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The hearing of the libel action brought by Mr Oscar Wilde against the Marquis of Queensberry was resumed to-day at the Central Criminal Court before Mr Justice Collins and the common jury.

Sir Edward Clarke, Q C, M P ; Mr Charles Mathews, and Mr Travers Humphreys are counsel for Mr Oscar Wilde. Mr B Carsons, Q C, M P ; Mr C F Gill, and Mr A Gill appear for the Marquis ; and Mr Besley, Q C, and Mr Menckton hold a watching brief for Lord Douglas of Hawick.

The galleries and the body of the Court were again thronged by half-past nine o’clock, and until the re-appearance of the learned judge barristers and members of the public spent their time in perusing the reports in the morning papers of yesterday’s proceedings. From the floor of the building to the ceiling printed broadsheets were everywhere visible, the noisy rustling of the papers mingling with the incessant chatter going on as to the prospects of the case.

Lord Queensberry had this morning made a slight change in his attire. Entering the dock with a confident air, he threw off a great cost, disclosing an under-garment of a moss-green hue and a neat white silk necktie.

His Lordship occupied himself with a newspaper until Mr Justice Collins appeared.

Mr Carson resumed his address for the de-defence at half-past ten o’clock with the observation that he hoped he had justified Lord Queensberry in bringing to a climax in the way he did the connection between his son and Mr Oscar Wilde. He had now a more painful duty to approach. He had to comment upon other evidence which was supplemental to what he might call plain, clear, and admitted facts. It would be his painful task to call these several young men to tell their own tale. He would show that Taylor acted as procurer for Wilde. It had been said by Wilde in the witness box that he wished to break down social distinctions. That might be a noble and generous instinct, but Wilde had not shown very generous instinct, but Wilde had not shown very generous instincts in his treatment of these youths. Declaring with much emphasis it is a wonder this man Wilde has been tolerated in London society so long as he has. Mr Carson proceeded to detail as to the conduct at the Savoy Hotel and elsewhere, which cannot be even indicated, "I regret," proceeded the learned counsels, to be obliged to put into the witness box that young man Parker, for he has since entered to service of his country, and has had no black mark against him since putting on her Majesty’s uniform. He bears an excellent character, and I trust his past experience has been a lesson to him. Mr Carson then characterised Wilde’s behaviour in regard to the fisherboy at Worthing as an instance of his disgusting audacity. He picked this boy up on the pier, introduced him to his family, dressed him up as a gentleman, and put public school colours upon his hat. The facts in regard to this boy would not have been accepted had they been proved out of any person’s mouth except that of Wilde himself. They almost passed belief. Mr Carson was continuing his arguments when Sir Edward Clarke and Mr Mathews retired from the court for a moment.

The Plaintiff, Wilde, had up to this point been absent.

On Sir Edward Clarke returning he gave a whispered intimation to Mr Carson, who thereupon resumed his seat.

Sir E. Clarke, when rising, said—My lord, I here interpose to make a statement, which I do under a feeling of the gravest responsibility. Mr Carson yesterday addressed the jury upon the question of the literature involved in this case, and upon interference to be drawn from admissions made with regard to the letters of Mr Oscar Wilde. My learned friend began his address this morning by saying that he hoped he had yesterday said enough in dealing with these topics to influence the jury, and to relieve him from the necessity of dealing in detail with the other issues of this case. I feel it must have been present to your lordship’s mind that those representing Mr Oscar Wilde had before them a very terrible anxiety. They could not conceal from themselves that the judgment that might be formed of the literature and of the conduct which had been admitted might not improbably induce the jury to say that when Lord Queensberry used those words "posing as a ——" he was using words for which there was a sufficient justification——that as a father he was entitled to use those words under the circumstances, and to be relieved from a criminal charge in respect of the statement. In our view we thought 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, have looked forward to a verdict given in favour of the defendant upon that part of this case, and that such a verdict might be interpreted outside as a sufficient justification. With regard to all other points the position in which we stood was that without expecting to obtain a verdict we should be going on from day to day it might be with a large amount of evidence in the investigation of matters of The Most Appalling Character. Under the circumstances I hope your lordship will think I am taking a right course, which I take after communicating with Mr Oscar Wilde, in saying that having regard to what has already been adduced by my learned friend, Mr Carson, in respect to the matters connected with the literature and the letters, I feel that he could not resist a verdict of "Not guilty" in reference to words "posing as ——." Under these circumstances I hope your lordship will not think I am going beyond the bounds of duty, and that I am doing something to avoid what would be a most terrible charge, if I now interpose and say on behalf of Mr Oscar Wilde that I ask to withdraw from the prosecution, and that I am on his behalf prepared to Submit to a Verdict of Not Guilty in respect of that part of the particulars connected with the publication of "Vivian Grey" and the "Chameleon."

