The Placer herald., 1871-10-21

ClRCUMSTANTIAL EVIDENCE.
John G. Spencer's 90 Rope"
Mr.. Proctor writes in Bench and Bar:

like Talfourd, the great judicial poet Of Eng
land, actually divided bis time between law
and poetry, or like Lord Tenderten, more
proud Of his maibies and hexametcrs than Of
his triumphs at the bar. Yet Mr.. Hoffman
did not yield TO the opinion that legal argu-
ments and forensic efforts require no decora-
ton to render them forciblc and effective.
He did not, therefore, endeavor to emanci-
pate himself from all oratorical rules and the
graces of rhetoric; but he knew how to adapt
his eocution to profundity and comprohen-
siveness-the rules of logic-th philosophy
of the 'dull black letter of the law" Often,
however, before jury, his vivacity-his
facility of sentiment, his power of picturesque
illustrations-his pathos, aroused emotions
something like those created by the inspi a
ton of the poet.
Another feature of Mr. Spencers mind
was the singular sagacity with which he
seized upon questions Of fact, the facility
with which he dsentangled the point in dis
pute from sophistry and error, and in reduc-
ing perpleXed and elaborate question of law
to a plain problem Of common sense. Thus,
without the magic of Mr.. Hcllmans elo-
quence, he was as powerful before jury as
he was before those courts where nothing
but plain questions of law are discussed and
settled. This was fully demonstrated by
the manner in which he conducted the great
case of the People ve. How, at Angelica, III
1854. That was case peculiarly adapted
to the faeile and kindlins eloquence Of Hoff-
man, but it was managed with signal sue
cess by the unimpassioncd Spencer, who, by
the force Of reason and argument alone,
overthrow the hypothesis Oh which was
built powerful and brilliant defense Here
he solved the legal propositions in the case
with mathematical facility, dissipated the
subtle arguments advanced and sustained by
his singular logical powers. He made no
effort to gain the sympathy or arouse the
passions of the jury, yet he controlled and
held them with the highest power of the
orator, the power Of convincing.
David II. How, the prisoner at the bar,
was charged with Secret, black and mid
night murder, which filed the country with
horror. Church, a respectable citizen, was
called from his bed and shot dead by an
assassin who vanished amid the darkness Of
the night, with the shrieks of the new made
widow ringing in his ears. Suspicion fast
ened upon How. He was indicted and
brought to trial. To secure his conviction,
John c. Spencer was retained to assist the
District Attorney. The defense was power
full, sagacious and unscrupulous, strongly
sustained by public opinion.
In conducting the prosecution, Spencer
was obliged TO re y upon number Of cir
cumstancs more or less remote. In com6in-
ing them, he prepared his celebrated rope
or cable which dragged the prisoner to the
gallows.
''Gentlemen, said he, "wcrc you on the
shore of river or lake, where vessel was
moored which you wished to draw to some
particular point, or which you wished to
tasten so that it would not float away, and
you possessed numerous small cords of sutii-
cient length to reach tie boat, You would
not attempt to hold it by single cord; you
would rather twist and combine them all
into one large and strong rope, which you
would attach TO the vessel, make it fast to
the land, and then you would hold it beyond
the power of wind and waves. So with the
circumstances in this case | shall form
rope or cable out of these circumstances, re-
motely connected as they appear to be, by
which | will connect the accused with this
dreadful tragedy, as its dark and malignant
perpetrator."
Thus, with elaborate nicely and fatal pre-
cision, he commenced the task of gathering
together all the circumstances Of the case;
of forming this rope Of circumstantial evi-
dence. With the skill of master builder,
he matched each separate circumstance with
another. Step by step he followed How,
through the fatal night Of the 23d Of De-
cember, from Angelica to his own house,
where he seized his rife, and from thence to
the house of Church. "Thus, gentlemen, .
he continued, "the prisoner at the bar was
the almost invisible horseman who passed
the house where the woman was watching
her sick child; it was him who called the
murdered man from his bed and slew him at
his own door. 1t was he who rode with the
speed of the wind by the house where lay
the sick child. This is plainly told by the
prisoners horse being found in the morning
covered with sweat, and foot weary; by the
fatal ball fitting the rifle Of the accused; the
patch found near the murdered victim COM
pairing with those in the box Of the rifle;
the hair of the horse adhering to the lock of
the gun; the bitter hatred, the threat Of
vengeance. These, gentlemen, with other
circumstances, form the rope, the chain, the
strength of circumstantial evidence founded
on the common features Of the human char
acter, and Of the motive passion and feel
ings, by which the mind is usually inhu-
enced. " 1t is perhaps unnecessary to add
that How was convicted and executed.
Samples of mesquit or Texas grass four