The Trial of Oscar Wilde Part 12

"Fix your minds," concluded Sir Edward earnestly, "firmly on the tests that ought to be applied to the evidence as a whole before you can condemn a fellow-man to a charge like this. Remember all that this charge implied, of implacable ruin and inevitable disgrace. Then I trust that the result of your deliberations will be to gratify those thousand hopes that are waiting upon your verdict. I trust that verdict will clear from this fearful imputation one of the most accomplished and renowned men-of-letters of to-day."

At the end of this peroration, there was some slight applause at the back of the court, but it was hushed almost at once. Wilde had paid great attention to the speech on his behalf and on one or two occasions had pressed his hands to his eyes as if expressing some not unnatural emotion.

The speech concluded, however, he resumed his customary att.i.tude and awaited with apparent firmness all that might befall.

Mr. Grain then rose to address the jury on behalf of Taylor. He submitted that there was really no case against his client. An endeavour had been made to prove that Taylor was in the habit of introducing to Wilde youths whom he knew to be amenable to the practices of the latter and that he got paid for this degrading work. The attempt to establish this disgusting a.s.sociation between Taylor and Wilde had completely broken down. He was, it is true, acquainted with Parker, Wood and Atkins. He had seen them constantly in restaurants and music-halls, and they had at first forced themselves upon his notice and thus got acquainted with a man whom they designed for blackmail. All the resources of the Crown had been unable to produce any corroboration of the charges made by these witnesses. How had Taylor got his livelihood, it might be asked? He was perfectly prepared to answer the question. He had been living on an allowance made him by members of his late father's firm, a firm with which all there present were familiar. Was it in the least degree likely that such scenes as the witnesses described, with such apparent candour and such wealth of filthy detail, could have taken place in Taylor's own apartments? It was incredible that a man could thus risk almost certain discovery. In conclusion, he confidently looked for the acquittal of his client, who was guilty of nothing more than having made imprudent acquaintances and having trusted too much to the descriptions of themselves given by others.

Mr. Gill then replied for the prosecution in a closely-reasoned and most able speech, which occupied two hours in delivery and which created an enormous impression in the crowded court. He commented at great length upon the evidence. He contended that in a case of this description corroboration was of comparatively minor importance, for it was not in the least likely that acts of the kind alleged would be practised before a third party who might afterwards swear to the fact. Therefore, when the witnesses described what had transpired when they and the prisoners were alone, he did not think that corroboration could possibly be given. There was not likely to be an eye-witness of the facts. But in respect to many things he declared the evidence was corroborated. Whatever the character of these youths might be, they had given evidence as to certain facts and no cross-examination, however adroit, however vigorous, had shaken their testimony, or caused them to waver about that which was evidently firmly implanted in their memories. A man might conceivably come forward and commit perjury. But these youths were accusing themselves, in accusing another, of shameful and infamous acts, and this they would hardly do if it were not the truth. Wilde had made presents to these youths and it was noticeable that the gifts were invariably made after he had been alone, at some rooms or other, with one or another of the lads. In the circ.u.mstances, even a silver cigarette-case was corroboration. His learned friend had protested against any evil construction being placed upon these gifts and these dinners; but, in the name of common-sense, what other construction was possible? When they heard of a man like Wilde, presumably of refined and cultured tastes, who might if he wished, enjoy the society of the best and most cultivated men and women in London, accompanying to Nice and other places on the Continent, uninformed, unintellectual and vulgar, ill-bred youths of the type of Charles Parker, then, in Heaven's name what were they to think? All those visits, all those dinners, all those gifts, were corroboration. They served to confirm the truth of the statements made by the youths who confessed to the commission of acts for which the things he had quoted were positive and actual payment.

In the case of the witness Sidney Mavor, it was clear that Wilde had, in some way, continued to disgust this youth. Some acts of Wilde, either towards himself, or towards others, had offended him. Was not the letter which Mavor had addressed to the prisoner, desiring the cessation of their friends.h.i.+p, corrobation?

