JHE LIFE OF LORD RUSSELL OF KILLOWEN R.BARRY O'BRIEN CORNELL LAW LIBRARY 1<DK Old dnrtifU Slam ^rtiool Slihtarg (Sift of EDWARD E. WILLEVER Law Librarian 1911-1935 KDK 161.R96013 1901 '-"^ii!?tii!l;?,r.d>,.,f?,Hf^^'l of Killowen / 3 1924 024 626 644 ^ Cornell University 'M Library m The original of tinis book is in the Cornell University Library. There are no known copyright restrictions in the United States on the use of the text. http://www.archive.org/details/cu31924024626644 THE LIFE OF LORD RUSSELL OF KILLOWEN I,Dndjiu,Publi3hflaV3inith.ETder&CoTiWitBi.lDaPlaG9. THE LIFE LORD RUSSELLOF OF KILLOWEN '^ ,v.^ r/'barry_o'brien OF THE MIDDLE TEMPLE, BARRISTEE-AT-LAW AUTHOR OF 'THE LIFE OF CHARLES STEWART PARNELL' WITH A PORTRAIT AND FACSIMILES LONDON SMITH, ELDER, & CO., 15 WATERLOO PLACE 1901 CAU rights reserved] HAY 2 D 1904 LAW Ui»«A'*' PREFACE I WISH to express my thanks to the family of Lord Russell for the letters and papers which they have placed at my disposal in the preparation of this work. For the rest, the responsibility is not theirs, but mine alone. I know not whether I have succeeded or failed in my task. I do know that I have tried to write in good faith, and to produce a true and fearless biography of a man who was, above all things, true and fearless. R. BARRY O'BRIEN. November, 1901. CONTENTS PAGB PREFACE V CHAFTEK I. INTRODUCTORY , II. THE RUSSELLS OF DOWN 12 III. BOYHOOD: YOUTH 19 IV. LIFE IN BELFAST 36 V. THE BAR: MARRIAGE 56 VI. ENGLAND 69 VII. SILK: CHARACTERISTICS 90 VIIL FORGING AHEAD 1,2 IX. IN THE FOREFRONT: POLITICS 126 X. AMERICA 159 XI. HOME RULE: ATTORNEY-GENERAL . .178 XII. THE PARNELL COMMISSION . U^iui^ . 20S XIII. THE MAYBRICK CASE : BEHRING SEA ARBITRATION 259 XIV. LORD CHIEF JUSTICE . 274 XV. THE VENEZUELAN ARBITRATION 305 XVL THE DREYFUS CASE 314 XVIL PERSONAL REMINISCENCES 331 XVIIL AT HOME 356 XIX. LAST DAYS 366 AJ'jPEJVDIC^S A, REPORT OF SPECIAL [PARNELL] COMMISSION: CON- CLUSIONS 383 B. MAYOR AND CORPORATION OF SALFORD v. LEVER . 387 INDEX 391 LIST OF ILLUSTRATIONS PORTRAIT OF LORD RUSSELL OF KILLOWEN . Frontisfuce (.From the fainting by John Sargent, R.A.) FACSIMILE OF LORD RUSSELL'S NOTE FOR HIS SPEECH IN THE COLIN-CAMPBELL CASE . tafacep. 206 FACSIMILE OF A NOTE FROM SIR JAMES HANNEN „ ?S6 FACSIMILE OF A NOTE FROM LORD RUSSELL TO HIS SON „ 358 — LIFE OF LORD RUSSELL OF KILLOWEN CHAPTER I ,t INTRODUCTORY One day, seventeen years ago, I dropped into Charles Russell's chambers at lo New Court, Lincoln's Inn. My own chambers were over the way at No. 2. We saw each other constantly at this period. Sometimes he would send across for me, sometimes I would come uninvited, either on business—political business or to have a 'gossip.' This day I came to gossip. He was at luncheon. A fried sole and a bottle of ApoUinaris, wedged in among briefs and papers, were before him. His wig was flung carelessly aside. He had just come in from Court. Received with the familiar cheery greeting, 'Well, my friend, what's the ? news ' I sat down and talked away. In moments of relaxation, be it said, he was fond of gossip ; but never during the twenty years of our friendship have I known him to tell a scandalous story, hardly ever have I heard him say an unkind word of any one. If he disliked a man, he wiped that man out of his thoughts. ' A poor I B LORD RUSSELL OF KILLOWEN creature ' was the strongest expression of denunciation I have ever heard him use. But with it the very existence of the 'creature' seemed to have been for- gotten. Scandal was repugnant to his virile nature, out of harmony with a character whose dominant feature was manfulness, and distasteful tQ a mind singularly simple and pure. ' I have been hearing some good stories about you ' ' lately,' I said. Indeed ! what are they ? he asked with a half-humorous look. 'Here is one,' I replied. 