This statement of the son and learned gentlemen produced a profound sensation in the crowded court.

Mr Carson—I do not know, my lord, that I have any right to interefere at this stage in any way except to submit that as far as Lord Queensberry is concerned if there is to be a verdict of not guilty it involves also a verdict of justification. If your lordship takes that view I am satisfied. We must succeed in that plea, and upon it depends whether the course suggested by my learned friend can be adopted.

Mr Justice Collins—As to the jury putting any limitation upon the verdict the charge contained in the words "posing as a ——" is either justified or it is not justified, the verdict of the jury must be guilty or not guilty, and I understand the prosecution assent to a verdict of not guilty. There can be no limitation, and if the jury assent to the course suggested they will return a verdict of not guilty and they will find that the justification set up was true in substance and in fact, and that it was published for the public benefit.

Verdict of Not Guilty.

The jury consulted for a moment, and the foreman, in reply to the usual question, said, "We find the defendants not guilty."

The Clark of the Court—And do you also find that the plea of justification was true in substance and in fact.

The foreman—We do, and that it was published for the public benefit.

Mr Carson at once asked that Lord Queensberry be discharged from custody.

Mr Justice Collins intimated his assent, and, replying to a question from the learned counsel, also certified for costs.

The Marquis was congratulated as he descended the steps of the dock to the well of the court. The feelings of the public and the bar found vent in a flood of excitable conversation, but with the disappearance of the learned judge from the tribunal the scene ended and the court was rapidly cleared.

At the Central Criminal Court, yesterday, before Mr. Justice Collins, the Marquis of Queensberry again surrendered to his bail to further answer an indictment charging him with having published a defamatory libel of and concerning Mr. Oscar Wilde, by leaving a card containing a serious charge against him at Mr. Wilde’s club—the Albemarle. The Marquis of Queensberry pleaded justification. Sir Edward Clarke, Q.C., Mr. C. Matthews and Mr. Travers Humphreys prosecuted; Mr. Carson, Q.C., Mr. C.F. Gill. and Mr. A. Gill defended the Marquis of Queensberry; and Mr. Besley and Mr. Monckton watched the case on behalf of Lord Douglas of Hawick. Mr. Oscar Wilde was not present in court.

Mr. Carson, Q.C., proceeded with his speech for the defence. He contended that he had already shown, from Mr. Wilde's writings and admissions, that Lord Queensberry was absolutely justified in bringing to a climax this question been Mr. Wilde and his (Lord Queensberry’s) son. Distasteful as the task would be to him, he had now to discuss the more painful part of the case, viz., the evidence which it would be his duty to lay before the jury. Mr. Carson then proceeded to describe the nature of the evidence in support of the plea of justification and was alluding to the doings of Mr. Oscar Wilde at the Savoy Hotel, doings in regard to which, he said, the wonder was, not that they reached the ears of the Marquis of Queensberry, but that, in the face of such rumours, Mr. Wilde had been tolerated in society in London the length of time he had.

