his gown. ' Give me the letters,' he said, as he faced
the witness, and the junior sat down. He had arrived in
the nick of time.
Russell's relations with solicitors were peculiar.
Most members of the Bar are polite if not gracious to
the men who distribute the briefs. Russell was not
polite ; he was sometimes scarcely civil. ' Russell was
always independent,' says a member of the Bar ; ' he
never allowed solicitors to dictate to him.' ' The way
104
JET. 40] SOLICITORS
he treated solicitors won't bear repeating,' says one who
knew what he was talking about, adding significantly,
' On the Northern Circuit it was customary to use
very strong language.'
And yet he was briefed by all solicitors. The fact
is an eloquent tribute to his genius.
1 1 doubt ' (says a solicitor who held Russell in high
esteem and liked him) ' if Russell could ever have been
considered popular among solicitors. He was apt to
blame them if a paper were not forthcoming instantly, or
if evidence were wanting at a moment's notice, and he
often thoughtlessly expressed his dissatisfaction in the
hearing of their clients and in unparliamentary language.
Yet I should like to say that during the whole time I
knew him, and especially when he was at the very height
of his position as leader of the Circuit, I met with nothing
but kindness from him. I often spoke to him about his
rough treatment of solicitors, including myself, and told
him how much many of us resented it. He always said
he could not help it, that it came of the intense interest
he was taking in the conduct of the case, and I believe
this was the real explanation. He always allowed me
to talk to him about my personal affairs, and for my
own part there was no one whose guidance I valued so
much.'
Most people found out sooner or later that beneath
Russell's roughness there was a kind and warm heart.
' The instances of Russell's kind-heartedness are too
numerous to mention,' says a barrister. ' He came to
see me when I had the small-pox, and went to see another
barrister who had scarlet fever, and, guessing that the
patient was not too well off, left, without any one noticing
105
LORD RUSSELL OF KILLOWEN [1872
it, several 5/. notes in the house. On another occasion
also he was especially kind to a member of the Bar who
was by no means a friend of his, and hearing that he
had bailiffs in the house he went off immediately and
paid them out He never spoke of any kind action he
did.'
An amusing illustration has been given to me of
Russell's imperious nature and tender heart, both
characteristics being displayed at one and the same
moment :
' I had left the Northern Circuit ' (says an old
friend) ' to take up a judicial position in a large town in
the provinces, which was also an assize town. On one
occasion Russell came down special to conduct an impor-
tant case at the Assizes. He brought it to an end early
one morning (after a couple of days' fighting), and
presently I saw him shouldering his way through a large
crowd into my court. Every one made way for him
though no one knew him, and he walked straight on to
the Bench, sat down on a chair near me, took out his
snuff-box and the well-known bandana (without a word
or sign to me), and was instantly absorbed in the cases.
Among the applicants were the wives of debtors apply ing
for the suspension of the orders of payment, or com-
mitment, made against their husbands. Wife after wife
entered the box with shawls over their heads, and babes
in their arms, and detailed, with more or less truth, the
destitution in which they were. In a very few minutes
Russell was greatly moved, and would exclaim, " Poor
creature, poor creature ! " and then when one wandered
a good deal, and perhaps evaded a little the questions
which it was my duty to ask, he would break in with,
1 06
Mr. 40] SOLICITORS
" Now listen, ma'am, to what the judge says, and pray give
an answer immediately." People seemed a good deal
surprised, and I fancy would presently have been more
surprised if he had remained a little longer, for I have no
doubt that in ten minutes he would have been trying all
the applications and cases, and gathered into his grip all
the business of the Court ; but fortunately his time was
up, and he strode off to catch his train.'
I have said that Russell hated affectation. He was once
instructed by a solicitor full of bounce and impudence.
The brief was a huge compilation drawn up, as the
solicitor doubtless thought, in a style of literary distinc-
tion. There was a consultation at Russell's chambers,
on the rising of the Court. Client, junior, solicitor were
in attendance at the appointed hour. Russell came in, in
wig and gown, sat on his chair, took off his wig, and
then turning to the solicitor said, without any preliminary
remark whatever, 'Well, Mr. A., I have read every word
of your brief, and there is neither sense, fact, nor law
in it from beginning to end.' Next day the case came
on for trial. It was a case of great difficulty. Russell
was anxious and irritable. The solicitor had not put
in an appearance when the proceedings commenced.
