MR. JUSTICE MOODY the prosecution was in large part circum stantial, of course most safely convincing if its predicates are established, but requiring logical powers of the highest order for its presentation. We have had frequent occa sion to consult the verbatim reports of this trial, and it is to be regretted that they cannot yet -be published, for more instruc tive discussions on contested points of evi dence are not to be found in any books than those contributed by Mr. Moody in this case. His arguments are evidently, for the most part, extemporaneous, yet they disclose his singularly accurate and concise diction, his clear, forceful, and convincing analysis; in deed, it will excite wonder in the lawyer who reads the records that the contentions of the Commonwealth in some particulars were not sustained by the court. The result of the trial must have been much affected by the exclusion of some evidence offered by the state. Certainly Mr. Moody's argu ments for its admission, and the weight of authority offered in its support, have left regrets that the issue could not have come for final decision to the full court. Before Mr. Moody's departure for his con gressional service, he had become one of the very first trial lawyers in the state, ranking even with those whose fame is part of the proud history and tradition of our Bar. He knows his fellow-men, his perceptions are as keen as his human sympathies, and his alert mind gave him wonderful control over hostile witnesses, who could neither re sist nor elude his attacks in search of the truth. His cross-examinations are among the finest example of that most effective, yet most hazardous, feature of a trial. His arguments on fact were as convincing as the result of chemical analysis, precise as mathe matical demonstration, aggressive, invigor ated by caustic comment on the errors or misconceptions of his adversary, enlivened by shrewd humor, exhibiting always the sav ing quality of an infallible common sense. He had regard always to the tribunal before which he presented his cause, as well as to
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the cause itself. Sincere, earnest, unpreten tious, his vigorous, upright manhood was as potent in bringing him success at the Bar as it has been, and is, in making him one of the commanding figures in our national life, hold ing the unquestioning confidence of Presi dent and of people. In Congress he served no novitiate of passive acquiescence in party policy. Trained to the highest capacity in debate, he was at once the recognized equal of his most experi enced colleagues. His influence was imme diately felt on the floor, in committee room, and in conference. He had inflexible faith in the genius of New England, conscious, even rejoicing, in its stern and somewhat provin cial morality. Through absolute candor and readiness to consider other view points, even other prejudices, however, he won the confidence, respect, and affection of those whose party and political principles were the very antitheses of his own, qualities which gave effect to his effort in as high degree as his acknowledged mental powers and influ ence. Intimate and trusted confidant of that astute parliamentarian and party leader, Mr. Cannon, he was easily among the first of the leaders of the House of Representatives. He boldly challenged and fearlessly de nounced the disfranchisement of the negro in the South, and demanded that the offend ing states should suffer the logical penalty of what he declared to be a plain evasion of the spirit and principle of the Federal Con stitution. Independent in decision and ac tion, he sometimes differed, frankly, with his political associates, and often in con tested election cases successfully disputed decisions of committees which were tainted by political prejudice or interest in behalf of his own party. He fearlessly adhered to the conclusions which his own judgment dictated, nor ever surrendered such conclusion to per sonal or political interest. Not otherwise would he have held himself fit representative of Massachusetts; not otherwise would he have deserved or retained the unwavering, enthusiastic approval of his constituents.
