6 the Importance of Being Honest
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6 The Importance of Being Honest Steven Lubet ONG BEFORE BILL CLINTON ever form of affection. There is nothing un- lied about sex, another out-sized natural about it. It is intellectual, and it personality made the same mistake repeatedly exists between an elder and a on the witness stand, attempting to fool the younger man, when the elder man has Lcourt, the public, and his own attorney about intellect, and the younger man has all the joy, hope and glamour of life before him. his illicit liaisons. In 895, Oscar Wilde was That it should be so the world does not perhaps the most celebrated literary figure in understand. The world mocks at it and England. A famed poet, playwright, novelist, sometimes puts one in the pillory for it. and belle lettrist, he led an aesthetic revolu- tion against the stifling proprieties of the Sodomy, however, was illegal and officially Victorian era, championing a new freedom despised in nineteenth century England (al- in artistic expression. though evidently much practiced in the upper Wilde was also a lover of young men. To- class “public schools”). So Wilde flouted more day we would call him a homosexual or bi- than aesthetic conventions when he involved sexual (he was married, with two sons), al- himself in poorly concealed affairs with oth- though neither term was current in the 890s. er men, most notably (and disastrously) the In Wilde’s own view, he engaged in the young Lord Alfred Douglas, nearly 6 years his junior, whom everyone called Bosie. … great affection of an elder for a younger Unfortunately for Wilde, Bosie’s father man as there was between David and was John Sholto Douglas, the Marquess of Jonathan, such as Plato made the very basis of his philosophy, and such as you Queensberry and the author of boxing’s Mar- find in the sonnets of Michelangelo and quess of Queensberry rules. Queensberry Shakespeare. It is that deep, spiritual af- was a bully and a tyrant – so much so that his fection that is as pure as it is perfect. … wife divorced him, a nearly unheard-of event It is beautiful, it is fine, it is the noblest in Victorian England – who became enraged Steven Lubet is a professor of law at Northwestern University. All quotes from the trial record are taken from The Real Trial of Oscar Wilde (Fourth Estate 2003), edited by Merlin Holland, who is Wilde’s grandson. Steven Lubet when they were inevitably caught in the act. They even look somewhat alike, graceful and leonine in their better moments. Each man was relentlessly stalked by his own Javert, and, most importantly, each thought he could outfox his adversaries in court, and did not bother to inform his law- yers of his intended deceptions. At least Bill Clinton had an excuse. As the defendant, he was an involuntary participant in the Paula Jones case, which he considered part of a politically motivated vendetta. His affair with Monica Lewinsky was not even remotely related to Jones’s complaint; indeed, Judge Wright later ruled it immaterial. While there is no justification for lying under oath, it is possible to sympathize with Clinton’s rationalization that he needed to conceal his infidelity in order to preserve his marriage Oscar Wilde (left) and Lord Alfred Douglas. and protect his family. at the thought of his son embracing the effete Wilde, on the other hand, initially came Wilde. He began hounding and threatening into court as a plaintiff, bringing a false the pair, attempting to intimidate them into charge of criminal libel against Queens- breaking off their relationship. Eventually, berry, and knowing that he would have to the hostilities brought them into court, where lie to sustain his case. Wilde’s motivation Oscar Wilde’s conduct proved even more self- must have seemed compelling to him at the destructive than Bill Clinton’s. time, but it has baffled historians and biog- To my knowledge, no one has ever before raphers for over a century. Only recently has compared Bill Clinton to Oscar Wilde – one the complete transcript of Wilde’s first trial a politician and the other an artist – although been published, edited by his grandson Mer- their similarities are in some ways striking. lin Holland, allowing us to draw a few new Both were youthful prodigies, although Clin- insights into Wilde’s self-inflicted ruin. ton has survived well into middle age, as Wil- Queensberry’s pursuit of Oscar and Bosie de did not. Both men were Oxford-educated eventually became nearly intolerable. He fol- outsiders – an Arkansan in Washington and lowed them to clubs and restaurants, and an Irishman in London – who challenged even accosted Wilde in his own home