The Portland daily press., 1871-08-16
JOHN G. COBB, Chairman
Circumstantial Evidence.
JOHN c. sPENCER's "RoPE".

Mr.. Proctor writes, in Bench and Bar:
1t may be said that John G. Spencer was
the philosopher and Ogden Hoffman the poet
like Tafourd, the great judicial poet of Eng
land, actually divided his time between law
and poetry, or like Lord Tenderten, more
proud of his imabics and hexameters than of
lis triumphs at the bar. Yet Mr.. Hoffman
did not yield to the opinion that legal argu-
ments and forensic efforts require no decora-
tion to render them forcible and effective. He
did not, therefore, endeavor to emancipate
himself from all oratOrical rules and the
graces of rhetoric; but he knew how to adapt
his elocution to profoundly and cOmprehen-
siveness-the rules of lOgic-the philosophy
of the ''dull black letter OF the law" Often,
however, before jury, his vivacity-hs facili-
ty of sentiment-his power of picturesque IL
lustratiOns-his pathos, aroused emotions
something like those created by the inspira-
ton of the poet.
Another feature of Mr.. Spencer's mind was
the singular sagacity with which he seized up
on questions OF fact, the facility with which
he disentangled the point in dispute from
sophistry and error, and in reducing per-
picked and elaborate question OF law to plain
problem of common sense. Thus, without
the magic of Mr.. Hoffman's eloquence, he
was dS pOWcTlul UclOlc JuI % hC was DS
fore 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 VS.. How, at Angelica, in 1924. That
was case peculiarly adapted to the facile and
kinding eloquence of Hoffman, but it was
managed with signal success by the unimpas-
stoned Spencer, who, by the force of reason
and argument alone, overthrew the hypothe-
,;oIx b,,il opd brilliant
defence. Here he solved the legal PROPOSE
tions in the case with mathematical facility,
dissipated the subtle arguments advanced and
sustained by his powerful opponent with the
attractions of his singular logical pOwera. 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 ora
tor, the power of convincing.
David ID, How, the prisoner at the bar was
charged with ga secret black and midnight"
murder, winch flied the CUunJry with hofror.
Church, a respectable citizen, was called from
his bed and shot dead by an assassin, who
vanished amid the darkness of the light,
with the shrieks of the new made widow ring
| ing in his ears. Suspicion fastened upon
How. He was indicted and brought to trial.
| To secure his conviction, John c. Spencer
| was retained to aid the District Attorney
| The defense was powerful, sagacious and un-
scrupulous, strongly sustained by public opin-
| ion. ' i1 .l
In conducting the prosecution, Spencer was
| obliged to rely upon number OF clrcum-
stances, more or less remote. In combining
them, he prepared his celebrated rope or ca
BILE, which dragged the prisoner to the gallows.
"Gentlemen," said he, "were 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 fas-
| ten SO that it would not float away, and you
possessed numerous small cords OF sufficient
tempt to hold it by a single cord: !: you would
| rather twist and combine them all into one
LARGE and strong rope, which you would at
| tach to the vessel, make it fast to the land,
and then you would hold it beyond the pow
er of wind and waves. So with the circum-
stances in this case, shall form rope or ca
| BILE out of these circumstances, remotely con,
nected as they appear to be, by which shall
connect the accused with this dreadful trage-
DIV. as it's dark and malignant perpetrator."
| 1Tbus with elaborate nicety and fatal prec1S