'It is a story of the Northern Circuit. You were engaged in a case at Liverpool. It was an uphill case. The judge and jury were dead against you. The trial had lasted for two days. You had failed to shake the wit- nesses in cross-examination. You made no way. The case seemed hopeless. You were horribly irritable, and swore at every one. On the third day you began your speech. You spoke for nearly an hour without appa- rently producing much effect. Then the foreman asked a question which showed that at length you had staggered the jury. You answered the question. The judge did not like the answer and interposed. You faced the judge and stood by your guns.. There was an altercation between you and the Court. It was the crisis of the case. After a hard fight you had got hold of the jury. The judge interfered to take them out of your hand. Would he succeed ? That was the point. You were still arguing with him when your solicitor—an eminently respectable and even pious-looking man, with a black frock coat, kid gloves, and a white tie —he was solicitor, I believe, for half the county families in the district—rose and, turning round whispered with great reserve, " Mr. 2 " ' INTRODUCTORY " " Russell, will you allow me Damn you ! sit down," said you in a voice quite audible to judge and jury. The effect was electrical. The solicitor sat down. The judge said no more. The jury collapsed. You then blazed a\vay fiercely for another half-hour without interruption from any one. The judge delivered a Balaklava charge against you ; but the jury gave a verdict in your favour without leaving the box. Now do you remember that scene ? ' ' ' Russell : Not a bit. Who is your authority ? I said, ' Oh, I won't give you my authority. He is a man who has a great admiration for you. He was in Court and saw the whole thing.' ' ! Russell : Humph I asked (laughing and using a familiar form of question .'' in cross-examination), ' Butyou won't say it didn't happen All your evidence comes to this, that you don't recollect' ' Russell (smiling) : I have no doubt, my friend, that, whatever happened, the story has been embellished by you or your informant.' I said, ' Well, I'll tell you another story.' He turned towards the fire, and I stood with my elbow on the mantelpiece, and went on : ' The case was in London. It was an appeal to the Court of Queen's Bench. The arguments began first thing in the morning. You were not present. The Court was with the other side up to luncheon time. You then put in an appearance just as the judges were leaving the bench. The junior Bar were clearing out, when you turned to the men in the front row and said, "Were any " of you present when the case was argued below ? Then " you spied the official reporter of the Court. " Ah ! said 3 ^^^ ' ' LORD RUSSELL OF KILLOWEN you, "you were there!" " Yes," said he, "but I did not take a very careful note." He wanted to go to his luncheon, and did not care to be buttonholed by you at that " moment. " Where is your note-book ? said you ; and then, without waiting for an answer, you pounced on the note-book which was lying on the 'desk. " Here it is : don't go." Finding that he was in for it, he resigned hinlself to his fate, saying, "I'll find the note for you," " I have found it," said you. " You write very carelessly." You then read the note, asked him questions, made mems on your brief—which was tied up and quite clean^t was clear that you had never opened it. By the time that you had cross-examined this man, and got out all he knew about the case, the judges returned. "Are you ready, " Mr. Russell ? they asked. " Yes, my Lords," said you. You then argued for a couple of hours, turned the Court right round; got judgment, and walked out without giving back the man his note-book.' ' ! Russell : That's a lie I said, ' What is a lie—that you didn't give him back his note-book ? Russell: 'Yes.' I said, ' Well, think of the number of books of mine which you have never given me back.' At this he laughed almost heartily. I never knew him, even in his most unreserved moments, when it was not possible to turn a frown into a smile, if you only hit upon the right key. I continued r ' Every one sayS that your great quality is concentration. You fix all your thoughts on the subject or the man you are dealing with for the time. Then, when the business is over, you wipe everything connected with it from your mind. How often' do you 4 ' ' INTRODUCTORY talk to me here for an hour at a stretch about Irish his- " tory and politics ! Then you say suddenly, Now go." You take up a brief, and I have no doubt that you have lost all consciousness of my existence before I have got to the door.' ' .* Russell : I see. Have you any more stories I said, ' Yes, here is one about the theatre.' Russell: 'Ha!' ' It was in your early days in London. You went to the play with a friend. He took you under his wing.