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Cross-Examination by Sir Charles Russell of Pigott Before The Parnell Commission
Cross-Examination by Sir Charles Russell of Pigott Before The Parnell Commission
Sir Charles Russell1 - (1832 - 1900). He cross-examined Richard Pigott, the chief
witness in the investigation growing out of the attack on Charles S. Parnell. He was
the Lord Chief Justice of England from June 1894 till his death. He was also known
as Baron Russell of Killowen. He was an Irish statesman of the 19th century. In his
career he proved himself to be a masterful lawyer, judge, and parliamentarian. He also
maintained a strong loyalty to his Catholic faith and to Ireland. Despite this, he
achieved widespread popularity in England.
Charles Steward Parnell2 - (1846 – 1891, A man accused of being involved in the
murder of Lord Cavendish and Mr Burke. He was an Irish Nationalist, a member of
the British Parliament (1875–91), and the leader of the struggle for Irish Home Rule
in the late 19th century. He was defended by Sir Charles Russell.
Richard Pigott3 - The witness who was suspected to have forged the letter that was
published by the Times.
Archbishop William Walsh4 - Pigott addressed his letter against Parnell to
Archbishop Walsh.
Mr Houston8 - Secretary of the Irish Loyal and Patriotic Union, who had bought the
incriminatory letter from Pigott.
1
Retrieved from http://www.askaboutireland.ie/narrative-notes/sir-charles-russell/index.xml
2
Retrieved from https://www.britannica.com/biography/Charles-Stewart-Parnell
3
Retrieved from
https://seamusdubhghaill.com/2017/02/10/richard-pigott-exposed-as-forger-of-phoenix-park-letters/
4
Retrieved from https://www.irishtimes.com/culture/heritage/under-a-bad-spell-1.170430
5
4 above
6
4 above
7
Capital of Ireland
8
4 above
SUMMARY
Lord Frederick Cavendish (Chief Secretary of Ireland had taken an oath on May 6,
1882) and Mr Burke (Under Secretary of Ireland), were murdered in Phoenix Park,
Dublin on May 6, 1882. Charles S. Parnell and sixty-five Irish members of the
Parliament were suspected to be involved in the murder. The suspicion arose because
of a facsimile letter that was published in the Times, that suggested Parnell supported
those who carried out the brutal Phoenix Park murders Lord Frederick Cavendish, and
Thomas H.Burke in May 1882. The question that arose in people’s minds was: Was
Charles Parnell responsible in some way for the murder?
Parnell vehemently denied the veracity of the letter. His involvement in the murder
was first brought to public knowledge by the publication of Parnell’s letter, a
facsimile one, in which the sentence. “I cannot refuse to admit that Burke got no more
than his deserts”, seemed to ascertain his involvement in the crime. Whether the letter
was actually written by Parnell, as was claimed by the Times was a matter to be
debated upon, as Parnell stated in the House of Commons, that the letter was a forged
one. The Government, much against its wishes, eventually relented to appoint a
special committee that had three judges to investigate all the charges on Parnell, as
was made in the facsimile letter published by the Times.
Sir Charles Russell, an eminent lawyer, undertook the defence of Parnell. In the
process, he cross-examined Mr Pigott, who had sold the damaging letter, supposedly
written by Parnell, to Mr Houston, the secretary of the Irish Loyal and Patriotic Union,
who had, in turn, sold it to the Times. Pigott claimed that he had been employed by
the Irish Loyal and Patriotic Union to hunt up for the documents which might
incriminate Parnell. So, through his sources, he had bought the letter from an Irish
republican organization in Paris, Clan-na-Gael9. Since Pigott had the answers to these
questions, he had to be cross-examined which proved to be one of the most dramatic,
successful and celebrated cross-examinations in the history of English Courts. The
common people looked forward to the day when Pigott would go into the box and tell
his story about the letter in question published by the Times in facsimile.
The first evidence that Sir Russell established was the spelling of the word, hesitancy
which was misspelt as ‘ hesitency’, in the facsimile published by the Times. The
suspicion that Pigott was behind this forgery was ascertained because Pigott in one of
his letters to Patrick Egan, a member of the Irish member of Parliament, had misspelt
the word hesitancy as ‘hesitency’.