(At this moment his Lords.h.i.+p interposed, and said that although the evidence of this witness was clearly of importance, he had denied that he had been guilty of impropriety, and he did not think the count in reference to Mavor could stand. After some discussion this count was struck out of the indictment).

Before concluding Mr. Gill stated that he had withdrawn the conspiracy count to prevent any embarra.s.sment to Sir Edward Clarke, who had complained that he was affected in his defence by the counts being joined.

Mr. Gill said, in conclusion, that it was the duty of the jury to express their verdict without fear or favour. They owed a duty to Society, however sorry they might feel themselves at the moral downfall of an eminent man, to protect Society from such scandals by removing from its heart a sore which could not fail in time to corrupt and taint it all.

Mr. Justice Charles then commenced his summing-up. His lords.h.i.+p at the outset said he thought Mr. Gill had taken a wise course in withdrawing the conspiracy counts and thus relieving them all of an embarra.s.sing position.

He did not see why the conspiracy counts need have been inserted at all, and he should direct the jury to return a verdict of acquittal on those charges as well as upon one other count against Taylor, to which he would further allude, and upon which no sufficient evidence had been given.

He, the learned judge, asked the jury to apply their minds solely to the evidence which had been given. Any pre-conceived notion which they might have formed from reading about the case he urged them to dismiss from their minds, and to deal with the case as it had been presented to them by the witnesses.

His Lords.h.i.+p went on to ask the jury not to attach too much importance to the uncorroborated evidence of accomplices in such cases as these. Had there been no corroboration in this case it would have been his duty to instruct the jury accordingly; but he was clearly of opinion that there was corroboration to all the witnesses; not, it is true, the conspiracy testimony of eye-witnesses, but corroboration of the narrative generally.

Three of the witnesses, Chas. Parker, Wood and Atkins, were not only accomplices, but they had been properly described by Sir Edward Clarke as persons of bad character. Atkins, out of his own mouth, was convicted of having told the most gross and deliberate falsehoods. The jury knew how this matter came before them as the outcome of the trial of Lord Queensberry for alleged libel.

The learned judge proceeded to outline the features of the Queensberry trial, commenting most upon what was called the literary part of Wilde's examination in that case. The judge said that he had not read "Dorian Gray", but extracts were read at the former trial and the present jury had a general idea of the story. He did not think they ought to base any unfavourable inference upon the fact that Wilde was the author of that work. It would not be fair to do so, for while it was true that there were many great writers, such for instance as Sir Walter Scott and Charles d.i.c.kens, who never penned an offensive line, there were other great authors whose pens dealt with subjects not so innocent.

As for Wilde's aphorisms in the "Chameleon", some were amusing, some were cynical, and some were, if he might be allowed to say so, simple, but there was nothing _in per se_, to convict Wilde of indecent practices.

However, the same paper contained a very indecent contribution; "The Priest and the Acolyte." Mr. Wilde had nothing to do with that. In the "Chameleon" also appeared two poems by Lord Alfred Douglas, one called "In Praise of Shame", and the other called "Two Loves." It was said that these sonnets had an immoral tendency and that Wilde approved them. He was examined at great length about these sonnets, and was also asked about the two letters written by him to Lord Alfred Douglas--letters that had been written before the publication of the above mentioned poems.

In the previous case Mr. Carson had insisted that these letters were indecent. On the other hand, Wilde had told them that he was not ashamed of them, as they were intended in the nature of prose poems and breathed the pure love of one man for another, such a love as David had for Jonathan, and such as Plato described as the beginning of wisdom.

He would next deal with the actual charges, and would first call their attention to the offence alleged to have been committed with Edward Sh.e.l.ley at the beginning of 1892. Sh.e.l.ley was undoubtedly in the position of an accomplice, but his evidence was corroborated. He was not, however, tainted with the offences with which Parker, Wood and Atkins were connected. He seemed to be a person of some education and a fondness for Literature. As to Sh.e.l.ley's visit to the Albemarle Hotel, the jury were the best judges of the demeanour of the witness. Wilde denied all the allegations of indecency though he admitted the other parts of the young man's story. His Lords.h.i.+p called attention to the letters written by Sh.e.l.ley to Wilde in 1892, 1893 and 1894. It was, he said, a very anxious part of the jury's task to account for the tone of these letters, and for Sh.e.l.ley's conduct generally. It became a question as to whether or no his mind was disordered. He felt bound to say that though there was evidence of great excitability, to talk of either Sh.e.l.ley or Mavor as an insane youth was an exaggeration, but it would be for the jury to draw their own conclusions.

