Page:The Green Bag (1889–1914), Volume 14.pdf/201

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The Green Bag.

To an American lawyer the English bar rister is always incredible. That an advocate can conduct a trial when others find the facts for him; that a counsel can argue a case when others determine the law for him; that thus the barrister comes to a new case each day with no previous acquaintance with the facts or with the law; — it all seems im probable. And yet this was the way that Charles Russell practiced law. " One day on circuit, a barrister went into the library. He saw a man working up some cases. ' What are you doing?' he asked. 'Working up cases for Russell,' was the answer. He went round the library, and found that there were not less than six men' ' working up cases for Russell.' ' Why,' said he, ' the whole library seems to be working for Russell.' ' Yes,' said the sixth man, ' there are six of us doing the work of one man, in order that one man may do the work of six.' It has been said that Russell ' devilled ' everything. He certainly reduced ' devilling ' to an exact science " (p. 189). He had the wonderful faculty for using the brains and knowledge of others. "When he had confidence in his juniors he would dispense with the authorities. ' I will take your word for it,' he would say" (p. 1 36). Here is one instance from many : " He had not read his brief, and had no note. He knew nothing about the business. The solici tor and the parties were in his room waiting for him. I ran across to court just to tell him something of the case on the way back. 'Well, my boy,' said he, 'what is it all about? ' I told him shortly : ' An action against an insurance company on a life policy. We are for the company. The defence is that it was a bad life, and that some important facts were not disclosed.' ' What's the point? ' ' Well, the point against us is that our doc tor passed the life.' By this time we had reached his door. He did not hesitate for a a moment; he walked straight in without

further question, sat in his chair, took off his wig, and, looking the master of the whole situation, said : ' Well, gentlemen, isn't this an awkward business about our doctor? Let me see his opinion.' The solicitor rummaged among the papers; the clients were anxious and nervous. Russell read the doctor's opinion, cross-examined everyone, and soon got a grip of the case. But no one could have guessed that he had practically only heard of it about ten minutes before he entered the room." Once in this way Russell did not reach the court until the luncheon hour. " Then you spied the official reporter of the court. ' Ah! ' said 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 mo ment. '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.' Find ing that he was in for it, he resigned himself 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 — it 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. Rus sell? ' 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" (p. 5). Russell attended to the smallest details in a case; heforgot 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