Sir Edward Clarke, Q.C., who, with Mr. Matthews, have left the court during Mr. Carson’s address, and who now returned, after a hurried conversation with Mr. Carson, rose, and addressing his lordship, said: Will you allow me to interpose at this moment and to make a statement which is, of course, made under a feeling of great responsibility. My learned friend, Mr. Carson, yesterday addressed the jury upon the question of the literature involved in this case and from the inferences to be drawn from the admissions made by and the letters read yesterday with regard to Mr. Oscar Wilde. My learned friend began his address this morning by saying that he hoped that he had said enough yesterday, dealing with those topics, to induce the jury to believe from the necessity of dealing in detail with other issues of this case. My lord, I think it must have been present to your lordship’s mind that those representing Mr. Oscar Wilde in this case have before them a very terrible anxiety. We could not conceal from ourselves that the judgement that might be formed of that literature and of the conduct which has been admitted, might not improbably induce the jury to say that when Lord Queensberry used the words that he did, he was using words of which there was sufficient justification to entitle a father to use, and, under these circumstances to be relieved from a criminal charge in respect of that statement. That being our clear view—that that would not improbably be the result of the issue of that part of the case—I and my learned friends, who desire to be associated with me in this matter, have to look forward to this—that the verdict given in favour of the defendant on 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 by day, it might be, matters of a most appalling character. Under these circumstances, I hope your lordship will think that I am taking the right course, which I take after communication with Mr. Oscar Wilde, and having regard to what has already been referred to by my learned friend, in respect to the matters connected with the literature and letters, when I say that I feel we could not resist a verdict of not guilty in this case. I hope, therefore, that your lordship will not think I am going beyond the bounds of my duty and that I am doing something to save and to prevent what would be most terrible task, however it might close, if I now interpose, and say on behalf of Mr. Oscar Wilde that he would ask to withdraw from the prosecution. If your lordship does not think, after what has taken place, that I ought to be allowed to do that, on his behalf, my lord, 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 connected with the publication of "Dorian Grey" and "The Chameleon." I trust that this suggestion may meet with the approbation of the Court and my learned friend.

Mr. Carson—I do not know that I have any right whatever to interfere in any way in the 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 would admit that we must succeed on that plea in the manner in which he has said, and, that being so, it will rest entirely with your lordship as to whether the course suggested by my learned friend ought to be taken.

Mr Justice Collins—Inasmuch as the prosecutor in this case is prepared to acquiesce in verdict of not guilty against the accused, I do not think it is any part of the function of the judge or of the jury to insist on going into details which can have no bearing on the matter which is already concluded by the assent of the prosecutor to an adverse verdict. But as to jury putting any limitation on their verdict, the justification is one which is a justification or not of the charge. If that is justified it is justified, and if it is not it is not, and the verdict of the jury upon it must be Guilty or Not Guilty. As I understand the prosecutor assents to a verdict of Not Guilty, there can be no terms, there can be no limitations—the verdict must be Guilty or Not Guilty; and as I understand the prosecutor assents to a verdict of Not Guilty, the jury will of course return that verdict.

Mr. Carson—The verdict will be that the plea of justification is proved, and that it is for the public benefit.

Mr. Justice Collins—Of course that is involved in the verdict.The verdict will be not guilty, but it is arrived at by that process. I should have had to tell the jury that two things ought to be established. One, that the justification set up was true, and secondly, that the statement was published in such a manner as to be for the public benefit. If they find those two things in favour of the defendant then he would be entitled to a verdict of not guilty. That is, I understand, the right verdict to which the jury ought to come. You will have to say whether you find complete justification has been proved or not.

The jury, without leaving the box, almost immediately came to a conclusion, the foreman stating that they found the plea of justification had been proved, and that the defendant was not guilty, the foreman adding: And we also find that it was published for the public benefit. (Applause.)

Mr. Carson, Q.C.,—Costs to the defendant will follow?

Mr. Justice Collins—You are entitled to it.

Mr. Carson, Q.C.,—May I ask that Lord Queensberry be discharged?

Mr. Justice Collins—Certainly.

As the Marquis quitted the dock there was loud applause in the court, no attempt being made to suppress it, and he was immediately surrounded and congratulated by his friends. The court adjourned until Monday.

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At Bow-street Police-court yesterday afternoon Mr. Angus Lewis, of the Treasury Solicitors' Department, attended before Sir John Bridge and made a private application, which it was understood resulted in the issue of a warrant for the apprehension of Mr. Oscar Wilde on certain grave charges. At any rate, that gentleman was arrested between six and seven o'clock in the evening at the Cadogan Hotel, Sloane-street, and conveyed to Bow-street Station after a short visit to Scotland Yard. He will be brought before the magistrate to-day.

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Sir,—on behalf of Messrs. Gay and Bird, the publishers of the first and only number of this publication, we ask you to be good enough to allow us to say through your columns that our clients, of their own act, stopped the sale directly they were aware of the contents of the magazine. Such sale was not stopped at the request of the contributor or anyone else. They were requested to renew the sale and refused. Had the trial proceeded we should, at the proper time, have tendered our clients to give the above facts in evidence.—We are, your obedient servants,

WARD, PERKS, and McKAY.

WARD, PERKS, and McIKAY.

85, Gracechurch-street, E.C.