Russell was impatient and looked angrily around. At
length Mr. A. arrived, resplendent in a fur coat and
carrying a Tennysonian hat in his hand. Russell hated
fur coats as much as he hated pretence and pomposity.
With a fierce glance he beckoned A. to his side, and in a
low angry voice said, ' The case has been on for half an
hour. You ought to have been here long ago. Take
off that coat this instant and sit down in that chair.'
A. looked amazed. The Junior Bar, who expected a
107
LORD RUSSELL OF KILLOWEN [1872
4 scene,' tittered. A. stood for an instant irresolute, and
then, like a man gradually falling under some hypnotic
influence, took off his coat, folded it, put it on the chair,
and sat on it.
One day in Court the lay client in a case turned
round and made some suggestion to Russell. ' Who is
that unpleasant-looking man who spoke to me ? ' said
Russell with a frown to the solicitor, who happened to be sit-
ting by the side of the client. ' That's your client,' said the
solicitor. ' Then I must trouble you,' said Russell, ' to ask
him to go to some part of the Court where I cannot see
him.' The solicitor conveyed this request in diplomatic
language to the client. The client, however, did not
quite see why he should change his place, and said so.
* Tell him,' said Russell addressing the solicitor, ' that if
he does not go at once where I can't see him, I won't go
on with the case.' The client immediately disappeared.
A pompous ' expert,' who had been in the habit of laying
down the law before Parliamentary Committees, once
attended a consultation at Russell's chambers. ' Gentle-
men,' said he, while Russell was engaged in conversation
with the other counsel, ' if you will allow me, I shall give
you my view of this case '
' Hold your tongue,' said Russell, ' till you are asked for
your view ! ' He did not like any one to put a hat on his
table, or to touch him. One day a pompous solicitor
came in. 'How do you do, ^Ir. Russell, how do you do ? '
he said, walking straight forward and putting his hat on
the table. ' Take your hat off the table,' was Russell's
sole reply. The solicitor was offended, and took a back
seat when the consultation began. During the consulta-
tion there was an argument between Russell and hisjunior.
1 08
. 40] CAREFUL OF DETAILS
Every one got interested. The solicitor got excited, and,
jumping up, touched Russell, saying, ' I think you are
mistaken, Mr. Russell.' Said Russell, ' Take your hand
away ! '
' I am not prepared to admit * (said a solicitor who
knew Russell well) ' that Russell was rough in consulta-
tion. The difference between him and other counsel was
this. Suppose there was a stupid client who was making
a fool of himself, other counsel would humour him, and
treat him as if he were intelligent. Russell acted
differently. He would ask the client a question. If the
client gave a silly answer, he would say, " You are a
fool," and so leave the matter. I don't call that rough-
ness ; I call it honesty.'
Russell attended to the smallest details in a case ; he
forgot nothing, he overlooked nothing. Once he was
engaged in a breach of promise action. ' The case,'
says his devil, ' was a simple one, and practically the
question was the amount of damages which the plaintiff
would get.
' Directly his junior and the solicitor had seated them-
selves in his room for the consultation, he turned to the
latter and asked, " What is your client going to wear
at the trial ? " The solicitor replied that he had not the
faintest idea. Russell then said, " Take her to-morrow
to her dressmaker, and order a perfectly plain dress of
a soft grey colour, fitting closely to the figure, without
any trimming, and a big black hat, also as simple as
possible."
' The consultation was very short and the case itself
was practically not discussed indeed there was little to
discuss in it.
109
LORD RUSSELL OF KILLOWEN [1872
' Russell's client got a verdict for io,ooo/. In divorce
cases he thought ladies ought to be dressed in black.
He used to say that at least they ought to pretend to be
sorry.'
It has been said that Russell kept up the scale of
fees on Circuit. There never lived a more generous a
more lavishly generous man than Charles Russell : but
in professional matters he exacted fees which he con-
sidered just and befitting the dignity of his calling.
This practice, however, increased his unpopularity among
solicitors, for they thought that the high scale of fees
would tend to diminish business. Once the Liverpool
solicitors resolved to teach him a lesson. Mr. Birrell
tells the story. ' When Russell took silk, he at once
stepped into a great business on Circuit, which he
retained till he wanted it no more. The Liverpool
solicitors occasionally resented Russell's imperious
manners, and once they all (or nearly all) plucked up
courage to teach this great Irishman a lesson in humility.
