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Rhetoric in the Three Trials of Oscar Wilde

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Rhetoric in the Three Trials of Oscar Wilde ABSTRACT “THE SECOND BARREL IS NEARLY ALWAYS FATAL”: RHETORIC IN THE THREE TRIALS OF OSCAR WILDE Kurt Neumann, PhD Department of English Northern Illinois University, 2017 William Baker, Co-Director John Schaeffer, Co-Director This dissertation examines the rhetoric of Oscar Wilde’s three trials (one libel trial and two criminal trials) that eventually led to his conviction for gross indecency under Section 11 of the Criminal Law Amendment Act 1885 and his subsequent imprisonment for two years hard labor. This study considers Wilde’s trials as examples of legal proceedings that through their popularity resonated with a particular public consciousness at the end of the nineteenth century and whose resonance is still felt today. While book-length studies of the cultural and social history of Wilde’s trials have been available for several decades, and shorter studies of the libel trial have been published more recently, no such study of the rhetoric of the three trials has yet appeared. Accordingly, the present study is an attempt to fill in some gaps in the scholarship on Wilde’s trials, namely, close readings of the legal arguments made in the trials and descriptive analyses of the rhetoric of those arguments. My purpose is to examine the rhetoric of all three trials, specifically legal rhetoric, addressed to the three primary audiences of the proceedings: the judges, the juries, and the audiences inside the courtroom. My analysis seeks responses to the following questions: Most generally, in what ways can the principles of classical rhetoric (and its contemporary manifestations) be used to understand the formation and maintenance of the law? What can a rhetorical analysis of the trials tell us about the relationship between law and society in the latter third of the nineteenth century? What can a close analysis of the rhetoric of the trials tell us about the nature of the legal discourse in the period, including the ethos of both legal and cultural authority, and the argumentative strategies and rhetorical techniques they valued? What particular crisis moments (kairos) are apparent in and addressed through the rhetorical appeals in the trials? To what extent did the participants (litigants, counsels, judges, and general public) apprehend those crisis moments and tailor their rhetorical strategies to address them? How are those specifically legal moments indicative of a more socially systematic kairos in the 1890s, the working out of which was accomplished through the means of the trials? And what can such an analysis add to our historical characterizations of Oscar Wilde, the prosecution and defense attorneys, the judges, and the witnesses as representative audiences in late-nineteenth-century British society? This approach will not recapitulate general views of the trials—indeed, at times it will critique these views—nor will it address more broadly cultural issues such as “structural oppositions between ‘heterosexual’ and ‘homosexual’” at the end of the century, or why Oscar Wilde embodied something threatening and outrageous to late-Victorian society. Instead, I would like to use some major concepts of classical and contemporary rhetorical analysis to compare differing versions of significant aspects of the trials, such as opening and closing arguments, witness testimony, and witness examination, to elucidate features of legal discourse at the end of the nineteenth century, and to explore in the context of one of the most sensationalized trials of the late nineteenth century the nature and scope of the persuasiveness of popular trials. In so doing, this study will argue that the rhetoricity of legal arguments reveals a tension between the purported fixity and certainty of the law and contingencies (individual trials such as Wilde’s) that at once confirm and reinforce the law as well as question and subvert the law. The most significant aspect of this tension, in turn, is that it results in a crucial, productive oscillation between the law as a foundational, normative concept in democratic societies and rhetoric as the means by which that foundation is established, critiqued, and modified. Put differently, Wilde’s trials offer a glimpse into the unsettling awareness that the law is rhetorically constructed and provisional, in contrast to an institution that is presented and venerated as a bedrock of society. NORTHERN ILLINOIS UNIVERSITY DEKALB, ILLINOIS DECEMBER 2017 “THE SECOND BARREL IS NEARLY ALWAYS FATAL”: RHETORIC IN THE THREE TRIALS OF OSCAR WILDE BY KURT NEUMANN ©2016 Kurt Neumann A DISSERTATION SUBMITTED TO THE GRADUATE SCHOOL IN PARTIAL FULFILLMENT OF THE REQUIREMENTS FOR THE DEGREE DOCTOR OF PHILOSOPHY DEPARTMENT OF ENGLISH Doctoral Co-Directors: William Baker John Schaeffer ACKNOWLEDGEMENTS My great thanks to the members of my dissertation committee, Dr. William Baker, Dr. John Schaeffer, and Dr. Brian May, for their critical insights, their thoughtful suggestions, their diligent editing, and their supernatural patience. I would also like to thank Dr. Philip Eubanks and Dr. Mark Van Wienen, each of whom was Director of Graduate Studies in English at NIU while I was completing my dissertation and who helped immensely with all of the administrative difficulties I caused. My thanks to the representatives of the English Department who recommended me for and approved a Dissertation Grant to continue this work. I also owe much gratitude to the dean of the Graduate School at NIU, who kept the door open for many years while I finished my dissertation. Above all, thanks to my beloved, Dr. Seema Kurup. DEDICATION This dissertation is dedicated to my parents, Richard Gustav Neumann and Mary Lou Neumann (nee Cartwright); to my siblings, Sue Ellen, Cindy, and Douglas; and to my children, Lisel Ariel Neumann and Christian Cartwright Neumann. TABLE OF CONTENTS Chapter Page 1. INTRODUCTION ...................................................................................................................... 1 2. NORMATIVE LAW, THE RHETORIC OF VALUES, AND OSCAR WILDE’S TRIALS . 10 Rhetoric and the Construction of Normative Law .................................................................... 11 Law as a Rhetoric of Values ..................................................................................................... 17 What Makes a Trial Popular? ................................................................................................... 18 Legal Argument as a Dialectic of Contention and Consensus .................................................. 23 Kairos and Law ......................................................................................................................... 25 3. THE LIBEL TRIAL: REGINA (ON THE PROSECUTION OF OSCAR WILDE) V. JOHN DOUGLAS (MARQUESS OF QUEENSBERRY), 03-05 APRIL 1895 .................................... 29 Introduction ............................................................................................................................... 30 The Rhetoric of the Libel Trial, 03-05 April 1895 ................................................................... 41 Opening Statement for the Prosecution: Wednesday, 03 April 1895 ....................................... 46 Testimony for the Prosecution, 03 April 1895, Examination and Cross-Examination ............ 57 4. THE FIRST CRIMINAL TRIAL: REGINA V. OSCAR WILDE AND ALFRED TAYLOR, 26 APRIL-01 MAY, 1895 ............................................................................................................. 68 Introduction ............................................................................................................................... 68 Kairos and Counselors .............................................................................................................. 69 ii Chapter Page Kairos and Critics: Law as Literature ....................................................................................... 80 Rhetorical Analysis of the First Criminal Trial ........................................................................ 84 5. THE SECOND CRIMINAL TRIAL: REGINA V. OSCAR WILDE AND ALFRED TAYLOR, 21-25 MAY 1895 ................................................................................................................... 106 Introduction ............................................................................................................................. 106 Who and What Were on Trial? ............................................................................................... 110 From the First to the Second Criminal Trial ........................................................................... 112 The Second Criminal Trial: Rhetorical Background and Contexts ........................................ 116 The Second Criminal Trial of Taylor and Wilde .................................................................... 123 Preparing Rhetorical Ground: Alfred Taylor’s Trial .............................................................. 128 Wilde’s Second Criminal Trial ............................................................................................... 133 6. CONCLUSION ....................................................................................................................... 149 BIBLIOGRAPHY ....................................................................................................................... 152 CHAPTER 1 INTRODUCTION In his introduction to the collection of essays entitled Popular Trials: Rhetoric, Mass Media, and the Law, Robert Hariman
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