The Douglas independent. [volume] (Roseburg, Or.) 187?-1885, 1879-11-01
John Van Buren.

His grave is on an eminence near the
fairgrounds of the cemetery. His mon
ument, which is of marble, is surmount
ed by beautiful cross, entwined with
carved vine in imitation of ivy. Prince
John, as he was generally called, it is
ell-known, made tour of Europe In
1866, and died while on his voyage home-
| ward. At the time of his deeease he was
in the fifty-sixth year of his age. As
political speaker he had no superior per-
haps in this country, as many yet living
can testify who heard his eloquent ad-
dresses in the Presidential campaign of
1S4S. His talents, it is well known, were
of the very highest order. As an adyo-
cate he had few equals in the State. The
versatility of his powers, his keen irony,
his brilliant, ready and often caustic wit,
his unfailing good humor, his perfect
| self possession, his remarkable quickness
| of perception, and his extensive and in
innate acquaintance with established
| legal principles, rendered him a formid-
able advocate at the circuit.
| As might be expected he was skillful
| cross-examiner of witnesses, and q cor
rupt or unwilling witness had much to
fear when subjected to the ordeal of
cross-examination by Mr.. Van Buren. A
cause of much importance was pending
in one of the Circuit Courts of this State
about quarter of a century ago, at the
trial of which was present. On that
| occasion Mr.. Van Buren exhibited much
skill in his cross examination of the wit
nesses, and in his treatment of their tes-
timony before the jury. The leading
| counsel opposed was that giant of the
bar, Joshua A. Spencer, who was then
in the zenith of his fame; man of a
| very dignified presence and the most
courteous manners, and an advocate of
the most commanding and persuasive
eloquence. The plaintiff had instituted
legal proceeding to be placed in the
possession of certain lands, claiming title
under deed which the defendant al
legged was fraudulently obtained from
| the grantor named in the conveyance
| Mr.. Van Buren, was counsel for the de-
| fendant. A witness by the name of
Machin, called by Mr.. Spencer, the
plaintiffs counsel, m de certain state
ments which, if believed by the jury,
would be fatal to the defense. The
jury, however. disagreed. At the SUBJ
sequent trial, Machin, who had been
cross-examined with great rigor by Mr..
Van Buren, on the first trial of the cause,
did not make his appearance; but man
by the name of Simpser was called to
supply his place. The new witness was
severely handled by Mr.. Van Buren,
and during his cross-examination, which
was extended to a very great length
he drank water both frequently and
copiously. Prince John disposed of the
: new witness in this brief and adriot way
in his address to the jury: .sYou have
i all, gentlemen, doubtless heard the for
mer trial of this cause and all whom
have heard of that trial have heard o
Machin and all whom have heard O
Machin have heard of his sufferings
, death and burial on that occasion ant
! now from the grave of Machin has sud
denly sprung the witness Simpser, ant
heaven knows there never was a plan
that needed SO much training dnc
,rdteriag.'
E The effect of these words was wonder
{ full. No words certainly could have beeI
! more adrioitiy spoken, or could hav
i been more effectual in awakening suspi
!, cion, in the minds of the jurors, of th
j integrity both of plaintiff and witness
, I here give no opinion as to the merits O
, the cause or the integrity of the witness
! and have merely stated facts as the
! occurred.
. 1t was my purpose mainly in this art
q Gle to furnish some "reminiscences of til
three distinguished lawyers whose grave
in the Rural Cemetery / had recentl
visited; and having done this l mus
I bring it to close. 1t is possible that i
3 what 1 have written / have fallen int
some anachronisms and errors of opinion
:, but have aimed to be correct in m
I statements and faithful in the character
\ ization of men whose commanding talent
excited my admiration and to who's
!, memories, now that they are no more,
would pay that tribute of respect eve
due to those who leave behind them a
honorable record, and achieve for then
selves an enviable fame.
But, after all, how little is known /
= mankind generally of the able iuriscol
suit, now no more, who even less tha
Al half a century ago swayed the minds
II learned judges on the bench by the for,
t, of his reasonings and the vastness of Ii
r, legal erudition The scanty memoria
I'd of his genius and learning are now on
y to be found in the volumes of report.
10 cases to which few but the members
the legal profession have access al
a how little also, after the lapse of t
e. same number of years. is remembered
K the great advocate who had entertain
. admiring audiences assembled in o
temples of justice, with the sallies of |
wit and the flashes of his genius, and h
ch held jurors spell-bound by the magic
'st his eloquence 1t is sad reflection tn
o. after the night dews of even only qu
an ter of a century shall have rested up
ut his head, his sayings and doings," vi
er perhaps few distinguished exception
flt win inger chiefly in the minds of m
IN as traditions of past generation
no But how heeting and insubstantial is
es, earthly fame
iie when fatne's loud :,unp hsth blown its
3eS blest blast
las Though long the sou nj the echo seep ps It's Il
"a Aod glory, like the Phoenix midst her fire
~ Exhaies her odors, blazes an expires -