Chapter 15 - THE QUEEN VS WILDE: FIRST TRIAL

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As soon as I heard that Oscar Wilde was arrested and bail refused, I tried to get permission to visit him in Holloway. I was told I should have to see him in a kind of barred cage; and talk to him from the distance of at least a yard. It seemed to me too painful for both of us, so I went to the higher authorities and got permission to see him in a private room. The Governor met me at the entrance of the prison: to my surprise he was more than courteous; charmingly kind and sympathetic.

"We all hope," he said, "that he will soon be free; this is no place for him. Everyone likes him, everyone. It is a great pity."

He evidently felt much more than he said, and my heart went out to him. He left me in a bare room furnished with a small square deal table and two kitchen chairs. In a moment or two Oscar came in accompanied by a warder. In silence we clasped hands. He looked miserably anxious and pulled down and I felt that I had nothing to do but cheer him up.

"I am glad to see you," I cried. "I hope the warders are kind to you?"

"Yes, Frank," he replied in a hopeless way, "but everyone else is against me: it is hard."

"Don't harbour that thought," I answered; "many whom you don't know, and whom you will never know, are on your side. Stand for them and for the myriads who are coming afterwards and make a fight of it."

"I'm afraid I'm not a fighter, Frank, as you once said," he replied sadly, "and they won't give me bail. How can I get evidence or think in this place of torture? Fancy refusing me bail," he went on, "though I stayed in London when I might have gone abroad."

"You should have gone," I cried in French, hot with indignation; "why didn't you go, the moment you came out of the court?"

"I couldn't think at first," he answered in the same tongue; "I couldn't think at all: I was numbed."

"Your friends should have thought of it," I insisted, not knowing then that they had done their best.

At this moment the warder, who had turned away towards the door, came back.

"You are not allowed, sir, to talk in a foreign language," he said quietly. "You will understand we have to obey the rules. Besides, the prisoner must not speak of this prison as a place of torture. I ought to report that; I'm sorry."

The misery of it all brought tears to my eyes: his gaolers even felt sorry for him. I thanked the warder and turned again to Oscar.

"Don't let yourself fear at all," I exclaimed. "You will have your chance again and must take it; only don't lose heart and don't be witty next time in court. The jury hate it. They regard it as intellectual superiority and impudence. Treat all things seriously and with grave dignity. Defend yourself as David would have defended his love for Jonathan. Make them all listen to you. I would undertake to get free with half your talent even if I were guilty; a resolution not to be beaten is always half the battle. . . . Make your trial memorable from your entrance into the court to the decision of the jury. Use every opportunity and give your real character a chance to fight for you."

I spoke with tears in my eyes and rage in my heart.

"I will do my best, Frank," he said despondingly, "I will do my best. If I were out of this place, I might think of something, but it is dreadful to be here. One has to go to bed by daylight and the nights are interminable."

"Haven't you a watch?" I cried.

"They don't allow you to have a watch in prison," he replied.

"But why not?" I asked in amazement. I did not know that every rule in an English prison is cunningly devised to annoy and degrade the unfortunate prisoner.

Oscar lifted his hands hopelessly:

"One may not smoke; not even a cigarette; and so I cannot sleep. All the past comes back; the golden hours; the June days in London with the sunshine dappling the grass and the silken rustling of the wind in the trees. Do you remember Wordsworth speaks 'of the wind in the trees'? How I wish I could hear it now, breathe it once again. I might get strength then to fight."

"Is the food good?" I asked.

"It's all right; I get it from outside. The food doesn't matter. It is the smoking I miss, the freedom, the companionship. My mind will not act when I'm alone. I can only think of what has been and torment myself. Already I've been punished enough for the sins of a lifetime."

"Is there nothing I can do for you, nothing you want?" I asked.

"No, Frank," he answered, "it was kind of you to come to see me, I wish I could tell you how kind."

"Don't think of it," I said; "if I'm any good send for me at any moment: a word will bring me. They allow you books, don't they?"

"Yes, Frank."

"I wish you would get the 'Apologia of Plato'," I said, "and take a big draught of that deathless smiling courage of Socrates."

