Edward Southwell Russell, 26th Baron de Clifford
Encyclopedia
Lieutenant Colonel Edward Southwell Russell, 26th Baron de Clifford, OBE
, TD
(31 January 1907 – 3 January 1982) was the only son of Jack Southwell Russell, 25th Baron de Clifford
, and Eva Carrington
.
He was the last peer
to be tried for a crime in the House of Lords
. He inherited his title aged two when his father was killed in a road accident. Coincidentally, his trial before the Lords in 1935 was for vehicular manslaughter.
and studied engineering at Imperial College London
. In 1926 he was commissioned into the 21st (Royal Gloucestershire Hussars
) Armoured Car Company of the Territorial Army; he was promoted Lieutenant
in 1929 and Captain
in 1938. His hobby was racing cars, and he was a young supporter of fascist Oswald Mosley
and his British Union of Fascists
.
In 1926 he married Dorothy Evelyn Meyrick. Since he was only nineteen, the law at the time required him to have his mother's consent to the marriage, which he knew he could not obtain. He therefore lied about his age, for which he was fined £50 by the Lord Mayor of London
in the magistrates' court
.
In 1928 he made his maiden speech
in the House of Lords, on the subject of road safety, in which he proposed introducing mandatory driving tests for anyone applying for a driving licence. During his career in the House he also argued for speed limits to be imposed.
unanimously held Russell responsible, the police charged him with a felony
. At first he was indicted
and committed for trial at the Old Bailey
, until it dawned on the courts that as he was a peer of the realm, only the House of Lords could try him for a felony. Since this had not occurred since 1901, when the 2nd Earl Russell
was convicted of bigamy
, the House set up a select committee to investigate the precedents and rules for such a proceeding.
The trial commenced on 12 December, with the Lord Chancellor
, Lord Hailsham
, presiding, in the capacity of Lord High Steward
appointed by the Crown for the occasion. The Attorney General
prosecuted the case. Admission to the public was by ticket only. This was to be the last ever trial in the House of Lords, since the right of peers to be tried by their peers for felonies was abolished in 1948. (The House still has the power to try impeachment
s).
Russell's defence was that Hopkins's vehicle had been travelling at excessive speed and that Russell had been compelled to switch lanes at the last moment to avoid a collision, only for the other vehicle to do the same. This defence was successful and he was acquitted.
Russell still faced another charge of dangerous driving, which was not a felony and therefore could not be tried in the House. He was due to be tried in the Old Bailey in January. However in view of his acquittal the prosecution abandoned their case and a verdict of not guilty was entered.
However this incident brought an end to his campaign for speed limits and driving tests, and he made no more speeches in the House of Lords for nearly forty years (by which time both measures had been introduced).
for libel
, settling out of court. He was also named as a co-respondent (alleged adulterer
) in a divorce case. However his own marriage survived.
Following his trial in the House of Lords, Russell gave up racing cars. He transferred to the Royal Army Ordnance Corps
in 1942 and the Royal Electrical and Mechanical Engineers
in 1943. In 1946, having reached the rank of lieutenant colonel, he joined the regular army
. He was appointed Officer of the Order of the British Empire (OBE) in the 1955 New Year Honours.
He divorced in 1973, having separated from his wife after the War, and married Mina Margaret in 1974.
He died in 1982 and was survived by his second wife and two sons by his first wife. He was succeeded as Baron de Clifford by his elder son, John Edward.
Order of the British Empire
The Most Excellent Order of the British Empire is an order of chivalry established on 4 June 1917 by George V of the United Kingdom. The Order comprises five classes in civil and military divisions...
, TD
Territorial Decoration
The Territorial Decoration was a medal of the United Kingdom awarded for long service in the Territorial Force and its successor, the Territorial Army...
(31 January 1907 – 3 January 1982) was the only son of Jack Southwell Russell, 25th Baron de Clifford
Baron de Clifford
Baron de Clifford is a title in the Peerage of England. It was created in 1299 for Robert de Clifford. The title was created by writ, which means that it can descend through both male and female lines. The de Clifford family settled in England after the Norman conquest and were a notable family in...
, and Eva Carrington
Eva Carrington
Eva Carrington was an actress, model and sometime peeress.-Modelling career:...
.
He was the last peer
Peerage of England
The Peerage of England comprises all peerages created in the Kingdom of England before the Act of Union in 1707. In that year, the Peerages of England and Scotland were replaced by one Peerage of Great Britain....
to be tried for a crime in the House of Lords
House of Lords
The House of Lords is the upper house of the Parliament of the United Kingdom. Like the House of Commons, it meets in the Palace of Westminster....
. He inherited his title aged two when his father was killed in a road accident. Coincidentally, his trial before the Lords in 1935 was for vehicular manslaughter.
