The Pall Mall Gazette - Friday, April 5, 1895
This report was originally published in English. Machine translations may be available in other languages.
OSCAR WILDE LIBEL CASE.
SUDDEN COLLAPSE.
THE PLEA OF JUSTIFICATION
ADMITTED BY THE PROSECUTION.
VERDICT OF THE JURY.
SENSATIONAL FINISH.
THE DOCUMENTS SENT TO
THE PUBLIC PROSECUTOR.
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.
In these circumstances I hope your lordship will think that I am taking a right course--which I take after communicating with Mr. Oscar Wilde--and it is to say that, having regard to what has already been referred to by my learned friend with respect of the matters connected with the literature and letters, I feel he could not resist a verdict of not guilty--having regard to the words "posing as." In these circumstances I hope your lordship will think I am not going beyond the bounds of duty, and that I am doing something to save and prevent what would be a most terrible task, however it might close, if I know interpose to 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 in the case, after what has taken place that I should be allowed to do that, on his behalf I am prepared to submit to
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.
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.
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. — 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 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. 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. 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, 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.
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.
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 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. 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 of "posing as." 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. I understand the Prosecutor to assent to a verdict of Not Guilty, and of course the Jury will return a verdict of Not Guilty.
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: Of course the verdict will be that the plea of justification is proved, and that the words were published for the public benefit.
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.
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.
Mr. Carson—The verdict will be that the plea of justification is proved, and that it is for the public benefit.
Mr. Carson.— The verdict will be that complete justification is proved, and that the publication was for the public benefit.
Mr. Carson—The verdict will, of course, be that complete justification is proved, and that the publication was 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.
Sir E. Clarke: The verdict is not guilty. His lordship: 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.
The jury then 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:-
The same agency 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:—
At the conclusion of the trial at the Central Criminal Court yesterday morning, 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.
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.
37, Norfolk Street, Strand. The Hon. Hamilton Cuffe, E-q., 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 witnesses' statements together with a copy of the shorthand notes of the trial.—Yours faithfully, Charles Russell. The Treasury, Whitehall.
"37, Norfolk-street. Strand. " 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 trial. — Yours faithfully, "Charles Russell."
37, Norfolk-street, Strand. The Hon Hamilton Caffe, Esq., Director of Prosecutions. Dear Sir,- In order that there may be a miscarriage of justice, I think it my duty at once to send you a copy of our witness's statements, together with a copy of the shorthand notes of the trial. -Yours faithfully, CHARLES RUSSELL The Treasury, Whitehall.
"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,
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.
"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,"The Treasury, Whitehall."
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.
"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."
The letter written by Mr Russell, with the accompanying document, is as follows:— "in order that there may be no miscarriage of justice, I think in 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."
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."
The letter written by Mr Russell and accompanying documents is as follows—"In order that there may be no miscarriage of ujstice, I think it my duty at once to send you a copy of all our witness’s statements together with the copy of the shorthand notes of the trial."
The letter written by Mr Russell and accompanying the 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 copy of shorthand notes of trial."