Difference
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.
The galleries and body of the court were again thronged by half-past nine o'clock, and until the reappearance of the learned judge barristers and numbers of the public spent their time in purusing 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.
Lord Queensberry had this morning made a slight change in his attire. Entering the dock with a confident air he threw off a great coat 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.
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.
Mr. Carson resumed his address for the defence at half-past ten o'clock with the observation that he hoped he had justified Lord Queensberry in the 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 an intermediary 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 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 give details as to conduct at the Savoy Hotel, and elsewhere, which cannot be even indicated. "I regret," proceeded the learned counsel, "to be obliged to put into the witness-box the young man Parker, for he has since entered the 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 fisher-boy 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 if any person's mouth, except that of Wilde himself. They almost passed belief.
The Plaintiff, Wilde, had up to this point been absent.
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.
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."
Sir E Clarke, then rising, said:—My Lord—I here interpose to make a statement which I do under a feeling of gravest responsibility. Mr. Carson yesterday addressed the jury upon the question of the literature involved in this case, and upon inferences 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 I that he hoped he had yesterday said enough in dealing with these topics to influence the jury, and to relieve them from the necessity of dealing in detail with the other issues in 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 conduct which bad been admitted might not improbably induce the jury to say that when Lord Queensberry used those words which constituted the libel be was using words for which there was 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 these 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 of the matters connected with the literature and the letters, I feel that he could not resist a verdict of not guilty in reference to the words which constituted the libel. 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 task 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 "Dorian Grey" and the Chameleon.
This statement of the son and learned gentlemen produced a profound sensation in the crowded court.
The statement of the hon. and learned gentleman 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. Carson: I do not know, my lord, that I have any right to interfere 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 that 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.
Mr. Justice Collins: As to the jury putting any limitation upon the verdict the charge contained in the words which constituted the libel 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.
The jury consulted for a moment, and the foreman, in reply to the usual question, said, "We find the defendants not guilty."
The jury consulted for a moment, and the Foreman in reply to the usual question said, "We find the defendant 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 Clerk 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.
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. 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.
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 feelings of the public and the bar found vent in a flood of excitable conversation, and with the disappearance of the learned judge from the tribunal the scene ended, and the court was rapidly cleared.