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(Before Mr. Justice Collins). CENTRAL CRIMINAL COURT,Aprl 5. (Before MiR. JUSTICE COLLINS). The trial of JonIN SHOLTO DOuGLAS, MIRQuis of QUEzNSDERRY, 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 Mlr. Travers Humphreys, appeared for the prosecution; Mr. Carsun, Q.C., Mr. C. P. Gill, and hr. A. Gill defended. Mr. Bealey, Q.C., Mr. Monckton, and Mr. Leonard Kershaw watched the case for a person interested. Mr. CAiisoN, Q.C., contmnued 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 fuUy as he intended to deal with the question of Mr. Wilde's connexion with the literature and the two letters which had been produced iu the casbe, and he had almost hoped that he had sufficiently demonstrated to the jury upon that n atter 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 con- nexion between Mr. Oscar Wilde and his son. He him- self had, unfortunately, a more painful part of the case now to approach. It would be bis painful duty to bring before them young men one atter another to tell their tale. It was, of course, even for an advocate a dis- tasteful task. But let those who were inclined to condemn these men for allowing theuselves 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 uow to criticize the evidence of Mr. Oscar VWilde in relation to the several transaction s as to which he was cross-examined. There were general olserva- tions 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 b0 would naturally associate, and they were not his equal in years. The jury would have observed a curious similarity in the ages of each of them. Mr. Wilde had said that there was some- thing beautiful, something charming aboat 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 young men ? Of Wood he himself had spoken. Who %as Parker ? Mr. Wilde professed the same ignorance about Parker as he had about Wood --v -- -uw oLuouug aOout ins anteceteDnts. He also knew nothing about Scarfe 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 Plicadilly met Taylor. Taylor came and addressed tbem. Within a day or two Mr. Wilde gave a dinner to Taylor on the occasion of his birthday, and told Taylor to brig any one he liked. Whatan ideaTaylormust 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 bis 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 '3 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. WVilde 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 3rive 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 X ear. 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 be had. The man Parker had since enlisted ia the Army and bore a good character. Mr. Wilde bimself said that Parker wss a respectable man. Parker would reluctantly present himself to tell his story to the jury. The learned counsel was next pro- ceeding to deal with the case of a young man named Conway, when SIx EDWARD Cr.LrKE, 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 couusel, SIR EDWAZD CLAR1X;S 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 re- sponsibility ? My learned friend, Mr. Carson, yester- day addressed the jury on the question of the litera- ture involved in this case, and upon the inferences to be drawn from admnissions made, with regard to letters, by Mr. Oscar Wilde yesterday, and my friend began lis address this morning by saying that he hoped yesterday thathe 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 iu 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 1 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 detendant upon that part of the case might be interpreted outside as a conclusive fnding with regard to 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 appallng 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," &b. In these circumstances I hope that your Lordship will think that I am not going beyond the bounds of duty, and that 1 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]f Mr. Oscar Wilde, that I would ask to withdraw from the prosecution, and, if your LordshiD 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 particu- lars atall. to that part of them which is connected with the publication of ' Dorian Gray " and the publica- tion of the Chamneeln. I trust 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 Lord- ship. I can only say that, as far as Lord Queensberry is coneerned, if there is a verdict of " Not guilty," a verdict which involves that he has succeeded in his plea of 3ustification, 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 Mn. JUSTICE COLLINS.-InasmUch as the prose- cutor in this case is prepared to acquiesce in a verdictof " Not guilty," I do not think it is any part of the fanctions of a Judge or jury to insist on going through prarient 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 veidiet, the justification is one justifying the chaige of " Posing as," &-o. If that is justified', it is justilled. If it is not, it is not and the verdict bf the Jury must be a verdict of "Guiity " or "Not guilty," and I understand the Drosecution to assent to a verdict of "Not guilty." Of course, the jury will return their verdict. Mr. CAISoN, Q.C.-Of course, my Lord, the verdict ,Will be that the plea of jastilicatioa is proved, and that it is for the publlc benefit. IU. JUsTICE COLD ixs.-The verdietis "INot gtilty " but it is arrived at bg that process. I should tell the jury that two things had to be Sestablished-that the justification was true in substance and ill fact-that the prosecutor had "- Posed as," &c.-and I should also have bad to tell them that they would have to find that the statement was published in such a macner as to be for the public benefit. If they find these two issues in favdur of the defendant, then the verdict will be N Not guilty." That is the verdict, I understand, which is submitted to. Gentlemen of the Jury,-Your ultimate verdict will be " Not ilty," but there are other matters which have to be deteed wit rr- ence to the specific finding ou the plea of justification, and which involve two things-that tbestatementis true in fact, and that it was published for tbe public bene- fit. Having sound these in iavour of the defendant, your verdict will be " Not guilty," and yon will have to say whether the plea of justification is proved or not. The jury having consalted 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 defend- ant is Not guilty, anud that is the verdict of you al ? The Foreman.-Yes and we also find that it was published for the publie beneat. The verdict was received with loud applause. Mr. CAxsog, Q.C.-Of course, the costs of the defence will follow. MN. JUSTIOE 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.
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