They determined to boycott him for one Assize. He
was to come to Liverpool and find nothing for him to
do. It was a great plot, and would certainly have led
to a great explosion. But one leading firm, with
important briefs to distribute, held aloof; their refusal
to join the conspiracy destroyed it. Russell came to
Liverpool and got all the briefs as usual. I do not
know that he even so much as ever heard of the plot'
Russell, however, did, I believe, hear of the plot, but
laughed at it. He knew well that he was indispen-
sable.
1 Russell' (says a Northern Circuiteer) ' differed from all
the men on the Circuit in this respect ; he was a splendid
no
JET. 40] 'EXCELLED IN EVERYTHING'
all-round man. Some men were good for legal argu-
ment, others were first-rate in commercial cases, others
admirable in what are called sensational actions libel
or breach of promise ; others came to the front in
criminal causes, but Russell excelled in everything.
Whatever he went into he came out top.'
in
LORD RUSSELL OF KILLOWEN [1873
CHAPTER VIII
FORGING AHEAD
I HAVE now told the story of Russell's career at the
Bar from 1859 to 1872. It is the ordinary story of the
young barrister. He had to wait his chance, to watch
his opportunity. The chance, however, it must be con-
fessed, came sooner than in the case of most barristers.
Eldon was called to the Bar at the age of twenty-four.
Russell was called at the age of twenty-six. In his first
year Eldon made a guinea. In his first year Russell
made nearly I2O/. In the three years following his call
Eldon practically did nothing. He was filled with despair.
He had made up his mind to leave London, and to
become a ' local ' in his native town of Newcastle, when
his chance came, merely by accident, and the case of
Ackroyd v. Smithson gave him the opportunity of show-
ing the stuff that was in him. During the three years
that followed his call, Russell doubled his income every
year. He never despaired. From the moment he put
his hand to the plough he never looked back. Unlike
Eldon, he did not, in a few years, get the opportunity of
playing a prominent part in an important case. But he
got business ordinary business from the very start ;
and he did it well, proving himself on every occasion to
be a clear-headed, painstaking, strenuous man. He did
112
JET. 41] MR. JUSTICE DENMAN
not get his Ackroyd v. Smithson until he was eighteen
years at the Bar ; but Eldon had no John Yates. The
genius of the one man, favoured by an accident, blazed
out in a moment. The genius of the other, fostered
by a single friend, glowed all the time.
In 1871, the year before he took silk, Russell made,
in round figures, 3,ooo/. ; in 1872, he made 4,ooo/. ; in
1873, 5.40Q/.
In his 'young days in silk' there was, on one occa-
sion, a passage of arms between him and the Bench,
marked by an unusual humorous sally on his part. I
shall tell the story in the words of Mr. Charles Mathews. 1
'In Mr. Russell's young days in silk, when the late
Mr. Justice Denman was going the Northern Circuit,
just before the rising of the Court, on a warm summer
afternoon, some very high words were flung from the
Bar to the Bench in a tone and with a vehemence which
caused the learned judge to say that he would not trust
himself to reprove them in his then condition of sorrow
and resentment, but would take the night to consider
what he ought to do, and when they met again the
next morning he would announce his determination. In
considerable commotion the Court broke up, and on the
following day it was crowded in anticipation of " a scene,"
an anticipation somewhat encouraged by Mr. Justice
Denman' s entry into Court with if possible more than
ordinary solemnity, and on taking his seat, commencing
the business of the day by saying : " Mr. Russell, since
the Court adjourned last evening I have had the
advantage of considering with my brother judge the
painful incident "... Upon which Russell quickly
1 Daily Telegraph.
113 I
LORD RUSSELL OF KILLOWEN [1873
broke in with, " My Lord, I beg you will not say a word
more upon the subject ; for I can honestly assure you
that I have entirely and for ever dismissed it from my
memory " a turning of the tables which provoked a roar
of laughter in the Court that even the learned judge him-
self could not but join in it.' Another story may be told
showing Russell in his usual role of the strenuous man.
' I recollect,' says an eye-witness, 'an action for breach
of promise of marriage, brought by a pretty girl against
a wealthy man who had treated her badly. Russell
appeared for the defendant.
