New-York tribune., 1901-06-18
ARREST OF EARL RUSSELL
ARRAIGNED IN BOW STREET ON 4
CHARGE OF BIGAMY.
PROBABLE TRIAL OF THE CASE IN THE
HOUSE OF LoRDs-INTEREsTING
POINTS INVOLVED

PROBABLE TRIAL OF THE CASE IN THE
HOUSE OF COMMUNICATING
POINTS INVOLVED.
Copyright 1905 BY The New-Yert Tribunep
Enr CABLE TRIBusE.I
London. June is. 1 a. m-The tableau enacted
IN Sir Franklin Lushington's private room at
Bow Street yesterday was not wholly screened
from public view, because few privileged Jour
nalists were allowed to stand behind the scenes
Earl Russell. bearing name highly honored in
English public life. was charged with bigamy. in
having married Mrs. Somerville in Reno Nev
when he already had a wife I'm England This
second wife. according to Nevada law was in
court having been hastily summoned after Earl
Russelrs arrest at Waterloo Station. and a small
group OF personal friends gathered around her
They were spared the modification of a public
rehearsal Of the in the dingy courtroom
where ordinary criminals and FOUNDERS are
called daily into the prisoners dock. and where
Dr. Jameson and his associates were arraigned
after their raid into the Transvaal. They were
not disconnected by the sudden turn of affairs
hut seemed TO enjoy their notoriety. He prompted
his counsel jauntily and she smiled cheeriy
as though the law of divorce and marriage
were a pleasing and amusing farce. Earl Rus
sell was remanded until Saturday on his own
recognizance, two sureties offering their ser
vices
This case. which has been worked up with
secrecy in America by English solicitor pre-
sents many anomalies and complexities. Earl
Russell and Mrs. Somerville We're in the same
position, each having married in England. been
divorced in Nevada and then been married
there But apparently what is sauce for the
gander is not sauce FOR the goose. He is
rested after thirteen months for bigamy. while
1s,,eye sDS- ha- Tfa do
fence will naturally be that divorce OBJ
tained under the Nevada law and that he
free TO marry again. The work done by the
solicitor in America was not disclosed yesterday,
with the single exception that Judge Curler.
who performed the marriage, was announced az
a witness. 1t is suspected. however, that evil
dence will be produced relating 10 the divorce
obtained by Earl Russell in Nevada. and that
an attempt will be made to invalidate it on the
ground Of irregularities.
The arrest of Earl Russell a complete
surprise TO him. when he had not been molcsted
for thirteen months. The work done by the
solicitor in America was cleverly concealed, and
although a warrant issued Saturday
Earl Russell was not warned of the impending
proceedings The fact that Countess Russell
had instituted divorce proceedings. which are
not fully carried TO completion, is another feat
ure Of the case.
But the most interesting element is the func
tion Of the House of Lords. Preliminary pro-
ceedings in Bow Street Court viii determine
whether there is a prinaa facie case against
Lord Russell Sir Franklin Lushington will
either dismiss the case send 1t TO the grand
jury. If the grand jury ndcts him for bigamy
he will not be tried by an ordinary criminal
court, but by the House OF Lords. since that Is
his privilege. The last time there
Of the trial OF a peer a criminal charge
forty years ago when Lord Cardigan was
charged with duellng- This was a criminal Of
fence and he tried by the House Of Lords.
The procedure is unusual that veteran law
yers forecast that ii will be the last instance Of
The kind. II the case actually reaches the upper
house on the question OF privilege, this bigamy
trial in its broadest aspects brings up the whole
question Of the validity of American divorces
when EngIishInen cross the Atlantic for the
purpose Of eYading English law and return with
American DEGREES their ground Of defence.
Il is evident that the prosecution has prepared
itself for a hard fight and that il has obtained
possession Of all the facts respecting Earl Rus
sells marriage and divorce in Nevada, and also
full information concerning recent decisions Of
The United States Supreme Court on the sub
3ect.
Judge Curler have seen, but he has nothing
10 say respecting the Russell case. in which he
viii be an important witness He is brlSht
and jovial American lawyer, who has enjoyed
his journey across the continent and the voyage
from New-York
Sir Redvers Butler and Lord Strathcona were
the principal speakers at tire annual banquet of
The Colonial Club last night Replying 10 the
toast of The Imperial Forces" General Butler
said in iis blunt way that the worst thing that
could ha ppen 10 any country was what was
known as the jingo feeling Expenditure on tne
forces of the crown should not be for conquest
oppression. Lord Strathcona. who presided
over the banquet. in proposing The Colonial
Club" referred in felicitous terms TO the attach
ment n the people in the colonies TO the instltu-
tons u the mother country. The coionlsts
fnew he said that IL, fighting TO help England,
they were fighting for their own best interests.
The Canadian High Commissioner was loudly
cheeres On resuming his seat
J. N F.