Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1876-04-21
WV. G. SHAW, ,
CHARLES E. ALLEN, ,
W. L. BURNAP. \


Hon. VIM. g. Shaw said Nav il please
toe Court The passing away from among
Us forever of the Oldest member of the bar
OF this court, and he man of such mark
cd individuality as Judge Russell, is so
striking an event az to merit more than
mere passing attention from US.
| say the oldest member of the bar |
should perhaps say the Oldest member in
practice
Mr.. Pomeroy came to the bar several
/ years earlier than Judge Russell. but he
/ retired from practice thirty years ago. and
stlll survives, enjoying the well preserved
| rlpeness OF his So years-may he live to en-
/ JOY many more.
Judge Russell came next in age, but he
never retired from the practice aud study
OF the law till he laid down his life and re-
tired from the world. lie died with his
legal harness on, and in the midst of his
daily duties for the clients who continued
to consult and confde in him, notwitb-
standing his declining years.
The beginning of his professional experi-
ence antedated, believe, even the veteran
service of your Honor, the presiding Judge.
| know OF no lawyer in this part of the
State who at the time of Judge RusselFs
death had practised law continuously for 50
many years
Charles Russell was born in Bennington.
April 18th, $500. He entered the L Y. NJ.
IN 1921, and remained there about three
years, when without graduating he com
menced the study of the law with his broth
er-ln-law, Benjamin +. Bailey. and was ad-
mltted to the bar OF this county about ls26
or 1877, and he thereafter continued in
practice as lawyer until his death, which
occurred on the 3lst of last October.
II wa al q u. +
about twenty years preceding lS50-and
Judge Of Probate from 1886 TO 1917.
He represented Burlington in the Legis-
lature in lsi5 to ls47, and for don't
know how many, years up to his death, he
was the yigiiant Court Auditor for this
county.
Judge Russell was a sound and learned
lawyer, not brilliant nor rapid, but eau
tiouS. slow and exceeding sure Of iudg-
ment. lie was diligent student lie had
collected large and admirably selected
lsw-hbrary. IN the company Of which he
passed many thoughtful and improving
hou-s, and with the contents Of which he
was very familiar.
He knew the common law, as it was
learned and taught by the distinguished
lawyers of this State forty years since. lie
believed IN II and reyered it as the wisest
[
lie followed faithfully its doctrines and
recognized its applications. as they were
accepted and taught in the years Of his
early practice, nor did he fail to recognize
and ylndicate in many respects its wonder
fol elasticity and adaptability to the grow
Ing wants Of a rapidly developing country
and the manifold practical inventions Of
the age. But still nc was emphatically an
old-iashioned lawyer. lie was suspicious
of many of the sO-called improvements of
later years and preferred to tread the safe and
tried paths OF old experience rather than to
launch out IN new experiments. He stuck
II old ways and habits. For instance, to
the day Of his death he literally followed
the case Of Beardsly rs. hHigH in the 4th
Of Vermont, and would use no other seal
on deeds OF other Instruments than wax or
wafer. lie insisted upon the presence of
some substance which could be impressed
By an instrument used as and for a seal
In his legal instruments he adhered close
~ to what we sometimes think is the uer-
tIGge of Old-flshlOned documents. His pa
pers were, however, always clear and in
tellgible they never failed to present the
point he wished to set forth, and his clients
never lost their rights through their en-
pl0yment Of him to make them.
Some one here, several years since, thought
to get up a new form Of covenants connected
with a warranty deed. The experiment0r
shortened the length of the instrument, but
whether he diminished the number of ques-
tons arising in practice connected with the
conveyance of lands, Is more doubtful.
This attempt Judge Russell regarded as
hardly less than saerilege The old form Of
covenants had been in use for generations.
Every word in them and almost every ques-
ton which could arise under them had been
discussed and settled by judicial construc-
ton. Books had been written by learned
men upon them-and he felt in using the
old and wel-tried forms. he was giving his
client something safe and settled and was
leading them into no new field Of doubt
and litigation, and so he would never use
any but the old form of warranty deed.
and if he could find no blanks of that kind
be would write them all out at length. lie
was perfectly patient Of labor. as long as he
thereby secured a full and complete state
ment Of what he believed necessary to be
stated For ali this patient work he charged
the most moderate fees.
He clung to his cid Office on the Hill
through life, long after the changes of bus
mess in Burlington had drawn his brother
LAWYERS together in a different part OF the
town. and left him alone among lawns and
gardens and at al lncOnvenient distance
from the thor0ughfares Of trade and the
locality OF courts and yet such was the
confidence of the people In him that he en-
loved remuneratIve practice as counsel
ior TO the last. and had the legal manage
ment of some of the largest estates in the
county. His very garb showed his prefer
ence for the modes Of the past That am
pie collar and the Immaculate folds Of that
marvellous ruiiled shirt told of other days
than these.
He adhered to the safe, economical ways
of the uden time. and was an uneOmpro-
missing foe of extravaganza, of debt, both
individual and municipal, AID of the favor
lite methcd of nowadays to pay old debts
with new ones.
He was very familiar with the history OF
Burlington His long experience as town
clerk gave him an intimate knowledge OF
old titles and all the legal traditions of the
town. His testimony and counsel IN ques-
tions Of that kind were much sought after
and of great value.
lis opinions on all matters were firm and
sturdy. and he expressed them in fOrclble,
fearless and unique language. lie was en-
:irely uncompromising in his principles
and convictions lie was very little given
10 compliment. His speech was more sturdy
than polite. His sarcasm was singing
est removed from a demegOgue. lie never
sought any special notice or reward for has
public services lie was quite willing to
let the judgment Of time pass upon his
merits
He was most excellent Judge of Pro-
bate. His opinion in matters of will, dis
tribution and settlement of estates was very
highly regarded. His integrity was IN
ljnching and undoubted. Probably often
or than any other man in the county he
was selected as arbitrator or referee of the
differences betwe cen his fellowmen. and no
one ever questioned the honesty OF his de,
cisions. and they were to remarkable dei
gree acquIesced in as sound and just
1t was playful remark of the bar that
the reason of his being so much used as
referee was that be - hated everybody
alike
This wa not true in the sense that ne
bore malice to anybody in particular. or
mankind in general. lie was full OF good
viii 10 all whom he believed to be honest