Pa.s.sing to the case of Atkins, the judge drew attention to his meeting with Taylor in November 1892, to the dinner at the Cafe Florence, at which Wilde, Taylor, Atkins and Lord A. Douglas were present, and to the visit of Atkins to Paris in company with Wilde.

After dwelling on the circ.u.mstances of that visit, his lords.h.i.+p referred to Wilde's two visits to Atkins in Osnaburgh Street in December 1893.

Wilde explained the Paris visit by saying that Schwabe had arranged to take Atkins to Paris, but being unable to leave at the time appointed he asked Wilde to take charge of the youth, and he did so out of friends.h.i.+p for Schwabe. Wilde further denied that he was much in Atkins' company when in Paris. Atkins certainly was an unreliable witness and had obviously given an incorrect version of his relations with Burton. He told the grossest falsehoods with regard to their arrest, and was convicted out of his own mouth when recalled by Sir E. Clarke. It was for the jury to decide how much of Atkins's evidence they might safely believe.

Then there were the events described as having occured at the Savoy Hotel in March 1892. He would ask the jury to be careful in the evidence of the chamber-maid, Jane Cotter, and the interpretation they put upon it. If her evidence and that of the Ma.s.seur Mijji, were true, then Wilde's evidence on that part of the case was untrue, and the jury must use their own discretion. He did not wish to enlarge upon this most unpleasant part of the whole unpleasant case, but it was necessary to remind the jury as discreetly as he could that the chamber-maid had objected to making the bed on several occasions after Wilde and Atkins had been in the bed-room alone together. There were, she had affirmed, indications on the sheets that conduct of the grossest kind had been indulged in. He thought it his duty to remind the jury that there might be an innocent explanation of these stains, though the evidence of Jane Cotter certainly afforded a kind of corroboration of these charges and of Atkins's own story. In reference to the case of Wood, he contrasted Wood's account with that of Wilde.

It seemed that Lord Alfred Douglas had met Wood at Taylor's rooms. In response to a telegram from the former, Wood went to the Cafe Royal and there met Wilde for the first time, Wilde speaking first. On the other hand, Wilde represented that Wood spoke first. The jury might think that, in any case, the circ.u.mstances of that meeting were remarkable, especially when taken in conjunction with what followed. There was no doubt that Wood had fallen into evil courses and he and Allen had extracted the sum of 300 in blackmail. The interview between Wilde and Wood prior to the latter's departure for America was remarkable. A sum of money, said to be 30, was given by Wilde to Wood, and Wood returned some of Wilde's letters that had somehow come into his possession. Wood, however, kept back one letter which got into Allen's possession. Wood got 5 more on the following day, went to America, and while there wrote to Taylor a letter in which occured the pa.s.sage. "Tell Oscar if he likes he can send me a draft for an Easter Egg." It would be for the jury to consider what would have been the inner meaning of these and other transactions.

As to the prisoner Taylor, he had, on his own admission, led a life of idleness, and got through a fortune of 45,000. It was alleged that the prisoner had virtually turned his apartments into a bagnio or brothel, in which young men took the place of prost.i.tutes, and that his character in this regard was well known to those who were secretly given to this particular vice. One of the offences imputed to Taylor had reference to Charles Parker, who had spoken of the peculiar arrangement of the rooms.

There were two bedrooms in the inner room with folding doors between and the windows were heavily draped, so that no one from the opposite houses could possibly see what was going on inside. Heavy curtains, it was said, hung before all the doors, so that it could not be possible for an eave's-dropper to hear what was proceeding inside. There was a curiously shaped sofa in the sitting-room and the whole aspect of the room resembled, it was a.s.serted, a fas.h.i.+onable resort for vice.