Egan believed that the letter in question had been forged and had conveyed this to
Russell. Russell began his cross-examination in a very suave and assertive manner
9
A secret society of Irish Fenians founded in Philadelphia in 1881.
Comprehension:
Answer 1: The ‘damaging letter’ in reference was the letter allegedly written by
Charles S. Parnell, an Irish member of the British Parliament, which was published by
the Times. The letter indicated that Parnell supported and justified the Phoenix Park
murders.
Parnell and sixty-five Irish members of the Parliament were said to be involved in the
murder of Lord Frederick Cavendish (Chief Secretary for Ireland) and Mr Burke
(Under Secretary for Ireland) for having justified the murder. Their involvement in
the murder was first brought to public knowledge by the publication of Parnell’s letter,
a facsimile one in the Times, in which the sentence, “I cannot refuse to admit that
Burke got no more than his deserts.”, pointed a finger at Parnell. Whether this letter
was actually written by Parnell or not was questionable, as Parnell stated in the House
of Commons that the letter was a forged one. As per Pigott, Parnell and the sixty-five
Irish members of the Parliament were also believed to have belonged to a lawless and
even murderous organization, whose aim was to overthrow the English rule in Ireland.
The first evidence that Sir Russell established in the so-called ‘damaging letter' that
was supposedly written by Parnell was the spelling of the word, hesitancy which was
misspelt as ‘ hesitency’, in the facsimile published by the Times. The suspicion that
Pigott was behind this forgery was ascertained because Pigott in one of his letters to
Patrick Egan, a member of the Irish member of Parliament, had misspelt the word
hesitancy as ‘hesitency’. Pigott, a former newspaper editor by profession, had a
history of using atrocious spellings in his writings. Russell in a very suave but firm
manner cross-examined Pigott and established among other lies that Pigott knew
when the facsimile letter as part of series of articles on “Parnellism and Crime” was to
be published by the Times, i.e on 7th March 1887, which he had denied initially.
Question 2: How did Pigott say he came by the letter written by Parnell?
Answer 2: Pigott claimed that he had been employed by the Irish Loyal and Patriotic
Union to hunt up for documents, which might incriminate Parnell. So, through his
sources, he had bought the facsimile from an agent of Clan-na-Gael, an Irish
10
the offence of willfully telling an untruth or making a misrepresentation under oath
11
the action of forging a copy or imitation of a document, signature, banknote, or work of art.
Question 3: Why did Lord Russell ask Pigott to write a number of words?
Answer 3: The suspicion that Pigott was behind this forgery was ascertained because
Pigott in one of his letters to Patrick Egan, a member of the Irish member of
Parliament, had misspelt the word hesitancy as ‘hesitency’. There seemed to be a
similar error in the facsimile letter published in the Times, in the way the word
hesitancy was misspelt. Moreover, Pigott had a history of using atrocious spellings in
his writings while he was a former newspaper editor. To establish in the court, that it
was indeed Pigott who had forged the ‘damaging letter’, Sir Charles Russell in an
unassuming way, without making it evident to Pigott, asked him to write the spellings
of the words, livelihood, likelihood, proselytism, Patrick Egan and P. Egan one after
another. At the end of the cross-examination, almost as an afterthought and very
apologetically, Russell asked Pigott to write the word hesitancy. Then to divert
Pigott’s attention, Russell asked Pigott to write the word hesitancy with a small ‘h’.
Pigott looked relieved. In doing so, however, little did he know that it was Pigott’s
spelling of this word that put the Irish members on his scent. This was the main
evidence Russell looked at procuring in the court to incriminate Pigott..
Earlier, Patrick Egan, in one of the incriminatory letters, written by Pigott, on seeing
the word hesitancy spelt with an ‘e’, had written to Parnell, saying in effect, “Pigott
is the forger. He said, “In the letter ascribed to you hesitancy is spelt ‘hesitency’. That
is the way Pigott always spells the word”. This was the clinching evidence that
Russell wanted to gather, which he did successfully during his cross-examination in
the court.
Question 4: What tactics and to what effect did Lord Russell use in his
cross-examination of Pigott in order to discover the truth?