"Ah, Frank, how much more humane were the Greeks. They let his friends see him and talk to him by the hour, though he was condemned to death. There were no warders there to listen, no degrading conditions."

"Quite true," I cried, suddenly realising how much better Oscar Wilde would have been treated in Athens two thousand years ago. "Our progress is mainly change; we don't shed our cruelty; even Christ has not been able to humanise us."

He nodded his head. At first he seemed greatly distressed; but I managed to encourage him a little, for at the close of the talk he questioned me:

"Do you really think I may win, Frank?"

"Of course you'll win," I replied. "You must win: you must not think of being beaten. Take it that they will not want to convict you. Say it to yourself in the court; don't let yourself fear for a moment. Your enemies are merely stupid, unhappy creatures crawling about for a few miserable years between earth and sun; fated to die and leave no trace, no memory. Remember you are fighting for all of us, for every artist and thinker who is to be born into the English world. . . . It is better to win like Galileo than to be burnt like Giordano Bruno. Don't let them make another martyr. Use all your brains and eloquence and charm. Don't be afraid. They will not condemn you if they know you."

"I have been trying to think," he said, "trying to make up my mind to bear one whole year of this life. It's dreadful, Frank, I had no idea that prison was so dreadful."

The warder again drew down his brows. I hastened to change the subject.

"That's why you must resolve not to have any more of it," I said; "I wish I had seen you when you came out of court, but I really thought you didn't want me; you turned away from me."

"Oh, Frank, how could I?" he cried. "I should have been so grateful to you."

"I'm very shortsighted," I rejoined, "and I thought you did. It is our foolish little vanities which prevent us acting as we should. But let me know if I can do anything for you. If you want me, I'll come at any moment."

I said this because the warder had already given me a sign; he now said:

"Time is up."

Once again we clasped hands.

"You must win," I said; "don't think of defeat. Even your enemies are human. Convert them. You can do it, believe me," and I went with dread in my heart, and pity and indignation.

Be still, be still, my soul; it is but for a season:

Let us endure an hour and see injustice done.

The Governor met me almost at the door.

"It is terrible," I exclaimed.

"This is no place for him," he answered. He has nothing to do with us here. Everyone likes him and pities him: the warders, everyone. Anything I can do to make his stay tolerable shall be done."

We shook hands. I think there were tears in both our eyes as we parted. This humane Governor had taught me that Oscar's gentleness and kindness — his sweetness of nature — would win all hearts if it had time to make itself known. Yet there he was in prison. His face and figure came before me again and again: the unshaven face; the frightened, sad air; the hopeless, toneless voice. The cleanliness even of the bare hard room was ugly; the English are foolish enough to degrade those they punish. Revolt was blazing in me.

As I went away I looked up at the mediæval castellated gateway of the place, and thought how perfectly the architecture suited the spirit of the institution. The whole thing belongs to the middle ages, and not to our modern life. Fancy having both prison and hospital side by side; indeed a hospital even in the prison; torture and lovingkindness; punishment and pity under the same roof. What a blank contradiction and stupidity. Will civilisation never reach humane ideals? Will men always punish most severely the sins they do not understand and which hold for them no temptation? Did Jesus suffer in vain?

* * * * *

Oscar Wilde was committed on the 19th of April; a "true bill" was found against him by the grand jury on the 24th; and, as the case was put down for trial at the Old Bailey almost immediately, a postponement was asked for till the May sessions, on the ground first that the defence had not had time to prepare their case and further, that in the state of popular feeling at the moment, Mr. Wilde would not get a fair and impartial trial. Mr. Justice Charles, who was to try the case, heard the application and refused it peremptorily: "Any suggestion that the defendant would not have a fair trial was groundless," he declared; yet he knew better. In his summing up of the case on May 1st he stated that "for weeks it had been impossible to open a newspaper without reading some reference to the case," and when he asked the jury not to allow "preconceived opinions to weigh with them" he was admitting the truth that every newspaper reference was charged with dislike and contempt of Oscar Wilde. A fair trial indeed!

