The Life of the Rt. Hon. Sir Charles W. Dilke, Volume 2Gwynn, Stephen Lucius
History
The Life of the Rt. Hon. Sir Charles W. Dilke, Volume 2
Gwynn, Stephen Lucius
Dilke, Charles Wentworth, Sir, 1843-1911; Great Britain -- Politics and government -- 19th century
How this negative was to be proved in any circumstances it is difficult
to see, and under the conditions Sir Charles had no chance to attack the
accusation brought against him.
Sir Charles's own comment in his Diary of the time was:
'_July 16th_--My case tried again. I not a party, and--though really
tried by a kind of Star Chamber--not represented, not allowed to
cross-examine, not allowed to call witnesses; and under such
circumstances the trial could have but one result, which was that
the jury, directed to decide if they were in doubt that the Queen's
Proctor had not established his case, would take that negative
course. The trial lasted from Friday, 16th, to Friday, 23rd,
inclusive, and the jury decided, as they could not have helped
deciding, and as I should have decided had I been one of them.'
The situation may be thus summed up:
In the first trial the petitioner failed to produce any legal evidence
whatever of the guilt of Sir Charles Dilke; in the second the Queen's
Proctor failed to prove his innocence. [Footnote: Technically the
verdict, by dismissing the Queen's Proctor's intervention, confirmed the
original judgment, which dismissed Sir Charles from the case.]
The verdict of the jury at the second trial was not a verdict of Guilty
against Sir Charles; it was a declaration that his innocence was not
proven, the question put to the Jury by the clerk after their return
into Court following the words of the Act of Parliament, and being
whether the decree nisi for the dissolution of the marriage of the
petitioner and the respondent was obtained contrary to the justice of
the case by reason of material facts not being brought to the knowledge
of the Court. The Jury's answer followed the same words. [Footnote: See
report in _Daily News_, Saturday, July 24th, 1886.] When we add to that
the conditions under which the question was tried, we see that they were
such as to make the proof of innocence impossible.
Those about Sir Charles at this time remember how even at that bitter
moment he began to look round for any method by which his case might be
reheard. He wrote to Sir Henry James that it would be a proper course
for himself to invite a trial for perjury; and though Lady Dilke was so
ill 'from sick and sleepless nights' that she had been ordered at once
to Royat, he waited for three weeks before accompanying her abroad, to
give time for action to be taken, and wrote to Sir Richard Webster (then
Attorney-General) practically inviting a prosecution.
He did not abandon hope of a rehearing, and worked for many years in the
trust that the evidence accumulated by himself and his friends might be
so used, nor did he cease his efforts till counsel in consultation
finally assured him 'that no means were open to Sir Charles Dilke to
retry his case.'
Public-domain text, read in full here on John Shaqi.
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