Evening Herald - Friday, April 5, 1895

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.

The Morning Post - Saturday, April 6, 1895

The hearing of the charge against the Marquis of Queensberry of maliciously publishing a false and defamatory libel concerning Mr. Oscar Wilde was yesterday resumed before Mr. Justice Collins at the Central Criminal Court.

Sir Edward Clarke, Q.C., Mr. C. Mathews, and Mr. Travers Humphreys appeared for the prosecution; Mr. Carson, Q.C., Mr. C. F. Gill, and Mr. A. Gill for the defence; and Mr. Besley, Q.C., and Mr. Monckton watched the case on behalf of Lord Douglas of Hawick.

Mr. Wilde did not make his appearance in Court, but it was understood that he was within the building.

Mr. Carson, continuing his speech for the defence, said that he almost hoped that he had on the previous day sufficiently demonstrated upon the matters that were not really in dispute—that Lord Queensberry was absolutely justified in bringing to a climax in the way he did the question of the relationship between Mr. Wilde and his son. It would, however, be his painful duty to bring before the Jury, one after the other, the young men referred to, to give their versions of the story. One startling similarity between all of the cases was that none of the young men were in any way on a social equality with Mr. Wilde. They were not educated people such as he would naturally associate with, nor his equals in age, and could he not easily have found companions to please his expressed ideas of youth and beauty among people of his own class? The whole thing was absurd. It might be a very noble and generous instinct to wish to throw down all social barriers; but if Mr. Wilde had desired to benefit the young men whose acquaintance he made, surely he could have found a better way of doing so. The ridiculous explanation given by the prosecutor would not bear a moment's examination. Then there was no sufficient explanation as to why he took the suite of rooms at the Savoy Hotel; but when they heard the evidence of the various witnesses that he would call, they would wonder not that the gossip about Mr. Wilde had reached Lord Queensberry's ears, but that Wilde had been tolerated, as he had been, for years in society.

While the learned counsel was further elaborating his case, Sir Edward Clarke came into Court, and, interrupting Mr. Carson, entered into a brief consultation with him.

Sir Edward Clarke, then rising, said—Perhaps your Lordship will allow me to interpose at this moment in order to make a statement, which I, of course, make under a feeling of grave responsibility. My 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 the letters to Mr. Oscar Wilde which were read yesterday. My learned friend began his address this morning by saying that he had hoped that be had said enough yesterday in dealing with these topics to enable him to be relieved of the necessity of dealing in detail with the other issues in this case. I think it must be present to your Lordship's mind that those who are representing Mr. Wilde have before them a very terrible anxiety. They cannot conceal from themselves the fact that the judgment that may be formed of that literature, and of the conduct which has been admitted by Mr. Wilde, might not improbably induce the Jury to say that when Lord Queensberry used the words complained of, he was using words for which there was sufficient justification for a father using under the circumstances—words which entitled him to the utmost justification, as well as relieving him from the criminal charge in respect to his statement. It being our clear view that that might not improbably be the result upon that part of the case, I and my friends, who desire to be associated with me in the matter, had to look forward to this, that a verdict given in favour of the defendant on that part of the case might be interpreted outside as a conclusive finding in 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, day after day, through long evidence, and into an investigation of matters of a most appalling character. In these circum- stances I hope your Lordship will think that I am taking the right course—a course which I am taking after communication with Mr. Oscar Wilde—and that is, that having heard what has been already said by my learned friend in respect to matters connected with the literature and the letters, I feel that we could not resist a verdict of not guilty in respect to the words of the libel. I hope your Lordship will not think I am going beyond the bounds of duty in doing what I can to prevent what would be a most terrible task, however it might close, if I now interpose on behalf of Mr. Oscar Wilde, and ask leave to withdraw from the prosecution. (Applause.) If your Lordship does not think that at this point in the case, after what has taken place, I ought to be allowed to do this, I am prepared to submit to a verdict of not guilty having reference—if to any part of the particulars—to that part which is connected with the publication of "Dorian Gray" and the publication of the Chameleon. I do trust, my Lord, that my application may make an end to the case.

Mr. Carson—l 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 complete 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 a 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. But as for putting any limitation on the verdict, the justification is one which is a justification 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 will assent to a verdict of not guilty. There can be no terms. There can be no limitation of the verdict, which must be guilty or not guilty. Of course tho Jury will return a verdict of not guilty.

Mr. Carson—The verdict will, of course, be that complete justification is proved, and that the publication was for the public benefit.

Mr. Justice Collins—The verdict will be not guilty, but it is arrived at by that process, of course. I shall have to tell the Jury that the justification was proved, and that the statement was true in substance and in fact. I shall also have to tell them that they will have to find that the statement was published in such a manner as to be for the public benefit. If they find on these two points then the verdict will be not guilty in favour of the defendant. That is the verdict which I understand that the Jury are invited to give. A few seconds later his Lordship, turning to the Jury, said :—Your verdict will be not guilty, but there are other matters which have to be determined with reference to specific finding of complete justification, and. as I told you, that involves that the statement is true in substance and in fact, and that the publication is for the public benefit. These are the facts on which you will have to find, and if you find them in favour of the defendant, your verdict will be not guilty. You will have to say whether you find complete justification has been proved or not.

After consulting for a few minutes, the Jury signified that they had arrived at their decision.

The Clerk of Arraigns—Do you find the complete justification proved or not?

The Foreman of the Jury—Yes.

The Clerk—Do you find a verdict of not guilty?

The Foreman—Yes.

The Clerk—And that is the verdict of you all?

The Foreman—Yes; and we also find that the publication was for the public benefit.

The announcement of the verdict was received with loud applause.

Mr. Carson—And the costs of the defence will follow?

Mr. Justice Collins—Yes, he is entitled to his costs.

Mr. Carson—May I ask that Lord Queensberry may be discharged?

Mr. Justice Collins—Yes, certainly.

Lord Queensberry then left the dock amid renewed applause, and, on descending into the body of the Court, was congratulated by his friends.

At the conclusion of the trial at the Central Criminal Court yesterday morning, 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 witnesses' statements, together with a copy of the shorthand notes of the trial—Yours faithfully,

"Charles Russell."

During the afternoon Mr. Angus Lewis, of the Treasury, had an interview with Sir John Bridge at Bow-street, and subsequently a warrant was issued by the Magistrate.

Mr. Oscar Wilde was arrested shortly after seven o'clock last evening, and taken to Scotland Yard. The warrant for the arrest was executed by Inspector Richards, of Scotland-yard, who, with Sergeant Allen, proceeded to the Cadogan Hotel, Sloane-street, shortly after six o'clock. When the charge was read over to him he made no reply, and was immediately taken to Scotland Yard and handed over to Inspector Brockwell, who held the warrant. After remaining for some time at Scotland Yard, Mr. Wilde was placed in a four-wheeled cab and conveyed to Bow-street. He was at once placed in the dock and charged by Inspector Digby. The prisoner made no reply, and was removed for the night to a cell. Mr. Wilde will be brought up before the Magistrate and charged at ten o'clock this morning, when it is understood evidence of a formal character only will be tendered. At one o'clock this morning Mr. Wilde still remained in custody, the police officials not being empowered to accept bail.

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