Wilde was undoubtedly present at some of the tea parties given there, and did not profess to be surprised at what he saw there. It had been shown that both the Parkers went to these rooms, and further, that Charles Parker had received 30 of the blackmail extorted by Wood and Allen.

Charles Parker's evidence was therefore doubly-tainted like that of Wood and Atkins, but his evidence was to some extent confirmed by that of his brother William. Some parts of Charles Parker's evidence were also corroborated by other witnesses, as for instance, by Marjorie Bancroft, who swore that she saw Wilde visit Charles Parker's rooms in Park Walk.

It was admitted that this Parker visited Wilde at St. James' Place.

Charles Parker had been arrested with Taylor in the Fitzroy Square raid and this went to show that they were in the habit of a.s.sociating with those suspected of offences of the kind alleged. Both, however, were on that occasion discharged and Parker enlisted in the army. It was quite manifest that Charles Parker was of a low cla.s.s of morality.

That concluded the various charges made in this case and he had very little to add. Mavor's evidence had little or no value with reference to the issues now before the jury, except as showing how he became acquainted with Wilde and Taylor. So far as it went, Mavor's evidence was rather in favour of Wilde than otherwise and nothing indecent had been proved against that witness.

In conclusion, his lords.h.i.+p submitted the case to the jury in the confident hope that they would do justice to themselves on the one hand, and to the two defendants on the other. The learned judge concluded by further directing the jury as to the issues, and asked them to form their opinions on the evidence, and to give the case their careful consideration.

The judge left the following questions to the jury:--

FIRST, whether Wilde committed certain offences with Sh.e.l.ley, Wood, with a person or persons unknown at the Savoy Hotel, or with Charles Parker?

SECONDLY, whether Taylor procured the commission of those acts or any of them?

THIRDLY, did Wilde or Taylor, or either of them attempt to get Atkins to commit certain offences with Wilde, and FOURTHLY, did Taylor commit certain acts with either Charles Parker or Wood?

The Jury retired at 1.35, the summing-up of the judge having taken exactly three hours.

At three o'clock a communication was brought from the jury, and conveyed by the Clerk of arraigns to the Judge, and shortly afterwards the jury had luncheon taken in to them.

At 4.15 the judge sent for the Clerk of arraigns, Mr. Avory, who proceeded to his lords.h.i.+p's private room.

Subsequently, Mr. Avory went to the jury, apparently with a communication from the judge and returned in a few minutes to the judge's private room.

Shortly before five o'clock the usher brought a telegram from one of the jurors, and after it had been shown to the clerk of arraigns it was allowed to be despatched.

Eventually the jury returned into court at a quarter past five o'clock.

THE VERDICT

THE JUDGE.--"I have received a communication from you to the effect that you are unable to arrive at an agreement. Now, is there anything you desire to ask me in reference to the case?"

THE FOREMAN.--"I have put that question to my fellow-jurymen, my lord, and I do not think there is any doubt that we cannot agree upon three of the questions."

THE JUDGE.--"I find from the entry which you have written against the various subdivisions of No. 1 that you cannot agree as to any of those subdivisions?"

THE FOREMAN.--"That is so, my lord."

THE JUDGE.--"Is there no prospect of an agreement if you retire to your room?"

THE FOREMAN.--"I fear not."

THE JUDGE.--"You have not been inconvenienced; I ordered what you required, and there is no prospect that, with a little more deliberation, you may come to an agreement as to some of them?"

THE FOREMAN.--"My fellow-jurymen say there is no possibility."

THE JUDGE.--"I am very unwilling to prejudice your deliberations, and I have no doubt that you have done your best to arrive at an agreement. On the other hand I would point out to you that the inconveniences of a new trial are very great. If you thought that by deliberating a reasonable time you could arrive at a conclusion upon any of the questions I have asked you, I would ask you to do so."

THE FOREMAN.--"We considered the matter before coming into court and I do not think there is any chance of agreement. We have considered it again and again."