Some eminent Victorians: Personal recollections in the world of art and letters

by J. Comyns Carr

Other instances of Russell’s commanding personality, though they belong to a later time, come back to me now.

During the progress of the famous Belt trial, through the kindness of Sir George Lewis I one day found my way into Court; but I had scarcely taken my seat when Russell, with an imperious gesture, beckoned me to his side. “Carr,” he said, “you know about Art?” and before I knew whither his statement tended I found myself in the witnessbox confronted with the two test busts on which the issue in the case mainly depended.

The last time we met in public was on the occasion of a dinner to be given to Sir Henry Irving on his return from America, when Sir Charles Russell was in the chair. As I entered the anteroom where the guests were assembled Russell took me by the lapel of my coat and drew me aside. “You ought to be doing this,” he said. “You can do this sort of thing; I can’t.”

That portion of the statement which concerns himself was, at any rate, partly true. Russell was never quite at home in these lighter ways of oratory. It needed the pressure of a great issue to exhibit his powers of eloquence at their best, and even in the House of Commons I fancy he never quite justified his unrivalled position at the Bar.

But in that special gift of eloquence that makes for power in advocacy there was surely no man of his time who could claim to be his equal. Within the arena of the Court his personality imposed itself; in the stress of conflict it could even be menacing. It exercised its influence upon the jury; it was not unfelt upon the Bench. Like all great advocates, he was at his best when the gravity of the issue summoned all his resources. He was only fully inspired when his individuality was fully and deeply engaged, and for that he needed the spur of something definite, concrete, and individual. His gifts of oratory were conspicuous. In those northern Circuit days I used constantly to notice a greater freedom and picturesqueness of gesture, a more complete surrender to a mood of passionate utterance than any of his fellows could command. These things were his in virtue of his birthright as an Irishman. But they were not at his service upon an issue that was coldly intellectual or remotely abstract. There was in his nature that purely combative element that could only find its full expression in the battle of litigation; the clash of ideas left him comparatively cold: he was so far an artist that he needed to be moved and stirred by facts that were moulded into a definite story of individual fortunes—then, and only then, the full force of his personality came into play. At such moments his strength far outmeasured the weight of gifts that were merely intellectual; such gifts, however considerable, were then enforced by qualities of character and even of temper very difficult to define but still more difficult to resist.

In after years he once told me that his habit had always been to prepare his cases chronologically. He wanted to know what was missing in the story he had to tell, to be prepared in anticipation for any surprise coming from the other side that might suddenly be brought to fill the vacant gaps in his own narrative. And this simple process of preparation showed itself in his methods as an advocate. His power of presenting his case had something of the charm a story-teller can command. It was always lucid, direct, and consecutive, never halting or confused. Sir William Gilbert once told me that on a certain occasion he was in Court listening to his own counsel opening to the jury the story of his own case. He said he was charmed, by the interest of the narrative as it was gradually developed, and that the only criticism that occurred to him was that the substance of the speech bore no relation to the contention he had come into Court to establish. Such a reproach, I think, could never at any period in his career have been made against the late Lord Russell.

I did not at first recognise that Russell had in his constant opponent, John Holker, a man of intellectual power, as great, or perhaps even greater, than his own. Holker had little of the grace that Russell could boast; his personality was outwardly heavy and uncouth; his language, rarely eloquent, was sometimes even rough and halting. But in his grasp of every case presented to him, and in his power of imposing the view he sought to uphold upon a northern jury, even Russell was not his equal. A man of great physique, in person cumbrous and heavy, and in facial expression unalert and uninspiring, he sometimes gave to his hearers rather the impression of a giant talking in his sleep.

But as I watched him from day to day, it very soon became convincingly clear to me that the giant was there. He seemed to notice nothing, and yet nothing escaped him. His method of appeal to the jury had something almost of cunning in its apparent helplessness.

Even when he was nearing success, and the verdict was within his grasp, he still retained the air of a man whose cause was in danger owing to his inferior grace of style and his halting powers of eloquence. He had that persuasive art of convincing the jury that he was a plain man like themselves, and that the cause of justice was likely to suffer by reason of the superior intellectual attainments of his opponents, unless he and they laid their heads together as plain men, and stood shoulder to shoulder in earnest endeavour to vindicate the right.

It was only afterwards that I got to know that beneath this heavy and impenetrable exterior there lurked a keen and supple sense of humour. On the occasion of the annual Grand Night the leader who presided did not always take the personal trouble to invent or devise the sort of burlesque address interspersed with lyrical effusions which was deemed appropriate and indispensable. I remember my friends, the late Mr. M‘Connell and Hugh Shield, who was known as the laureate of the Circuit, very often came to the assistance of the leader who felt himself unequipped for this lighter task imposed upon him.