Trials of Oscar Wilde  

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"Very shortly after this sally the climax to the cross-examination was reached, The witness was being questioned about a boy named Grainger, who was a servant in Lord Alfred Douglas’s rooms at Oxford. Did Wilde ever kiss him? “Oh, dear no I He was a peculiarly plain boy, He was, unfortunately, extremely ugly.” Quick as lightning Carson pressed home his advantage. Was that the reason Wilde had never kissed him? Why had he mentioned his ugliness? “Why, why, why, did you add that?" rapped out Carson in staccato tones. At last Wilde, who had hitherto shown remarkable self-restraint, lost his temper. But it was now too late. The damage was done; and the foolish slip, which caused it, could not be covered up." --The Three Trials of Oscar Wilde (1948) by H. Montgomery Hyde

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As the result of the famous trial, Oscar Wilde suffered a dramatic downfall and was imprisoned for two years of hard labour after being convicted of the offence of "gross indecency".

Contents

Trials

Wilde vs Queensberry

On 18 February 1895, the Marquess left his calling card at Wilde's club, the Albemarle, inscribed: "For Oscar Wilde, posing somdomite"Template:Sic. Wilde, egged on by Douglas and against the advice of his friends, initiated a private prosecution against Queensberry, who was arrested on a charge of criminal libel, a charge carrying a possible sentence of up to two years in prison (Libel Act of 1843): as sodomy was then a crime, Queensberry's note amounted to a public accusation that Wilde had committed a felony.

Under the Libel Act 1843, Queensberry could avoid conviction for libel only by demonstrating that his accusation was in fact true, and furthermore that there was some "public benefit" to having made the accusation openly. Queensberry's lawyers thus hired private detectives to find evidence of Wilde's homosexual liaisons to prove the fact of the accusation. They decided on a strategy of portraying Wilde as a depraved older man who habitually enticed naive youths into a life of vicious homosexuality in order to demonstrate that there was some public interest in making the accusation openly, ostensibly to warn off other youths who might otherwise have become entrapped by Wilde.

The libel trial became a cause célèbre as salacious details of Wilde's private life with Taylor and Douglas began to appear in the press. A team of private detectives had directed Queensberry's lawyers, led by Edward Carson QC, to the world of the Victorian underground. Wilde's association with blackmailers and male prostitutes, cross-dressers and homosexual brothels was recorded, and various persons involved were interviewed, some being coerced to appear as witnesses since they too were accomplices to the crimes Wilde was accused of.

The trial opened on 3 April 1895 amongst scenes of near hysteria both in the press and the public galleries. The extent of the evidence massed against Wilde forced him to declare meekly, "I am the prosecutor in this case". Wilde's lawyer, Sir Edward George Clarke, opened the case by pre-emptively asking Wilde about two suggestive letters Wilde had written to Douglas, which the defence had in its possession. He characterised the first as a "prose sonnet" and admitted that the "poetical language" might seem strange to the court but claimed its intent was innocent. Wilde stated that the letters had been obtained by blackmailers who had attempted to extort money from him, but he had refused, suggesting they should take the £60 offered, "unusual for a prose piece of that length". He claimed to regard the letters as works of art rather than as something to be ashamed of.

Carson cross-examined Wilde on how he perceived the moral content of his works. Wilde replied with characteristic wit and flippancy, claiming that works of art are not capable of being moral or immoral but only well or poorly made, and that only "brutes and illiterates," whose views on art "are incalculably stupid", would make such judgements about art. Carson, a leading barrister, diverged from the normal practice of asking closed questions. Carson pressed Wilde on each topic from every angle, squeezing out nuances of meaning from Wilde's answers, removing them from their aesthetic context and portraying Wilde as evasive and decadent. While Wilde won the most laughs from the court, Carson scored the most legal points. To undermine Wilde's credibility, and to justify Queensberry's description of Wilde as a "posing…somdomite", Carson drew from the witness an admission of his capacity for "posing", by demonstrating that he had lied about his age on oath. Playing on this, he returned to the topic throughout his cross-examination.

