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 Freeman’s Journal - Saturday, April 6, 1895

London, Friday.

The hearing of the action brought by Mr Oscar Wilde against the Marquis of Queensberry was resumed to-day at the Central Criminal Court.

Mr Carson continued his address for the defence. He remarked with much emphasis that it was a wonder the man Wilde had been tolerated in London society so long.

Mr Carson was continuing his argument, when Sir E Clarke and Mr Mathews retired from the court for a moment.

Wilde had up to this point been absent.

Sir E Clarke on returning whispered to Mr Carson, who resumed his seat.

Sir E Clarke then, addressing the Court, said he had to make a statement under the gravest responsibility. Mr Carson, by saying yesterday that he hoped he had said enough regarding Mr Wilde's letters and literature to influence the jury, relieved him from the necessity of dealing in detail into the other issues. Those representing Mr Wilde had therefore before them a terrible anxiety, and could not conceal from themselves what the judgment of the jury might be, and that the jury might say Lord Queensberry was justified in using the words he had done. The position he (Sir Edward) stood in was that without expecting to obtain a verdict he would be going on from day to day investigating circumstances of a most appalling character. Under those circumstances he hoped his lordship would think he was taking the right course. After consulting with Mr Wilde in reference to the letters and literature he felt that he could not resist a verdict of not guilty in regard to the words used. He therefore asked on behalf of Mr Wilde to withdraw from the prosecution and submit to a verdict of "not guilty" in respect to that part of the particulars connected with the publication of "Dorian Gray" and the "Chameleon."

Sir Edward Clark's statement produced a profound sensation in court.

Mr Carson said the verdict of "not guilty" involved a verdict also of justification.

Justice Collins said that if the jury found a verdict of not guilty they would also find that the justification set up was true in substance and in fact, and that the statement was published for the public benefit.

The jury, after a moment's consideration, returned a verdict of "not guilty" against the Marquis of Queensberry, the foreman adding that what he had written was published for the public benefit.

The Judge thereupon ordered the Marquis of Queensberry's discharge from custody, and certified for costs.

The Marquis, on descending from the dock, was heartily congratulated by his friends, and the court soon rapidly cleared.

London, Friday Evening.

The Press Association on enquiring of Lord Queensberry's solicitors (Messrs Russell and Day) is informed that it is not his lordship's intention to take the initiative in any criminal prosecution of Oscar Wilde, but after the finding of the jury this morning in the libel action the whole of the documents with proofs of the evidence upon which the defence had intended to rely were forwarded to the Public Prosecutor, the Hon Hamilton Cuffe.

As was surmised Wilde was in the precincts of the Old Bailey when the speech for the defence of Lord Queensberry was resumed. It was for the purpose of holding a conference with Wilde that his leading counsel left the Court. At the close of the consultation in one of the waiting rooms Wilde bailed a hansom and drove away, leaving Sir E Clarke to formally withdraw from the prosecution.

The letter written by Mr Russell and accompanying documents is as follows—"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 the copy of the shorthand notes of the trial."

Mr Angus Lewis of the Treasury, who was accompanied by Detective-Inspector Brockwell, attended at Bow street this afternoon and said he would like some private conversation with Sir John Bridge. The magistrate granted the request, and it is understood that Mr Lewis intimated that an application might be made during the day with reference to an important case which is at present engaging much public attention.

The London Evening News states that it has received four letters from Mr Oscar Wilde, written on the notepaper of a Holborn Hotel."TO THE EDITOR."It would be impossible for me to prove my case without putting Lord Alfred Douglas in the witness box against his father. Lord Alfred Douglas was extremely anxious to go into the box, but I would not let him do so. Rather than put him in so painful a position I determined to retire from the case, and to bear on my own shoulders whatever ignominy and shame might result from my prosecuting Lord Queensberry."

London, Friday Night.

