Oscar Wilde, His Life and Confessions — Volume 1

by Frank Harris

The Marquis of Queensberry left the dock amid renewed cheering, which was taken up again and again in the street.

CHAPTER XIV—HOW GENIUS IS PERSECUTED IN ENGLAND

The English are very proud of their sense of justice, proud too of their Roman law and the practice of the Courts in which they have incorporated it. They boast of their fair play in all things as the French boast of their lightness, and if you question it, you lose caste with them, as one prejudiced or ignorant or both. English justice cannot be bought, they say, and if it is dear, excessively dear even, they rather like to feel they have paid a long price for a good article. Yet it may be that here, as in other things, they take outward propriety and decorum for the inward and ineffable grace. That a judge should be incorruptible is not so important as that he should be wise and humane.

English journalists and barristers were very much amused at the conduct of the Dreyfus case; yet, when Dreyfus was being tried for the second time in France, two or three instances of similar injustice in England were set forth with circumstance in one of the London newspapers, but no one paid any effective attention to them. If Dreyfus had been convicted in England, it is probable that no voice would ever have been raised in his favour; it is absolutely certain that there would never have been a second trial. A keen sense of abstract justice is only to be found in conjunction with a rich fount of imaginative sympathy. The English are too self-absorbed to take much interest in their neighbours' affairs, too busy to care for abstract questions of right or wrong.

Before the trial of Oscar Wilde I still believed that in a criminal case rough justice would be done in England. The bias of an English judge, I said to myself, is always in favour of the accused. It is an honourable tradition of English procedure that even the Treasury barristers should state rather less than they can prove against the unfortunate person who is being attacked by all the power and authority of the State. I was soon forced to see that these honourable and praiseworthy conventions were as withes of straw in the fire of English prejudice. The first thing to set me doubting was that the judge did not try to check the cheering in Court after the verdict in favour of Lord Queensberry. English judges always resent and resist such popular outbursts: why not in this case? After all, no judge could think Queensberry a hero: he was too well known for that, and yet the cheering swelled again and again, and the judge gathered up his papers without a word and went his way as if he were deaf. A dreadful apprehension crept over me: in spite of myself I began to realise that my belief in English justice might be altogether mistaken. It was to me as if the solid earth had become a quaking bog, or indeed as if a child had suddenly discovered its parent to be shameless. The subsequent trials are among the most painful experiences of my life. I shall try to set down all the incidents fairly.

One peculiarity had first struck me in the conduct of the case between Oscar Wilde and Lord Queensberry that did not seem to occur to any of the numberless journalists and writers who commented on the trial. It was apparent from his letter to his son (which I published in a previous chapter), and from the fact that he called at Oscar Wilde's house that Lord Queensberry at the beginning did not believe in the truth of his accusations; he set them forth as a violent man sets forth hearsay and suspicion, knowing that as a father he could do this with impunity, and accordingly at first he pleaded privilege. Some time between the beginning of the prosecution and the trial, he obtained an immense amount of unexpected evidence. He then justified his libel and gave the names of the persons whom he intended to call to prove his case. Where did he get this new knowledge?

I have spoken again and again in the course of this narrative of Oscar's enemies, asserting that the English middle-class as puritans detested his attitude and way of life, and if some fanatic or representative of the nonconformist conscience had hunted up evidence against Wilde and brought him to ruin there would have been nothing extraordinary in a vengeance which might have been regarded as a duty. Strange to say the effective hatred of Oscar Wilde was shown by a man of the upper class who was anything but a puritan. It was Mr. Charles Brookfield, I believe, who constituted himself private prosecutor in this case and raked Piccadilly to find witnesses against Oscar Wilde. Mr. Brookfield was afterwards appointed Censor of Plays on the strength apparently of having himself written one of the "riskiest" plays of the period. As I do not know Mr. Brookfield, I will not judge him. But his appointment always seemed to me, even before I knew that he had acted against Wilde, curiously characteristic of English life and of the casual, contemptuous way Englishmen of the governing class regard letters. In the same spirit Lord Salisbury as Prime Minister made a journalist Poet Laureate simply because he had puffed him for years in the columns of "The Standard." Lord Salisbury probably neither knew nor cared that Alfred Austin had never written a line that could live. One thing Mr. Brookfield's witnesses established: every offence alleged against Oscar Wilde dated from 1892 or later—after his first meeting with Lord Alfred Douglas.

But at the time all such matters were lost for me in the questions: would the authorities arrest Oscar? or would they allow him to escape? Had the police asked for a warrant? Knowing English custom and the desire of Englishmen to pass in silence over all unpleasant sexual matters, I thought he would be given the hint to go abroad and allowed to escape. That is the ordinary, the usual English procedure. Everyone knows the case of a certain lord, notorious for similar practices, who was warned by the police that a warrant had been issued against him: taking the hint he has lived for many years past in leisured ease as an honoured guest in Florence. Nor is it only aristocrats who are so favoured by English justice: everyone can remember the case of a Canon of Westminster who was similarly warned and also escaped. We can come down the social scale to the very bottom and find the same practice. A certain journalist unwittingly offended a great personage. Immediately he was warned by the police that a warrant issued against him in India seventeen years before would at once be acted upon if he did not make himself scarce. For some time he lived in peaceful retirement in Belgium. Moreover, in all these cases the warrants had been issued on the sworn complaints of the parties damnified or of their parents and guardians: no one had complained of Oscar Wilde. Naturally I thought the dislike of publicity which dictated such lenience to the lord and the canon and the journalist would be even more operative in the case of a man of genius like Oscar Wilde. In certain ways he had a greater position than even the son of a duke: the shocking details of his trial would have an appalling, a world-wide publicity.

Besides, I said to myself, the governing class in England is steeped in aristocratic prejudice, and particularly when threatened by democratic innovations, all superiorities, whether of birth or wealth, or talent, are conscious of the same "raison d'etre" and have the same self-interest. The lord, the millionaire and the genius have all the same reason for standing up for each other, and this reason is usually effective. Everyone knows that in England the law is emphatically a respecter of persons. It is not there to promote equality, much less is it the defender of the helpless, the weak and the poor; it is a rampart for the aristocracy and the rich, a whip in the hands of the strong. It is always used to increase the effect of natural and inherited inequality, and it is not directed by a high feeling of justice; but perverted by aristocratic prejudice and snobbishness; it is not higher than democratic equality, but lower and more sordid.

The case was just a case where an aristocratic society could and should have shown its superiority over a democratic society with its rough rule of equality. For equality is only half-way on the road to justice. More than once the House of Commons has recognised this fundamental truth; it condemned Clive but added that he had rendered "great and distinguished services to his country"; and no one thought of punishing him for his crimes.