Answer 4: On the 7th of March 1887, when the Times had published the damaging
letter, as claimed to have been written by Charles Parnell , the trail of events led to the
Times having accessed it from one Mr Houston, the secretary of the Irish Loyal and
Patriotic Union, who had in turn bought it from Pigott who had sourced it from an
agent of Clan-na-Gael, functioning out of Paris. Parnell stated in the House of
Commons that the letter published by the Times was forged and after much
deliberation, the Government appointed a three-judge committee to look into the
matter. Sir Charles Russell took up the case to defend Parnell. Prior to taking up this
responsibility, Russell first returned to the Times the retainer fee he enjoyed from
them for many previous years.
The biggest evidence that Russell had against Pigott, who had forged the facsimile
letter was as follows.
Pigott was not quite good at spellings contrary to what one might have expected a
former newspaper editor to be. In one of his previous correspondences with Patrick
Egan, a member of the Irish member of Parliament, Pigott had misspelt the word
‘hesitancy’ as ‘hesitency’. In the facsimile letter published in the Times too, the word
‘hesitancy’ was misspelt. To establish that it was indeed Pigott who had forged the
‘damaging letter’ in the court, Sir Charles Russell in an unassuming way, without
making it evident to Pigott asked him to write the spellings of the words, livelihood,
likelihood, proselytism, Patrick Egan and P. Egan one after the other. At the end as
Answer 5: Pigott first denied that he was aware of the publication of the facsimile
letter that was published in the Times on the 7th of March, 1887, which implicated
Charles Parnell’s hand directly or indirectly in the murder of Lord Frederick
Cavendish (Chief Secretary of Ireland) and Mr. Burke (Under Secretary of Ireland),
who were murdered in Phoenix Park, Dublin on May 6, 1882. In fact, Pigott denied
being aware of the intended publication of the correspondence too. He claimed that he
was not aware of the grave charges to be made against Parnell and the leading
members of the Land League12 until the time when the article first appeared in the
newspaper.
When Pigott was questioned about the details of certain proceedings that were in
preparation with the object of destroying the influence of the Parnellite party in
Parliament, that he had claimed to be aware of, as per the letter he had written to
Archbishop Walsh, which was dated 4th of March, 1887, three days before the
publication of the Times article on “Parnellism and Crime”; Pigott told Russell and
the court that he could not recollect what he meant by certain proceedings. Upon
being repeatedly questioned by Russell if the certain proceedings referred to the
incriminatory letter against Parnell, Pigott in his defence replied in the negative. Later
he admitted that some of the letters had been obtained from an agent of Clan-na-Gael.
He changed his stance and admitted that he had heard rumours about the letters that
were to be published after the 7th of March, 1887. All the while he maintained that he
had no knowledge of the damaging letter, as claimed to have been written by Parnell,
the facsimile of which was published in the The Times on the 7th of March, 1887.
Though Pigott claimed that he was not aware of the facsimile letter to be printed in
the Times, Russell caught him red-handed, as in one of his letters to the Archbishop,
he had specifically written, mentioning about how Parnell and other members would
get implicated once certain statements would be published for the public to consume.
Upon getting caught, Pigott tried to escape from the situation in vain.
Pigott in the process of cross-examination also admitted to writing an untrue
statement to the Archbishop about the involvement of Parnell in the murder just to
add strength to his earlier claims of how Parnell was a dangerous man. When
questioned about the reason for writing to the Archbishop and if he had written to
assure the Archbishop that he/ Pigott had the wherewithal to successfully combat and
defeat Parnell’s designs in conspiring against the British Parliament, he could give no
explanation. He sought his defence in the fact that his memory was blank on this
aspect. Pigott couldn't really defend himself properly. When Russell asked him to
explain what he meant by that he could furnish details and exhibit proofs against
Parnell and party, he took the refuge of memory loss yet again!
His noose was further tightened when Russell read out the part of the letter where
Pigott had subtly indicated to the Archbishop when he received no response from the
Archbishop to his letters, where he mentioned there was no need for the Archbishop
to shield the accused Parnell as all the evidence pointed against Parnell. He also had
written saying that should the Archbishop not want to act upon advising legal action
12
Irish political organization
References:
1. Bhatnagar, R.P., (2016), Law and Language, “Cross-examination of Pigott before
the Parnell Commission”, ISBN: 978-93-5138-012-2, Bangalore, M.P.P. House,
pp. 59-108
2. Wellman Francis H. © 2005-2009. Trial Theatre, Orlando, Florida. Chapter XIII