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Original paragraph in
The Times - Saturday, April 6, 1895
The Times - Saturday, April 6, 1895
Most similar paragraph from
The Morning Post - Saturday, April 6, 1895
The Morning Post - Saturday, April 6, 1895
Difference
The trial or JOHN SHOLTO DOUGLAS, MARQUIS of QUEENSBERRY, who surrendered upon an indictment charging him with unlawfully and maliciously
writing and publishing a false, malicious, and defamatory libel of and concerning Mr. Oscar Wilde in the form of a card directed to him, was resumed.
Sir Edward Clarke, Q.C., Mr. Charles Mathews, and Mr. Travers Humphreys, appeared for the prosecution; Mr. Carson, Q.C., Mr. C. F. Gill,
and Mr. A. Gill defended. Mr. Besley, Q.C., Mr. Monckton, and Mr. Leonard Kershaw watched the case for a person interested.
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. CARSON, Q.C., continued his opening statement of the case for the defence. He said that yesterday, when it came to the usual time for
the adjournment of the Court, he had dealt as fully as he intended to deal with the question of Mr. Wilde's connexion with the literature and the two
letters which had been produced in the case, and he had almost hoped that he had sufficiently demonstrated to the jury upon that matter that, so far as
Lord Queensberry was concerned, he was absolutely justified in bringing to a climax in the way he did this question of the connexion between Mr. Oscar
Wilde and his son. He himself had, unfortunately, a more painful part of the case now to approach. It would be his painful duty to bring before them young
men one after another to tell their tale. It was, of course, even for an advocate a distasteful task. But let those who were inclined to condemn these men
for allowing themselves to be dominated, misled, and corrupted by Mr. Oscar Wilde remember the relative position of the parties, and remember that they
were men who had been more sinned against than sinning. He was not going in any great detail now to criticize the evidence of Mr. Oscar Wilde in relation
to the several transactions as to which he was cross-examined. There were general observations applicable to all the cases; there was, in point of fact, a
startling similarity between each of them on his own admission which must lead the jury to draw most painful conclusions. There was the fact that in no
one of these cases were these parties on an equality in any way with Mr. Wilde; they were none of them educated parties with whom he would naturally
associate, and they were not his equal in years. The jury ould have observed a curious similarity in the ages of each of them. Mr. Wilde had said that
there was something beautiful, something charming about youth which led him to adopt the course he did. It was absurd; his excuse in the witness-box was
only a travesty of the facts. Who were all these your men? Of Wood he himself had spoken. Who was Parker? Mr. Wilde professed the same ignorance about
Parker as be had about Wood--that he knew nothing about his antecedents. He also knew nothing about Searle except that he was out of employment. About
Conway be said that he had met him at Worthing. There was a curious similarity between all these cases--they were all of the same age. Take the case of
Parker. How did Mr. Wilde come to know Parker? Parker was a gentleman's servant who was out of employment and he and his brother one evening at a
restaurant in Piccadilly met Taylor. Taylor came and addressed them. Within a day or two Mr. Wilde gave a dinner to Taylor on the occasion of his
birthday, and told Taylor to bring anyone he liked. What an idea Taylor must have had of Mr. Wilde's taste that he should bring to his birthday dinner a
groom and a valet. There could be no explanation of the matter but one--that Taylor was the procurer for Mr. Wilde, and the jury would hear from this
young man Parker, who would have to tell his unfortunate story to them, that he was poor and out of a place, that he had no money, and unfortunately fell
a victim to Mr. Wilde. On the first evening they met Mr. Wilde called Parker "Charlie" and Parker called him "Oscar." He did not want to say anything
about Mr. Wilde's theories that there should be no social distinctions. It might be a very noble and a very generous instinct in some people to 'wish to
break down social barriers but he did not know that Mr. Wilde's conduct was regulated by any generous instincts towards these young men. If Mr. Wilde
wanted to assist Parker, did they think it was in favour of Mr. Wilde that he should take him to a restaurant and give him a luxurious dinner and
champagne? Was that the way that assistance would be given? Parker said that after the dinner Mr. Wilde invited him to drive with him to the Savoy Hotel.