' Some of the jury evidently sympathised with the
plaintiff, and, during her cross-examination, one of them
blurted out a strong leading question, showing such
animus that we in Court thought Russell would decline
to go on with the case before that jury. Instead, he
turned round, looked sternly at the juryman, held him
fixed for a few moments, whilst he tapped his snuff-box,
and taking a pinch, said, with quiet intensity, " Attend
to the evidence, sir." The effect on the jury of this re-
buke was very marked. They all looked serious, listened
attentively, and, in the end, found a verdict for the
defendant.'
In December, 1873, he appeared for the defendant in
a curious breach of promise action Nuttall v. Wildes
at the Liverpool Assizes. Captain Wildes had divorced
his wife. Some time afterwards he met Miss Nuttall,
proposed for her, and was accepted. All arrangements
were made for the wedding the day was fixed, the
presents were received, the clergyman was engaged,
when Captain Wildes, walking down Regent Street, was
struck by the appearance of a lady who passed him.
114
JET. 41] NUTTALL v. WILDES
He turned round, and found that she had turned round
too. They approached each other. It was his wife.
Within a few days they were married again, and Miss
Nuttall brought her action. There was, of course, no
defence ; but Russell spoke in mitigation of damages.
His speech is not well reported, but those who heard it
tell me it was one of the best he ever made, and that
all present were impressed by the fact that he spoke not
merely as an advocate, but as a Catholic, profoundly
moved by the justice and morality of the course taken
under most painful circumstances by the defendant. I
take an extract from the speech :
Never, perhaps, within the knowledge and experi-
ence of any one present has such a breach of promise
case been heard before a case in which the breach has
been caused by the husband taking back his own wife
to his arms. Truth is indeed stranger than fiction.
This is not the case of a new fancy springing up in the
mind of a thoughtless, volatile man, but it is the case of
an old enduring passion sanctioned and consecrated by
the holiest of ties the tie of marriage assuming its
old force, assuming its old influence over the defendant.
He had seen his wife again the mother of his children
had found that the passion of his love had not died
out, but only smouldered, and that the sight of her had
rekindled it. What is the history of this case ? The
defendant found himself in London. We have not
heard how the meeting between himself and his wife
was brought about whether it was in answer to the
prayerful cry of entreaty upon her part, as it were from
her death-bed, that he should come to see her for the
last time, or whether the meeting was accidental. What
did he find ? He found that his wife had been in great
part maligned. It is not part of your business to con-
sider the question of the misconduct of the lady. The
IT5 12
LORD RUSSELL OF KILLOWEN [1873
defendant found her as he believed maligned ; he found
her at his feet, penitent, remorseful ; he found that for a
considerable time she had been doing all she could by a
proper and prudent and creditable life with her family
to regain a name she had lost. He found her at his
feet, praying to have given back to her the priceless
treasure of an honest man's love, which she had
wantonly, in a wicked and mad moment, cast from
her. Is it wonderful that he opened his arms to
receive her back again ? Can you conceive for your-
selves that scene the memories, the pictures it conjured
up the time when he and she were young, when they
trustingly plighted their loves the time of their young
and early courtship, the time of their early marriage
life one might fancy the sound of the marriage bells
ringing in their ears ; the time when their happiness was
blessed with children all that coming back upon them,
was it wonderful that in such a moment that, by a
sublime effort of pity and commiseration, the man still
having the sense of wrong, perhaps, to some extent
upon him, was willing to take back his wife to his
affection and his arms ? There were other voices heard
upon that occasion, voices not heard by the ear, but
present to the heart and to the soul of the defendant
and his wife. These were the voices of little Georgie
and of the little girl Mabel. Is this idle sentimental
rubbish, or is it genuine truth ? These are the motives
which are amongst the most powerful which constitute
the spring of human action. In one's own immediate
circle, one often felt pity for two or three innocent
children who, without any fault of theirs, were left in
their infancy without a mother's care and protection ;
but is that to be compared with this case, in which the
children would have grown up knowing none of a
mother's care, and then when they were old enough to
understand the state of the case, being left to hang their
heads with shame when their mother's name was men-
116
. 4 i] NUTTALL v. WILDES
tioned ? There is one gratification in this case, and it is
that the breaking off of the marriage does not involve
any circumstances of contumely far from it upon Miss
Nuttall. It has nothing to do with any disparagement
of Miss Nuttall's character, charms, or conduct. The
highest eulogiums his friend could pass on all three he
agreed with ; but the breach was brought about because
the defendant believed that a marriage, under such
circumstances, would be little short of an adultery by
him, and that it became morally impossible for him to
carry it out. If you think this is a case in which the
defendant has acted from base and selfish motives, award
damages against him whether he can pay them or not.
