The evening times. [volume] (Washington, D.C.) 1895-1902, 1901-06-22
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EARL RUSSELL COMMITTED
Held for Trial on the Charge of
Bigamy by the London Court.
Judge CurIer, of Nevada, Gives Tes-
timony Against the Defendant in
Regard to His American Divorce.
The Legal Procedure Necessary.


timony Against the Defendant In
kegard to His American Divorce.
The Legal Procedure Necessary.
LONDON, June 22-EarI John Francis
Russell, who was arrested last week on
charge Of bigamy and released under $500
bail after preliminary hearing, was
again arraigned in Bow Street police
court today. Mr- Bodkin represented the
Public Prosecutor, Charles Mathews rep
resented the Earl, and Arthur Gill the
countess. The case was heard in the mag
istrate's private room, which was made
quateIy small and crowded to its utmost.
Earl Russell was seated at the magis-
trate's table. His second wife. once Mol
lie Cooke. for marrying whom the charge
Of bigamy was preferred. was present
Evidence was first presented to prove
the EarI's marriage TO Mabel Scott, the
first countess, in 1886 Mr.. Brown. assist
ant public prosecutor. testified that the
prosecution Of the Earl had been under
taken by his department without interfer-
ence from outside, and that he had gone
to the United States to collect the evil
dence which resulted Insthe Earl's arrest.
Mr.. Mathews requested that copy Of
the Earl's American divorce from Mabel
Scott be put in evidence. Mr. Bodkin
pointed out that this divorce was no part
Of his case but, if necessary, he would
be able later 20 prove the American de-
cree invalid. He, however, complied with
the request Of the Earl's counsel and
handed in copy to the court This
showed that a summons had been sent TO
the first countess and that, on her failure
to appear in the action, entry OF her de-
fault had been made. Mr.. Mathews did
not cross-examine Mr. Brown. It IS IN
derstood that the case for the defence
viii be reserved for another court
Judge CurIer, of Nevada, who married
the Earl and Aoiiie Cooke, at Reno, in
April, 1900. then took the stand and iden-
titled the Earl as the man who had in
troduced himself or been introduced as
Mr.. Russell. Judge CurIer deposed that
the marriage had been legally performed
according to the Nevada requirements
The witness then testified as to the ef-
feet of the NevaGa divorce law. He
stated that the provisions Of the law
had not been lived up TO in the Earrs
case, either as regarding publication Of
the summons weekly for six weeks or as
regarding the lapse Of an interval OF
forty days after publication. Therefore,
the witness said, the decree was not good,
even in Nevada, as the date Of the last
publication was april 12, 1850, and the
decree was dated April Il, OF the same
year
Earl Russell was committed for trial
at the next sessions of the Central Grim
inaI Court, and was held IN the same bail
as heretofore, S5,eGa- The next sessions OF
this court begin on Monday next
a trial at this court however, is i'm
possible for a peer, who cannot waive
his privilege. The only court before
which he can be tried IS the House of
Lords II Parliament is sitting, OF the
Court Of the Lord High Chancellor. ap-
pointed for that purpose, If Parliament is
not sitting This latter court consists of
members Of the House Of Lords.