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Original paragraph in
London Daily News - Saturday, April 6, 1895
London Daily News - Saturday, April 6, 1895
Most similar paragraph from
Belfast News-Letter - Saturday, April 6, 1895
Belfast News-Letter - Saturday, April 6, 1895
Difference
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. Carson, Q.C, said he did not think that he had any right whatever to interfere in any way with such an application his learned
friend had made. He could only say that, as far as Lord Queensberry was concerned, if there was to be a verdict of "not guilty," the verdict must involve
that his Lordship had succeeded in his plea of justification. With that understanding he (the learned counsel) would be quite satisfied to adopt the
course proposed. Of course, his learned friend would admit they must succeed on that plea, and that being so it rested entirely with his Lordship as to
whether the course suggested by his learned friend was to be adopted.
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.
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.
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.