New-York tribune., 1901-07-29
A COURT FUNCTION.
WHAT WAS SETTLED AND UNSETTLED
BY THE RUSSELL TRIAI-TOJrcurs
OF HUMOR AND PATHOS,
QUESTION OF IMPULSE

A-"hUOh, July IN
The Russell bigamy trial has settled one =.
two questions OF marriage law aud unse,,,.a
several matters relating TO privilege and the -,
namental side of court functions The la
points may be summed up in single sentsnc.
The obligations of marriage cannot be shrksd
through divorce proceedings abroad while tha
English domiciIe remains. Whether the divorc.
be legal or Illegal in the country where il is oh
tanned, the Kings subject is held accountable
for breaches of English marriage law and can
be criminally prosecuted for bigamy COMMITTEES
abroad. Earl Russe;rs counsel contented thar'
selves with raising technical objection to the
indictment. and when il overruled thew
surrendered at discretion. The trial was sus
pended before it had fairly begun, and Earl
Russell. throwing himself upon the mercy of his
fellow peers. received light sentence Of three
months with treatment as first class misda
meanant The result is practical and far reach
ing and the high rank of the bigamist with the
exceptional procedure of trial by peers in their
robes, serves to enforce the moral There was a
deliberate attempt to evade the responsibilities
of English marriage law. and the verdict OF the
jury of peers that it was criminal offence
for which the bearer of honored name must
be punished.
The first thing which is unsettled by the trial
is the peers privilege of being judged by their
own order. What is evident is that extrancous
interest has been impaired to a vulgar matri-
monial intrigue by the pomp and ceremony in
volved by the archaic survival of a special Grim,
inaI court for peers If there had been trial
for high treason the medieval obligation Of the
trial of a peer by the King in Parliament might
have been rendered impressive; but the game
of noblesse oblise not considered worth the
candle when Earl Russell had rot been advised
that his American marriage was contrary to
ytiSH Isu md bad
penalty for contracting Il bigamOus alliance
The result when his counsel abruptly abandoned
the defence was not worthy of any better stage
setting than the Old Bailey II not worth
while to suspend the administration of justice IN
many royal courts and to bring the learned
judges from circuit TO dispose of so trivial a
case Nor was the conviction OF Earl Russell Of
felony an event of sufficient Importance to JUS
tify the expense OF converting the Royal Gal
lery into extraordinary Court of Justice and
of providing peeresses and he privileged classes
with exclusive view Of the function. These
the comments heard on every side over the
exaggerated importance impaired to a trumpery
affair which might have been disposed OF with
out incOny enience or injustice in a police court.
There will probably be legi-ation on the subject
the next session OF Parliament and state
trial for felony in the Kings Palace Of West
minister will never occur again. That was the
general feeling among the spectators in the
Royal Gallery. There had not been a trial OF
peer by ais peers in sixty years and there
would never be another one.
1t may be premature to forecast public
action against the purely ornamental side Of
court functions OF the results OF this
fantastic spectacle in Westminster The
reign has opened with a marked increase or
stage management in every ceremonial with
which royalty has been connected: and there
has been no disposition the part OF either
Parliament or the press TO be censorious. II
there has been more gilt the royal ginger
bread the public has seemed TO like il. II was
not until this trial was staged as a peeresses'
matinee that protests against extravaganza, vu-
garity and tinseI Splendors were hea.d. CIi;-
cism has been general and Outspoken. and no.
body either in Parliament in the press has
ventured to justify the stateliness OF the pro-
ceedings and the revival 1f medseval costumes
and mummery for so trivial an object. Indirect
ly prejudice has been created against the orna-
mental side of royal functions. and it has been
strongly expressed because IL was not known
how far the court was responsible for the direc-
rion and management OF this archaic spectacle
Because this vulgar bigamy in which
unpopular peer was concerned. after a series
of scandaIous Htisations in the courts there has
been a loud outcry against investing a priv
ileged function with the suI panopIy Of royal
pomp and ceremony. The House OF Lords and
the learned justices have been made ridiculous
by the spectacular effects in the Royal Gallery.
when there was an episode worthy of a police
court. with points OF law so simple that a mag
istrate with a fortnight's experience the
bench might have decided them ohhand- IL is
an easy inference that the court itself may be
In some danger of exaggerating the Importance
OF petty details of costuming and stage manage
ment instead of reserving it's resources for su-
preme occasions like the coronation, when the
nation is anxious to have pageantry Of unexam-
pied splendor and impressiveness.
There was. indeed. note OF warning In the
closing ceremony of the Russell trial The spec
tators Uttered when the Lord Chancellor at
tempted TO break the wand Of office as Lord
High Steward. Norroy King-at-Arrus. in phrases
handed down from the Middles Ages. had ad-
monished them to repair to their homes in
peace. as the commission was about to be dis
solved Black Rod. in gorgeous uniform. had
approached the throne and on bended knee had
presented the wand. which was the symbol OF
royal authority for presiding over the trial OF
peer by his peers The gouty Lord Chancellor
took il and attempted TO break IL. bIt there was
good sound wood in il and it resisted his efforts
to bend it double. The Lord Chancellor grew red
in the face. gave hitch to his robes OF state
and brought to bear a substantial knee; anu
over this he broke the wand with loud crack
The commission dissolved and the Lord
Chancellor was no longer masqueradins as Lord
High Steward: but the gravity of the spectators
was upset and everybody grinnins. The
ceremony had been carefully and artisticalS
stage managed: and some of the details which
had seemed |ludicrous in the printed reports OF
the TRIAL of Lord Cardigan. had been either
modified or omitted The ceremonial senu-