with the established order. Both dominated their an accusation of sodomy: “You look it and eras by force of personality, overshadowing you pose it, which is just as bad.” The scarlet their more pallid contemporaries even as Marquess (as Wilde called him) threatened they were denounced as corrupt and deca- to thrash the poet if he ever again saw him in dent by cultural conservatives. As we know, public with his son. Wilde’s reply was utterly both men heedlessly indulged their large pri- in character: witty, provocative, and seem- apic appetites, assuming that they could rely ingly calculated to make matters worse: “I on charm and wit to disentangle themselves do not know what the Marquess of Queens- 164 8 G REEN B AG 2 D 163 The Importance of Being Honest berry rules are, but the Oscar Wilde rule is to shoot on sight.” Things came to a head in February 895. Wilde’s new play, The Importance of Being Earnest, was premiering at the St. James Theater in London’s West End. Queensberry planned to disrupt the opening performance by haranguing about Wilde’s misdeeds. For- tunately, the theater manager was alerted ahead of time and arranged for a police guard to keep Queensberry (who was accompanied by a pugilist) out of the building. Foiled for the moment, Queensberry left behind a “gro- tesque bouquet of vegetables” that he had evidently intended to throw at the stage. A few days later, on February 8, Queens- berry showed up at the Albemarle Club, John Sholto Douglas, where Wilde was a member. Angrily scrib- Marquess of Queensberry. bling something on his card, Queensberry handed it to the club porter, with an instruc- With that assurance, Humphreys es- tion to deliver the message to Wilde. “For Os- corted Wilde to the magistrate’s court, where car Wilde,” it read, “posing somdomite [sic].” they applied for a warrant for criminal libel, This was a challenge that Wilde felt he accusing Queensberry of making a “false could not ignore. “Bosie’s father has left a scandalous malicious and derogatory [sic]” card at my club with hideous words on it,” statement about Wilde, the “tenor and effect” Wilde wrote to a friend. “I don’t see anything of which was that “Oscar Fingal O’fflahertie now but a criminal prosecution.” Queensber- Wills Wilde had committed and was in the ry had invaded Wilde’s sanctuary, which was habit of committing the abominable crime of evidently a signal that he would stop at noth- buggery with mankind.” ing. Wilde believed that his only recourse was Queensberry was arrested the next day, to the law and Bosie agreed, anxious to strike and the case was set for hearing. Queensber- back at his abusive and intimidating father. ry retained as his counsel a rising young bar- Wilde’s other friends, including Frank Har- rister named Edward Carson, who had been ris (then editor of the Saturday Review and Wilde’s classmate at Trinity College, Dublin. later publisher of Vanity Fair) and George It would prove to be an excellent choice, and Bernard Shaw, attempted to discourage him, Wilde expressed his sardonic dismay upon but he would not be deterred. He engaged learning that Carson would cross examine a solicitor, Charles Humphreys, to draw up him: “No doubt he will perform his task a charge of criminal libel. A cautious lawyer, with the added bitterness of an old friend.” Humphreys asked Wilde “on his solemn oath” Carson immediately showed that friend- whether there was any truth to the charge of ship would have no part in the case. He sodomy. Wilde assured him there was not. prepared a plea of “justification” on Queens- “If you are innocent,” replied Humphreys, berry’s behalf, asserting that the statement “you should succeed.” was true and, as was then required by Brit- Ar ti cl e s Winter 2005 165 Steven Lubet ish libel law, that it had been made “for the tioning his client: “I can only accept this public benefit and interest.” To support this brief, Mr. Wilde, if you can assure me on claim, Carson stated that “Wilde was a man your honour as an English gentleman that of letters and a dramatist of prominence and there is not and never has been any founda- notoriety and a person who exercised consid- tion for the charges that are made against erable influence over young men,” but whose you.” Wilde did not point out that he was, published works “were calculated to subvert in fact, an Irishman, but he did proceed to morality and to encourage unnatural vice.” declare – falsely – that the charges were “ab- Wilde no doubt embraced the opportu- solutely false and groundless.” nity to defend his writings against charges On the strength of that deception, Clarke of immorality, but Queensberry’s plea con- accepted the case and proceeded to trial.