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Original paragraph in
The Pall Mall Gazette - Friday, April 5, 1895
The Pall Mall Gazette - Friday, April 5, 1895
Most similar paragraph from
The New York Herald (European Edition) - Saturday, April 6, 1895
The New York Herald (European Edition) - Saturday, April 6, 1895
Difference
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.
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.