Page:The Green Bag (1889–1914), Volume 12.pdf/590

 The Late Lord Chief Justice of England. went on to blame himself for an interference, which, on reflection, he admitted had not been warranted. After this triumph his career was one of uninterrupted success and, as some one has aptly said, for twenty years afterward the history of litigation in England was his his tory. No American lawyer, however suc cessful in the courts of his own State, can fully realize what it means to be such a leader as the leadership of the English Bar implies. Everything in the world-wide Empire of Eng land centers in London. Charles Russell was in almost every important case that came from the Colonies or Dependencies to the Privy Council. Whether it involved a ques tion of caste in India, a contest in adminis tration in Canada or a dispute in mining rights in Australia or South Africa. He was one day in the Court of Appeals, the next in the House of Lords and the next again back on the Queen's Bench putting his back into a jury case. Strenuous work, unremitting attention to details, quick and unerring grasp of the central point in issue, wonderful lucidity of arrangement and state ment and overbearing masterfulness, were his distinguishing characteristics, both as an advocate and as a judge. He was an impressive speaker rather than an eloquent one. He made few notes and probably never considered his phrases or his peroration, but his presence was inspiring, his voice was musical and his diction digni fied and powerful. Unquestionably he had but little, if any, sense of humor, and it was only by an effort that he could see the point of Sir Frank Lockwood 's spontaneous and capital chaff. One bon mot of his will, how ever, be long quoted. Asked in court on one occasion, by a perplexed junior, what was the penalty for bigamy, he quickly re sponded, "Two Mothers-in-law." His very inability to feel the humor of a situation often provoked the hearty laughter of the court. His friend, Charles Matthews, tells this inci dent of him :

551

In Mr. Russell's young days in " silk," when the late Mr. Justice Denman was going the North ern 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. Jus tice Denman's entry into court with, if possible, more than ordinary solemnity, and, on taking his seat, commencing the business of the day by say ing, " Mr. Russell, since the Court adjourned last evening, I have had the advantage of con sidering with my brother Judge the painful in cident. . . ." Upon which Russell quickly 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 dis missed it from my memory " — a turning of the tables which evoked such a roar of laughter in the court that even the learned Judge himself could not but join in it.

It is a question whether the history of England will ever produce his superior both as an advocate and a judge; but already the gossips are considering who shall be ap pointed to his place. The concensus of opinion points to the present Master of the Rolls, Lord Alverstone, better known to all Americans and most Englishmen as Sir Richard Webster; and no one either on the Bench or at the Bar is more worthy. Under ordinary circumstances Sir Edward Clarke, who is now the undisputed leader of the Bar and who has refused the Mastership of the Rolls, could not have been passed by. But Sir Edward lost touch with the government and the people of England by opposing the policy of the government with respect to South African affairs, and although politics do not control in judicial appointments, they cannot be altogether disregarded.