The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1882-05-29
A Remarkable Case.
Which Goes to Show that it is not AL
ways Best to Convict Man Purely up
on Circumstantial Evidence.
[st. Louis elobe-pemocrat.l

[St. Louis Globe-Democrat.l
A rather remarkable criminal case, showing
the danger of conviction on circumstantial evil
dence, has recently developed in Mount Vernon
Posey, County, Ind. On January %, 1881, the
town was very much excited by the robbery OF
DIR. Spencer, a well-known physician, and an
attempt to murder him. The particulars of the
robbery, which are still fresh in the minds 81
every one in that portion of the State, are as
follows: Or Spencer had collected $1,000 on
that day from enc of his tenants and the sup
posi- ion was that be had the money on his per
son. About eight o'clock that night, as he was
going from his Office to his home, which is only
a short distance off, he vas followed and, when
within few feet Of his door, set upon, knock
ed IN The head and robsed. He bad, however,
deposited the money in bank, and ths robbers
obtained only small sum and case of instru-
menis. The town was terribly excited over the
affair, and soon every one was on the alert to
catch the slightest cew as to who the parties
were. Quite number of persons were arrest
ed on suspicion, and among the number were
the three men named Francis Moore, Ben
Kemper, and John Reed. A man named VIM.
Morgan, who had acquired pretty hard char
acter, having been one Of the famous "cow-
boys" in the West, was known to be in town
the night of the robbery, but left the next day.
Suspicion rested on him, and he was tracked
out of the city and finally arrested on "Deyil's
Island" IN the Mississippi, and brought back
He remained in Mount Vernon week, and
was finally put upon the stand to give his testi-
mony, and to the surprise of all he gave clear
account of the robbery. Moore was then on
trial and was convicted on his evidence, coup
led with other very responsible parties. He
stated that he was in town the night the rob-
berry was committed and was on his way to
church. He passed the doctors house and be-
came unwillingly witness to the whole affair
He stated that four men committed the rob.
berry after having knocked the doctor in the
head with Ratchet Three of the men he
identified as Moore, Reed and Kemper, the
three men who were arrested on suspicion; the
othero ne he could not identify. The other evil
dence against Moore was very strong, but en-
tirely circumstantial Reliable persons testi
fed that he know the doctor had collected the
money. He was seen to follow him around all
day, and when he left the office to go home
that night man had seen Moore dog his foot
steps, with Ratchet in his hand, and both OF
them disappeared Upon this combined evi
dence Moore was convicted at the November
term OF court and sentenced to fourteen years
in the Penitentiary at Jacksonville. He was
sent up short time afterward and is there now
The two men, Reed and Kemper, were tried
separately, and on the evidence of Morgan wht
testified that one of the men was Reed, he wal
on last Friday sentenced to eight years in thu
Penitentiary. The trial of Kemper, the re
naming man, commenced last Saturday, anC
it was then that the whole story was found out
to be fallacy. Morgan had never been sub
lected to severe cross examination, but on
this trial Mai. Menzes, for the defense de
termined to test his story. He was taken int
a private room and there cross examined by
Maj. Menzes and Judge Edison until he wa
tangled up and forced to make an open COMES
sion. He stated that he and man named
VIM. Phenix had followed the doctor from his
Office, thinking that he had the money on his
person, knocked him in the head with hatch
ct and then robbed him. In the construction
of his testimony against Moore and two others
Morgan had shown remarkable cunning. He
was in town for about week before the trial
and had found out what all the witnesses sum-
moned knew about the matter, and then con-
structed his story to correspond with theirs.
For instance, one man heard, or thought he
heard, signal whistles, and another heard foul
men run by his house. In his testimony
Morgan described the signal whistles and the
four men running thus cunningly weaving a
chain of circumstantial evidence strong enough
to convict any man. After his confession how
ever, an entirely new face was put on the mat
ter. The men who had sworn they saw Moore
following DR.. Spencer home then testified that
it was case of mistaken identity, and the
whole chain was completely broken Motions
have been made to give both the men convict
ed new trials, and it is probable that all save
the guilty parties will be released. The unex-
pectcd ending of the trial has created much
comment and great deal of excitement, while
no little satisfaction is felt at the turn affairs
have taken.