Page:Dictionary of National Biography. Sup. Vol III (1901).djvu/342

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Russell
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Russell

and the advice of those among whom he practised, confirmed his resolve to become a barrister in London.

On 6 Nov. 1856 he entered at Lincoln's Inn. Before doing so he had matriculated at Trinity College, Dublin, but did not graduate. From that time he resided in London. In 1857 Henry Bagshawe, then a junior in large practice at the equity bar, and now a county court judge, invited him to become a pupil.

While in these chambers he is described as being grave, reserved, and hard-working. He acquired a considerable knowledge of real property law, but conveyancing and equity drafting did not interest him, and he left to join the common law bar. The Inns of Court had recently appointed five readers to teach law. Russell attended the lectures of Henry Maine in 'Roman Law and Jurisprudence,' of Phillimore in 'Constitutional Law,' Broom on the 'Common Law,' and Birkbeck on 'Equity.' By close private study and with the guidance of these distinguished teachers he qualified himself for practice. He never attended the chambers of a pleader. The common law procedure acts had struck a blow at technicalities which that class of practitioner did not long survive. He found time to write for newspapers and magazines, and contributed a weekly letter on current politics to the Dublin 'Nation.' In Trinity term 1858 he presented himself for examination for the studentship founded by the Inns of Court. Though unsuccessful he was awarded a certificate of honour. On 10 Aug. 1858 he was married to Ellen, eldest daughter of Joseph Stevenson Mulholland, M.D., of Belfast.

In Hilary term 1859 he again competed for the studentship, which was awarded to Mr. Montague Cookson, now Crackanthorpe, K.C. On 26 Jan. in that year he was called to the bar and joined the northern circuit. He practised in the passage court, Liverpool, and from the first was successful. His fee books show that in the third year from his call he made over 300l., and in his fourth year over 1,000l.

He soon began to be known in London, and argued a case before Lord Westbury with so much ability as to procure for him the offer of a county court judgeship.

In 1872 he took silk at the same time as Farrer, afterwards Baron Herschell [q. v. Suppl.] They speedily divided between them the mercantile business of the circuit. In commercial cases, where rights mainly depended on written evidence, Russell's knowledge of business and of the law enabled him to go straight to the point and get through a long list with great smoothness and rapidity. But where there was a conflict of evidence, his style of advocacy was open to criticism and complaint. He was not a pleasant antagonist. Occasionally his opponents were made to feel a personal pressure fatal to the harmony which is a tradition of the bar. Always desperately in earnest and determined to win, he was neglectful of the small amenities which soften professional contests. He dealt with witnesses who gave their testimony in good faith with consideration, and confined his cross-examination in such cases to its legitimate purpose, viz. to glean from the witnesses such admissions as helped to reconcile their statements with his client's case. But his quick temper sometimes betrayed him into attack, and any interference for the protection of the witness was hotly resented. He had, however, great self-control, and was able, by an effort which was visible, to break off an angry discussion and proceed with the case as if nothing had happened. Opposing counsel were often sorely ruffled, but his manifest honesty of purpose secured him indulgence. He made no enemies. As years went by his methods were less aggressive, and old grievances were condoned or forgotten by the bar and the profession. On his circuit he was popular, and was ever ready with a kindly word and a helping hand for a deserving junior.

The power that made him the greatest advocate of his time was best displayed when fraud or perfidy or malice had to be exposed. It has been said that the finest actors off the stage are members of the bar. This was not true of Russell. He felt the indignation and contempt which he poured upon the witness. His searching questions flashed in rapid succession; his vehemence of manner and his determination to force out the truth secured him a complete mastery of the dishonest witness. His extraordinary power when addressing a jury was owing not so much to any oratorical display as to the authority which he could always exercise over those he sought to influence. Spellbound under his vigorous and often passionate reasoning, their verdict was often due to the merits not of the litigant but of his counsel.

In a difficult case he prepared himself most laboriously, and the junior or solicitor who failed to supply him with the information he desired felt his heavy hand. He was often as impetuous in consultation as he was in court.

In 1875 he was invited to stand for Durham; but, finding that his religion might be