Early life
He was educated at Eton CollegeEton College
Eton College, often referred to simply as Eton, is a British independent school for boys aged 13 to 18. It was founded in 1440 by King Henry VI as "The King's College of Our Lady of Eton besides Wyndsor"....
and studied engineering at Imperial College London
Imperial College London
Imperial College London is a public research university located in London, United Kingdom, specialising in science, engineering, business and medicine...
. In 1926 he was commissioned into the 21st (Royal Gloucestershire Hussars
Royal Gloucestershire Hussars
The Royal Gloucestershire Hussars was a unit of the British Army.Raised in 1795 following William Pitt's 1794 order to raise volunteer bodies of men to defend Great Britain, through various re-organisations, the Royal Gloucestershire Hussars remain today on the establishment of the Territorial...
) Armoured Car Company of the Territorial Army; he was promoted Lieutenant
Lieutenant
A lieutenant is a junior commissioned officer in many nations' armed forces. Typically, the rank of lieutenant in naval usage, while still a junior officer rank, is senior to the army rank...
in 1929 and Captain
Captain (British Army and Royal Marines)
Captain is a junior officer rank of the British Army and Royal Marines. It ranks above Lieutenant and below Major and has a NATO ranking code of OF-2. The rank is equivalent to a Lieutenant in the Royal Navy and to a Flight Lieutenant in the Royal Air Force...
in 1938. His hobby was racing cars, and he was a young supporter of fascist Oswald Mosley
Oswald Mosley
Sir Oswald Ernald Mosley, 6th Baronet, of Ancoats, was an English politician, known principally as the founder of the British Union of Fascists...
and his British Union of Fascists
British Union of Fascists
The British Union was a political party in the United Kingdom formed in 1932 by Sir Oswald Mosley as the British Union of Fascists, in 1936 it changed its name to the British Union of Fascists and National Socialists and then in 1937 to simply the British Union...
.
In 1926 he married Dorothy Evelyn Meyrick. Since he was only nineteen, the law at the time required him to have his mother's consent to the marriage, which he knew he could not obtain. He therefore lied about his age, for which he was fined £50 by the Lord Mayor of London
Lord Mayor of London
The Right Honourable Lord Mayor of London is the legal title for the Mayor of the City of London Corporation. The Lord Mayor of London is to be distinguished from the Mayor of London; the former is an officer only of the City of London, while the Mayor of London is the Mayor of Greater London and...
in the magistrates' court
Magistrates' Court
A magistrates' court or court of petty sessions, formerly known as a police court, is the lowest level of court in England and Wales and many other common law jurisdictions...
.
In 1928 he made his maiden speech
Maiden speech
A maiden speech is the first speech given by a newly elected or appointed member of a legislature or parliament.Traditions surrounding maiden speeches vary from country to country...
in the House of Lords, on the subject of road safety, in which he proposed introducing mandatory driving tests for anyone applying for a driving licence. During his career in the House he also argued for speed limits to be imposed.
Trial in the House of Lords
On 15 August 1935 Russell killed a man, Douglas George Hopkins, in a head-on collision while driving his sports car on the wrong side of the road. When a jury in the coroner's courtCoroner
A coroner is a government official who* Investigates human deaths* Determines cause of death* Issues death certificates* Maintains death records* Responds to deaths in mass disasters* Identifies unknown dead* Other functions depending on local laws...
unanimously held Russell responsible, the police charged him with a felony
Felony
A felony is a serious crime in the common law countries. The term originates from English common law where felonies were originally crimes which involved the confiscation of a convicted person's land and goods; other crimes were called misdemeanors...
. At first he was indicted
Indictment
An indictment , in the common-law legal system, is a formal accusation that a person has committed a crime. In jurisdictions that maintain the concept of felonies, the serious criminal offence is a felony; jurisdictions that lack the concept of felonies often use that of an indictable offence—an...
and committed for trial at the Old Bailey
Old Bailey
The Central Criminal Court in England and Wales, commonly known as the Old Bailey from the street in which it stands, is a court building in central London, one of a number of buildings housing the Crown Court...
, until it dawned on the courts that as he was a peer of the realm, only the House of Lords could try him for a felony. Since this had not occurred since 1901, when the 2nd Earl Russell
Frank Russell, 2nd Earl Russell
John Francis Stanley Russell, 2nd Earl Russell known as Frank Russell, was the elder surviving son of Viscount Amberley and his wife the Honourable Katharine Stanley, and was raised by his paternal grandparents after his non-conventional parents both died young...
was convicted of bigamy
Bigamy
In cultures that practice marital monogamy, bigamy is the act of entering into a marriage with one person while still legally married to another. Bigamy is a crime in most western countries, and when it occurs in this context often neither the first nor second spouse is aware of the other...
, the House set up a select committee to investigate the precedents and rules for such a proceeding.