Carson then moved to the factual evidence and questioned Wilde about his acquaintances with younger, lower-class men. Wilde admitted being on a first-name basis and lavishing gifts upon them, but insisted that nothing untoward had occurred and that the men were merely good friends of his. Carson repeatedly pointed out the unusual nature of these relationships and insinuated that the men were prostitutes. Wilde replied that he did not believe in social barriers, and simply enjoyed the society of young men. Then Carson asked Wilde directly whether he had ever kissed a certain servant boy, Wilde responded, "Oh, dear no. He was a particularly plain boy – unfortunately ugly – I pitied him for it." Carson pressed him on the answer, repeatedly asking why the boy's ugliness was relevant. Wilde hesitated, then for the first time became flustered: "You sting me and insult me and try to unnerve me; and at times one says things flippantly when one ought to speak more seriously."

In his opening speech for the defence, Carson announced that he had located several male prostitutes who were to testify that they had had sex with Wilde. On the advice of his lawyers, Wilde dropped the prosecution. Queensberry was found not guilty, as the court declared that his accusation that Wilde was "posing as a Somdomite" Template:Sic was justified, "true in substance and in fact." Under the Libel Act 1843, Queensberry's acquittal rendered Wilde legally liable for the considerable expenses Queensberry had incurred in his defence, which left Wilde bankrupt.

The Crown vs Wilde

After Wilde left the court, a warrant for his arrest was applied for on charges of sodomy and gross indecency. Robbie Ross found Wilde at the Cadogan Hotel, Knightsbridge with Reginald Turner; both men advised Wilde to go at once to Dover and try to get a boat to France; his mother advised him to stay and fight like a man. Wilde, lapsing into inaction, could only say, "The train has gone. It's too late." Wilde was arrested for "gross indecency" under Section 11 of the Criminal Law Amendment Act 1885, a term meaning homosexual acts not amounting to buggery (an offence under a separate statute). Wilde was then imprisoned on remand at Holloway where he received daily visits from Douglas.


Events moved quickly and his prosecution opened on 26 April 1895. Wilde pleaded not guilty. He had already begged Douglas to leave London for Paris, but Douglas complained bitterly, even wanting to take the stand; however he was pressed to go and soon fled to the Hotel du Monde. Fearing persecution, Ross and many other gentlemen also left the United Kingdom during this time. Under cross examination Wilde was at first hesitant, then spoke eloquently:

Charles Gill (prosecuting): What is "the love that dare not speak its name"?

Wilde: "The love that dare not speak its name" in this century is such a great affection of an elder for a younger man as there was between David and Jonathan, such as Plato made the very basis of his philosophy, and such as you find in the sonnets of Michelangelo and Shakespeare. It is that deep spiritual affection that is as pure as it is perfect. It dictates and pervades great works of art, like those of Shakespeare and Michelangelo, and those two letters of mine, such as they are. It is in this century misunderstood, so much misunderstood that it may be described as "the love that dare not speak its name," and on that account of it I am placed where I am now. It is beautiful, it is fine, it is the noblest form of affection. There is nothing unnatural about it. It is intellectual, and it repeatedly exists between an older and a younger man, when the older man has intellect, and the younger man has all the joy, hope and glamour of life before him. That it should be so, the world does not understand. The world mocks at it, and sometimes puts one in the pillory for it.

This response was, however, counter-productive in a legal sense as it only served to reinforce the charges of homosexual behaviour. The trial ended with the jury unable to reach a verdict. Wilde's counsel, Sir Edward Clarke, was finally able to agree bail. The Reverend Stewart Headlam put up most of the £5,000 bail, having disagreed with Wilde's treatment by the press and the courts. Wilde was freed from Holloway and, shunning attention, went into hiding at the house of Ernest and Ada Leverson, two of his firm friends. Edward Carson approached Frank Lockwood QC, the Solicitor General and asked "Can we not let up on the fellow now?" Lockwood answered that he would like to do so, but feared that the case had become too politicised to be dropped.

The final trial was presided over by Mr Justice Wills. On 25 May 1895 Wilde and Alfred Taylor were convicted of gross indecency and sentenced to two years' hard labour. The judge described the sentence, the maximum allowed, as "totally inadequate for a case such as this," and that the case was "the worst case I have ever tried". Wilde's response "And I? May I say nothing, my Lord?" was drowned out in cries of "Shame" in the courtroom.

See also




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