The Press Association says:—Mr Oscar Wilde was arrested between six and seven o'clock this evening, and conveyed to Bow street police station, where he arrived at 10 past eight. The arrest was made by Inspector Richards at half past six at Cadogan Hotel, Sloane street, Chelsea, where Mr. Wilde, it appears, drove after leaving Holborn Viaduct Hotel. Mr. Wilde's visit to the Hotel was of a casual character, he being accompanied by two gentlemen. Throughout the day the accused had been closely followed by two officers, and when Inspector Richards entered the hotel and asked for Mr Wilde it was stated that he was not staying there. This was virtually correct, but when the inspector insisted that he was in the establishment and explained the circumstances he was conducted to a room in the establishment where Mr Wilde was engaged with his two friends. The inspector informed him that he was a police officer and that he would arrest him, a warrant being out for his arrest. Mr Wilde made no reply. Mr. Wilde, in custody of the two officers, was at once conducted to a cab which conveyed the party Scotland Yard, where Inspector Brockwell was waiting with a warrant for Mr Wilde's arrest. The formality of reading the warrant to the accused and the administration of the statutory caution having been gone through, Mr Wilde hazarded no remark. The trio, Mr Wilde, Inspector Richards, and Inspector Brockwell, then drove to Bow street, where they arrived at ten minutes past eight o'clock in a four wheeled cab. The accused was the first to alight from the vehicle and walked direct into the station, followed by the detectives. He was attired in a long, black, frock coat, dark trousers and silk hat. His demeanour was that of a gentleman, self-confident of his own innocence of a charge alleged against him. He was at once placed in the prisoners' dock in the charge room, and while the charge was being taken he stood with his hands in his pocket. Inspector Digby, who took the charge, read it to the prisoner, and warned him that anything he might say could be used in evidence against him. Mr Wilde maintained his reticence and indifferent air. Having been searched, Mr Wilde was removed to the cells. Shortly after Mr Wilde's arrival at Bow street a Mr Rosse, a friend of the prisoner, drove up to the station with a small Gladstone bag containing a change of clothes and other necessaries for Mr Wilde, but, after a short interview with the inspector on duty, Mr Rosse returned to his cab with the bag, having been refused permission to leave it. Later Lord Alfred Douglas visited Bow street to inquire as to the possibility of accused being bailed out, but it was explained that the prisoner was arrested on a warrant for alleged criminal offences which admitted of no bail until prisoner had appeared before the magistrate. Lord Douglas appeared much distressed when he was informed that on no consideration could the authorities entertain his application. He was respectfully informed that the prisoner had a cell to himself, and had been supplied with a blanket and other requisites to make him as comfortable as police regulations would allow. It will be Mr Wilde's privilege to receive food sent him from a neighbouring hotel if he so desires pending his transferrence from the cell in the police station to the cells of the adjoining police court at ten o'clock to-morrow morning. Sir John Bridge, who signed the warrant for his arrest, will investigate the charge against Mr Wilde, which involves a penal offence.

The Central News says—After conferring briefly with his counsel, Sir Edward Clarke, at the Central Criminal Court this morning, Wilde proceeded in company with Lord A Douglas and two other gentlemen, one of whom was a lawyer, to the Holborn Viaduct Hotel, where Wilde had slept on the previous night on account of its convenient proximity to the court. The party remained in earnest conference in a private room until one o'clock, when they partook of luncheon, at which much wine was drunk. At a quarter past two the four men drove off in Wilde's brougham, which had been waiting outside the hotel for a considerable time. Their destination was a bank in St James's, where a large sum of money was drawn out on a cheque payable to "self."

The Central News says—Lord Queensberry states that as soon as the trial ended he sent this message to Wilde—"If the country allows you to leave, all the better for the country; but if you take my son with you I will follow you wherever you go and shoot you."

Both Mr Oscar Wilde's plays, "The Ideal Husband" and "The Importance of Being Earnest," were produced to-night as usual at the Haymarket and at the St James Theatre, and at neither place was there any hostile demonstration. At the latter theatre, however, it was noticed that except in those portions of the buildings reserved and prepaid, the audience was smaller than usual. In one or two places slightly discordant remarks were made, especially when reference was made to the town of Worthing, but these chiefly came from the gallery and were of a trifling character.

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