The trial commenced on 12 December, with the Lord Chancellor
Lord Chancellor
The Lord High Chancellor of Great Britain, or Lord Chancellor, is a senior and important functionary in the government of the United Kingdom. He is the second highest ranking of the Great Officers of State, ranking only after the Lord High Steward. The Lord Chancellor is appointed by the Sovereign...
, Lord Hailsham
Douglas Hogg, 1st Viscount Hailsham
Douglas McGarel Hogg, 1st Viscount Hailsham PC was a British lawyer and Conservative politician.-Background:...
, presiding, in the capacity of Lord High Steward
Lord High Steward
The position of Lord High Steward of England is the first of the Great Officers of State. The office has generally remained vacant since 1421, except at coronations and during the trials of peers in the House of Lords, when the Lord High Steward presides. In general, but not invariably, the Lord...
appointed by the Crown for the occasion. The Attorney General
Attorney General for England and Wales
Her Majesty's Attorney General for England and Wales, usually known simply as the Attorney General, is one of the Law Officers of the Crown. Along with the subordinate Solicitor General for England and Wales, the Attorney General serves as the chief legal adviser of the Crown and its government in...
prosecuted the case. Admission to the public was by ticket only. This was to be the last ever trial in the House of Lords, since the right of peers to be tried by their peers for felonies was abolished in 1948. (The House still has the power to try impeachment
Impeachment
Impeachment is a formal process in which an official is accused of unlawful activity, the outcome of which, depending on the country, may include the removal of that official from office as well as other punishment....
s).
Russell's defence was that Hopkins's vehicle had been travelling at excessive speed and that Russell had been compelled to switch lanes at the last moment to avoid a collision, only for the other vehicle to do the same. This defence was successful and he was acquitted.
Russell still faced another charge of dangerous driving, which was not a felony and therefore could not be tried in the House. He was due to be tried in the Old Bailey in January. However in view of his acquittal the prosecution abandoned their case and a verdict of not guilty was entered.
However this incident brought an end to his campaign for speed limits and driving tests, and he made no more speeches in the House of Lords for nearly forty years (by which time both measures had been introduced).
Life after the trial
These were not the last judicial proceedings in which Russell was involved. In 1936 he sued The SpectatorThe Spectator
The Spectator is a weekly British magazine first published on 6 July 1828. It is currently owned by David and Frederick Barclay, who also owns The Daily Telegraph. Its principal subject areas are politics and culture...
for libel
Slander and libel
Defamation—also called calumny, vilification, traducement, slander , and libel —is the communication of a statement that makes a claim, expressly stated or implied to be factual, that may give an individual, business, product, group, government, or nation a negative image...
, settling out of court. He was also named as a co-respondent (alleged adulterer
Adultery
Adultery is sexual infidelity to one's spouse, and is a form of extramarital sex. It originally referred only to sex between a woman who was married and a person other than her spouse. Even in cases of separation from one's spouse, an extramarital affair is still considered adultery.Adultery is...
) in a divorce case. However his own marriage survived.
Following his trial in the House of Lords, Russell gave up racing cars. He transferred to the Royal Army Ordnance Corps
Royal Army Ordnance Corps
The Royal Army Ordnance Corps was a corps of the British Army. It dealt only with the supply and maintenance of weaponry, munitions and other military equipment until 1965, when it took over most other supply functions, as well as the provision of staff clerks, from the Royal Army Service...
in 1942 and the Royal Electrical and Mechanical Engineers
Royal Electrical and Mechanical Engineers
The Corps of Royal Electrical and Mechanical Engineers is a corps of the British Army that has responsibility for the maintenance, servicing and inspection of almost every electrical and mechanical piece of equipment within the British Army from Challenger II main battle tanks and WAH64 Apache...
in 1943. In 1946, having reached the rank of lieutenant colonel, he joined the regular army
British Army
The British Army is the land warfare branch of Her Majesty's Armed Forces in the United Kingdom. It came into being with the unification of the Kingdom of England and Scotland into the Kingdom of Great Britain in 1707. The new British Army incorporated Regiments that had already existed in England...
. He was appointed Officer of the Order of the British Empire (OBE) in the 1955 New Year Honours.
He divorced in 1973, having separated from his wife after the War, and married Mina Margaret in 1974.
He died in 1982 and was survived by his second wife and two sons by his first wife. He was succeeded as Baron de Clifford by his elder son, John Edward.
See also
- Henry Dundas, 1st Viscount MelvilleHenry Dundas, 1st Viscount MelvilleHenry Dundas, 1st Viscount Melville PC and Baron Dunira was a Scottish lawyer and politician. He was the first Secretary of State for War and the last person to be impeached in the United Kingdom....
, the last person to be tried in the House of Lords on impeachment. - List of trials of peers in the House of Lords