If you believe that if ever there was a breach of promise
which was justifiable this is it justifiable, I will say, in
the eyes of any right-minded man in that Court aye, or
of any lady in the Court who has got her instincts,
beautiful, pure, and womanly upon her. If it is, I say, a
breach justifiable in the eyes of God Himself, then you
will know how to deal with the case.
Mr. Pope made a powerful appeal on the other side,
and the jury found a verdict for the plaintiff, 3,ooo/.
damages.
At the General Election of 1874 the Liberal wire-
pullers asked Russell to stand for Durham, and he con-
sented. But, on reflection, it was thought that, as a
Catholic, he might not succeed, and the seat was given
to Mr. Herschell. Russell, however, did again stand as
a Liberal for Dundalk, but he was again defeated by
Mr. Callan, who came forward as a Home Ruler. The
figures were
Callan .... 257
Russell . . . . 225
Russell's defeat was not without its consolations.
117
LORD RUSSELL OF KILLOWEN [1873
During 1874 he appeared in many election petitions,
and his fees for the year amounted to the handsome sum
of io,8oo/.
It was some time previous to this that I first met
him. I knew his cousins in Killough well, and brought
him a letter of introduction from them. I called at his
chambers, 3 Brick Court, Temple, to ask him to sign my
form of admission for the Bar. I was shown into his
room. There he was at an upright desk, and a more
frigid-looking Irishman indeed, I may say, a more frigid-
looking man of any nationality it had never been my
fortune to behold. He gave me his hand. It was like
a piece of bar iron. There was not the faintest sugges-
tion of a pressure of any kind. Of course his extra-
ordinary eyes fixed my attention at once. They were
open wide, and I had my first experience of that
searching look which I came to know so well in after
years. It was a noble head, but the expression of the
mouth was extremely disagreeable. No smile lighted up
the face, which looked as cold as marble. I felt myself
in an atmosphere of ice, and longed to be out of it.
Without any preliminary remark that I now can recall
if there were any preliminary remark it must have been
of the most cursory character he said, ' What is it you
want ? ' I told him. ' Where is it ? ' I produced the
document. He signed it, and I beat a rapid retreat. It
was a thoroughly business-like interview. He did what
I wanted, but made a very unfavourable impression on
me. I thought his manner unfriendly, even offensive.
On leaving him I went to 3 Dr. Johnson's Buildings,
Temple, the chambers of Patrick MacMahon, one of the
best and kindest friends I have ever known. MacMahon
118
JEr. 41] PATRICK MACMAHON
was then, and had been for many years, a Member of
Parliament, at first for the county of Wexford, and after-
wards for the borough of New Ross. Judicial, broad-
minded, upright, a sound lawyer, a keen politician, and
an honest man, few stood higher in the esteem of the
members of his own profession, and none were more
trusted and beloved. 1
On entering Mac's chambers he asked, ' How did you
get on with Russell ? ' I said, 'He is a disagreeable
man.' Mac laughed and asked, ' Did he do what you
wanted?' I replied 'Yes.' 'Come,' said Mac, 'you
have not much to complain of, then.' I said, ' He was as
cold as death. I shall never cross his path again.' Mac
laughed. ' Don't make rash resolutions,' he said. ' I do
not care particularly for Russell. He has a rough, brusque
manner, which makes him offensive and unpopular with
some people. But and this is the point that concerns
you and me he is a good Irishman and a good
Catholic (if that has any weight with you). He would
not temporise in the smallest way about his country or
his religion to be made Lord Chancellor. He is an in-
dependent, manly fellow. I will tell you a story about
him, to soothe your feelings. When Allen, Larkin, and
O'Brien were hanged there was a strong prejudice
against the Irish on the Northern Circuit, and of course
every one said that the men deserved their fate. I have
heard that Russell used to stand up in the robing-room
1 Lord Chief Justice Cockburn in summing up in the Tichborne Case, in