The trial took place at the Old Bailey, three days later, April 27th, 1895, before Mr. Justice Charles. Mr. C.F. Gill and A. Gill with Mr. Horace Avory appeared for the Public Prosecutor. Mr. Wilde was again defended by Sir Edward Clarke, Mr. Charles Mathews and Mr. Travers Humphreys, while Mr. J.P. Grain and Mr. Paul Taylor were counsel for the other prisoner. The trial began on a Saturday and the whole of the day was taken up with a legal argument. I am not going to give the details of the case. I shall only note the chief features of it and the unfairness which characterised it.

Sir Edward Clarke pointed out that there was one set of charges under the Criminal Law Amendment Act and another set of charges of conspiracy. He urged that the charges of conspiracy should be dropped. Under the counts alleging conspiracy, the defendants could not be called on as witnesses, which put the defence at a disadvantage. In the end the Judge decided that there were inconveniences; but he would not accede to Sir Edward Clarke's request. Later in the trial, however, Mr. Gill himself withdrew the charges of conspiracy, and the Judge admitted explicitly in his summing up that, if he had known the evidence which was to be offered, he would not have allowed these charges of conspiracy to be made. By this confession he apparently cleared his conscience just as Pilate washed his hands. But the wrong had already been done. Not only did this charge of conspiracy embarrass the defence, but if it had never been made, as it should never have been made, then Sir Edward Clarke would have insisted and could have insisted properly that the two men should be tried separately, and Wilde would not have been discredited by being coupled with Taylor, whose character was notorious and who had already been in the hands of the police on a similar charge.

This was not the only instance of unfairness in the conduct of the prosecution. The Treasury put a youth called Atkins in the box, thus declaring him to be at least a credible witness; but Atkins was proved by Sir Edward Clarke to have perjured himself in the court in the most barefaced way. In fact the Treasury witnesses against Wilde were all blackmailers and people of the lowest character, with two exceptions. The exceptions were a boy named Mavor and a youth named Shelley. With regard to Mavor the judge admitted that no evidence had been offered that he could place before the jury; but in his summing up he was greatly affected by the evidence of Shelley. Shelley was a young man who seemed to be afflicted with a species of religious mania. Mr. Justice Charles gave great weight to his testimony. He invited the jury to say that "although there was, in his correspondence which had been read, evidence of excitability, to talk of him as a young man who did not know what he was saying was to exaggerate the effect of his letters." He went on to ask with much solemnity: "Why should this young man have invented a tale, which must have been unpleasant to him to present from the witness box?"

In the later trial before Mr. Justice Wills the Judge had to rule out the evidence of Shelley in toto, because it was wholly without corroboration. If the case before Mr. Justice Charles had not been confused with the charges of conspiracy, there is no doubt that he too would have ruled out the evidence of Shelley, and then his summing up must have been entirely in favour of Wilde.

The singular malevolence of the prosecution also can be estimated by their use of the so-called "literary argument." Wilde had written in a magazine called The Chameleon. The Chameleon contained an immoral story, with which Wilde had nothing to do, and which he had repudiated as offensive. Yet the prosecution tried to make him responsible in some way for the immorality of a writing which he knew nothing about.

Wilde had said two poems of Lord Alfred Douglas were "beautiful." The prosecution declared that these poems were in essence a defence of the vilest immorality, but is it not possible for the most passionate poem, even the most vicious, to be "beautiful"? Nothing was ever written more passionate than one of the poems of Sappho. Yet a fragment has been selected out and preserved by the admiration of a hundred generations of men. The prosecution was in the position all the time of one who declared that a man who praised a nude picture must necessarily be immoral. Such a contention would be inconceivable in any other civilised country. Even the Judge was on much the same intellectual level. It would not be fair, he admitted, to condemn a poet or dramatic writer by his works and he went on:

"It is unfortunately true that while some of our greatest writers have passed long years in writing nothing but the most wholesome literature — literature of the highest genius, and which anybody can read, such as the literature of Sir Walter Scott and Charles Dickens; it is also true that there were other great writers, more especially in the eighteenth century, perfectly noble-minded men themselves, who somehow or other have permitted themselves to pen volumes which it is painful for persons of ordinary modesty and decency to read."

