The Times - Saturday, April 6, 1895
This report was originally published in English. Machine translations may be available in other languages.
CENTRAL CRIMINAL COURT, April 5.
(Before MR. JUSTICE COLLINS).
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.
The trial of 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 Fingal O'Flahertie Wills Wilde in the form of a card directed to him, was resumed.
John Sholto Douglas, Marquis of Queensberry, surrendered and was indicted for unlawfully and maliciously writing and publishing a false, malicious, and defamatory libel of and concerning Mr. Oscar Fingal O'Flahertie Wills Wilde in the form of a card directed to him.
The Clerk read out the indictment, to the effect that the marquis did unlawfully and maliciously write and publish a false, malicious, and defamatory libel concerning Mr Oscar Wilde in the form of a card directed to him.
The Clerk read out the indictment to the effect that the Marquis "did unlawfully and maliciously write and publish a false, malicious, and defamatory libel" concerning Mr. O. Wilde, in the form of a card directed to him.
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. 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. 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., and Mr. Monckton 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 Drumlanrig, the eldest son of the defendant.
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 for Lord Douglas of Hawick.
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.
Sir E. Clarke, Q.C., M.P., with Mr C. Mathews and Mr Travers Humphrey, appeared for the prosecution; Mr Carson, Q.C., Mr C.F. Gill, Q.C., and Mr A. Gill defended; and Mr Besley, Q.C., with Mr Monckton, watched the case on behalf of Lord Douglas 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.
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.
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.
Sir E Clarke, then rising, said—My lord, I here interpose to make a statement, which 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 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 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 two words under the circumstances, and to be relieved from a criminal charge in respect of the statement. In our view we thought 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 favor 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 communication with Mr Oscar Wilde, in saying that having regard to what has already been addressed by my learned friend, Mr Carson, in respect the matters connected with the literature and the letters. I feel that he could not resist "posing as a —." 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 my 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."
Sir Edward Clarke then said :— Will your Lordship allow me to interpose and make a statement, which is, of course, made under a feeling of very grave respon-sibility. 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 admissions made with regard to the letters read yesterday. My learned friend began his address by saying that he hoped the need of having the Jury deal with those details could be avoided. I think it must have been present to your mind that the representatives of Mr. Oscar Wilde have beFore them in this case a very terrible anxiety. They could not conceal from themselves the inferences which might be drawn might not improperly induce the Jury to say that when Lord Queensberry used the words "posing as" he was using words which there was a sufficient justification for a father to use. That in our view might not he an improbable result of that part of the case. I and my learned friends who are with me had to look forward to this — that a verdict given in favour of the Defendant upon that point might be regarded as a finding with regard to all parts of the case. The position we stood in was that, in view of the finding of a verdict, we would be going through long evidence dealing with matters of a most appalling character. In these circumstances, I hope your Lordship will think I am taking the right course or action. Having regard to what has been already said in respect of the literature and of the letters, I feel that I could not resist a verdict of Not Guilty in this case — not guilty, that is, having reference to the words "posing as." In these circumstances, I hope your Lordship will think that I am not going beyond the bounds of duty, and that I am doing something to save and to prevent what would be a most terrible task, however it might close, if I now interpose to say that, on behalf of Mr. Oscar Wilde, I would ask to withdraw from the prosecution. If your Lordship does not think that at this time of the case, and 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 of the particulars which is connected with the publication of "Dorian Gray" and with the publication of the Chameleon. I trust, my Lord, that that may make an end of 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: 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, 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 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.
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 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 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, 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: 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.— The verdict will be that complete justification is proved, and that the publication was 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: We do, and that it was published for the public benefit.
The Foreman — We do, and that is was published for the public benefit.
The foreman—We do, and that it was published for the public benefit.
The Foreman—Yes; and we also find that the publication was for the public benefit.
The Foreman. — Yes ; and we also find that the pub- lication was for the public benefit.
The verdict was received with loud applause.
Mr. CARSON, Q.C.--Of course, the costs of the defence will follow.
Mr. JUSTICE COLLINS.--Yes.
Mr. C. F. GILL.--And Lord Queensberry may be discharged.
Mr. JUSTICE COLLINS.--Certainly.
The Marquis of Queensberry then left the dock amid renewed cheering.