well-known men of social as well as artistic distinction.

Things, indeed, have been fast reaching a point at which no man's name has been safe, and it is therefore felt by everyone that Lord Queensberry has rendered a positive service to the community. This at all events is the opinion I have heard expressed on every hand to-day.

Interest has of course attached to the course that would be taken by the managers of those theatres at which Mr. Wilde's plays are at present running. It was expected, indeed, by the majority of people that both would be immediately removed from the boards.

Neither Mr. Alexander nor Mr. Morrell, however, adopted this course. The author's name was omitted from the programme and the advertisements, and that was all. The attendance at both houses was, however, slight.

The prisoner will be brought before the magistrate at ten o'clock this morning.

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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