It would have been more honest and more liberal to have brushed away the nonsensical indictment in a sentence. Would the Treasury have put Shakespeare on trial for "Hamlet" or "Lear," or would they have condemned the writer of "The Song of Solomon" for immorality, or sent St. Paul to prison for his "Epistle to the Corinthians"?

Middle-class prejudice and hypocritic canting twaddle from Judge and advocate dragged their weary length along for days and days. On Wednesday Sir Edward Clarke made his speech for the defence. He pointed out the unfairness of the charges of conspiracy which had tardily been withdrawn. He went on to say that the most remarkable characteristic of the case was the fact that it had been the occasion for conduct on the part of certain sections of the press which was disgraceful, and which imperilled the administration of justice, and was in the highest degree injurious to the client for whom he was pleading. Nothing, he concluded, could be more unfair than the way Mr. Wilde had been criticised in the press for weeks and weeks. But no judge interfered on his behalf.

Sir Edward Clarke evidently thought that to prove unfairness would not even influence the minds of the London jury. He was content to repudiate the attempt to judge Mr. Wilde by his books or by an article which he had condemned, or by poems which he had not written. He laid stress on the fact that Mr. Wilde had himself brought the charge against Lord Queensberry which had provoked the whole investigation: "on March 30th, Mr. Wilde," he said, "knew the catalogue of accusations"; and he asked: did the jury believe that, if he had been guilty, he would have stayed in England and brought about the first trial? Insane would hardly be the word for such conduct, if Mr. Wilde really had been guilty. Moreover, before even hearing the specific accusations, Mr. Wilde had gone into the witness box to deny them.

Clarke's speech was a good one, but nothing out of the common: no new arguments were used in it; not one striking illustration. Needless to say the higher advocacy of sympathy was conspicuous by its absence.

Again, the interesting part of the trial was the cross-examination of Oscar Wilde.

Mr. Gill examined him at length on the two poems which Lord Alfred Douglas had contributed to The Chameleon, which Mr. Wilde had called "beautiful." The first was in "Praise of Shame," the second was one called "Two Loves." Sir Edward Clarke, interposing, said:

"That's not Mr. Wilde's, Mr. Gill."

Mr. Gill: "I am not aware that I said it was."

Sir Edward Clarke: "I thought you would be glad to say it was not."

Mr. Gill insisted that Mr. Wilde should explain the poem in "Praise of Shame."

Mr. Wilde said that the first poem seemed obscure, but, when pressed as to the "love" described in the second poem, he let himself go for the first time and perhaps the only time during the trial; he said:

"The 'love' that dare not speak its name in this century is such a great affection of an older for a younger man as there was between David and Jonathan, such as Plato made the very base of his philosophy and such as you find in the sonnets of Michaelangelo and Shakespeare — a deep spiritual affection that is as pure as it is perfect, and dictates great works of art like those of Shakespeare and Michaelangelo and those two letters of mine, such as they are, and which is in this century misunderstood — so misunderstood that, on account of it, I am placed where I am now. It is beautiful; it is fine; it is the noblest form of affection. It is intellectual, and it repeatedly exists between an elder and younger man, when the elder man has intellect, and the younger man has all the joy, hope and glamour of life. That it should be so the world does not understand. It mocks at it and sometimes puts one into the pillory for it."

At this stage there was loud applause in the gallery of the court, and the learned Judge at once said: "I shall have the Court cleared if there is the slightest manifestation of feeling. There must be complete silence preserved."

Mr. Justice Charles repressed the cheering in favour of Mr. Oscar Wilde with great severity, though Mr. Justice Collins did not attempt to restrain the cheering which filled his court and accompanied the dispersing crowd into the street on the acquittal of Lord Queensberry.

In spite, however, of the unfair criticisms of the press; in spite of the unfair conduct of the prosecution, and in spite of the manifest prejudice and Philistine ignorance of the Judge, the jury disagreed.

Then followed the most dramatic incident of the whole trial. Once more Sir Edward Clarke applied

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