He himself must say that they had had no explanation from Mr. Wilde as to why he had the suite of rooms at the Savoy Hotel. Parker would tell them what
happened on arriving there. That was the scandal at the Savoy Hotel to which Lord Queensberry had referred in his letter as far back as June or July in
last sear. The jury would wonder, not at the reports having reached Lord Queensberry's ears, but that Mr. Wilde had been tolerated in London society as
long as he had. The man Parker had since enlisted in the Army and bore a good character. Mr. Wilde himself said that Parker was a respectable man. Parker
would reluctantly present himself to tell his story to the jury. The learned counsel was next proceeding to deal with the case of a young man named
Conway, when
SIR. EDWARD CLARKE, Q.C., who had previously left the Court with Mr. Charles Mathews, returned, and, interposing, asked permission of the
learned Judge to have a conversation with Mr. Carson. At the close of a few moments' communication between the learned counsel,
SIR EDWARD CLARKE rose, and, addressing Mr. Justice Collins, said,--Will your Lordship allow me to interpose at this moment to make a
statement, which, of course, is made under a feeling of very great responsibility? My learned friend, Mr. Carson, yesterday addressed the jury on the
question of the literature involved in this case, and upon the inferences to be drawn from admissions made, with regard to letters, by Mr. Oscar Wilde
yesterday, and my friend began address this morning by saying that he hoped yesterday that he had said enough 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 be present in your Lordship's mind that those
who are representing Mr. Oscar Wilde in this case have before them a very terrible anxiety. They cannot conceal from themselves that the judgment that
might be formed of that literature and of the conduct which had been admitted might not improbably induce the jury to say that when Lord Queensberry used
the words, "Posing as," &c., he was using words for which there was sufficient justification to entitle a father using those words in those
circumstances to the utmost consideration, and to be relieved from a criminal charge in respect of that statement. And, my Lord, we had, in our clear view
that that might not improbably be the result upon that part of the case, and I and my learned friends who desire to be associated with me in this matter
had looked 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. 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, it might be, with long evidence, investigating matters of the most appalling character. In these circumstances I hope your
Lordship will think that I am taking a right course, which I am taking after communications with Mr. Oscar Wilde, --that is to say, that, having regard to
what has been already referred to by my learned friend in respect of the matters connected with the literature and the letters, I feel that he could not
resist a verdict of "Not guilty" in this case, having reference to the words, " Posing as," &c. In these circumstances I hope that your Lordship will
think that I am not going beyond the bounds of duty, and that I am doing some thing to save or 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 your Lordship does not
think at this time of the case that I ought to be allowed to do this, I am prepared to submit to a verdict of "Not guilty," having regard, if to any part
of the particulars at all, to that part of them which is connected with the publication of "Dorian Gray " and the publication of the Chameleon. I trust
that that may make an end of the case.
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, Q.C.--My Lord,--I do not know that I have any right whatever to interfere in any way in the application that my friend has
made to your Lordship. I can only say that, as far as Lord Queensberry is concerned, if there is a verdict of "Not guilty," a verdict which involves that
he has succeeded in his plea of justification, I am quite satisfied. Of course, my friend must admit that we must succeed upon that plea in the manner
which he has stated. Therefore, it rests entirely with your Lordship whether the course suggested by my friend should be taken.
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," I do not think it
is any part of the functions of a Judge or jury to insist on going through prurient details which have no bearing on the matter which has been already
concluded by the assent of the prosecutor to a verdict of ``Not guilty." But as to the jury's putting any limitation on the verdict, the justification is
one justifying the charge of "Posing as," &c. If that is justified, it is justified. If it is not, it is not; and the verdict of jury must be a
verdict of "Guilty" or "Not guilty," and I understand the prosecution to assent to a verdict of "Not guilty." Of course, the jury will return their
verdict.
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, Q.C.--Of course, my Lord, the verdict will be that the plea of justification is proved, and that it is for the public
benefit.
JUSTICE COLLINS.--The verdict is "Not guilty," but it is arrived at by that process. I should tell the jury that two things had to be
established--that the justification was true in substance and in fact--that the prosecutor had "Posed as," &c.--and I should also have had to tell
them that they would have to find that the statement was published in such a manner as to be for the public benefit. If they find these two issues in
favour of the defendant, then the verdict will be "Not guilty." That is the verdict, I understand, which is submitted to. Gentlemen of the Jury,--Your
ultimate verdict will be "Not guilty," but there are other matters which have to be determined with reference to the specific finding on the plea of
justification and which involve two things--that the statement is true in fact, and that it was published for the public benefit. Having found these in
favour of the defendant, your verdict will be " Not guilty," and you will have to say whether the plea of justification is proved or not.
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.
The jury having consulted for a few moments, the Clerk of Arraigns, addressing them, said:--Gentlemen of the Jury,--Do you find the plea
of justification has been proved or not?
The Foreman.--Yes.
The Clerk of Arraigns.--You say that the defendant is Not guilty, and that is the verdict of you all?
The Foreman.--Yes; and we also find that it was published for the public benefit.
The Foreman—Yes; and we also find that the publication was for the public benefit.
The verdict was received with loud applause.
The announcement of the verdict was received with loud applause.
Mr. CARSON, Q.C.--Of course, the costs of the defence will follow.
Mr. Carson—And the costs of the defence will follow?
Mr. JUSTICE COLLINS.--Yes.
Mr. C. F. GILL.--And Lord Queensberry may be discharged.
Mr. Carson—May I ask that Lord Queensberry may be discharged?
Mr. JUSTICE COLLINS.--Certainly.
Mr. Justice Collins—Yes, certainly.
The Marquis of Queensberry then left the dock amid renewed cheering.