The Valley Virginian. [volume] (Staunton, Va.) 1865-1895, 1878-11-21

Time Will reveal the calyxeS OF gold.
And IT, through patient toll. we reach the land
Where tired feet. with sandals loose. may rest,
When we shall clearly know and understand,
think that we will say. "God knew the best"
For the VALLEY VIRaINIAN.
My Recolections Of the Late John Howe
Peyton.
My personal acquaintance with Mr.. Pey-
ton commenced in October, 1884, when en-.
tered upon the practice Of my profession at
the Staunton Bar.
he was then, as learn from his biogra-
ply. in his 18th year, and from that circum-
stance only it might be inferred he had pass
ed his climature. Certainly, nothing in his
physical appearance or his forensic display
betokened decay of power, bodily or men,
tai.
Yet having amassed handsome fortune,
he established himself in beautiful home,
and surrounded by q large and interesting
family he felt himself entitled to some relax
alton from the arduous demands of his pro-
fession-or at least from its drudgery. He
accordingly relegated to younger members
Of the bar all minor causes, and to his junior
associates the preparation in pays Of his
Chancery causes, in the matter OF taking
dispositions and the like vacation duties.
But for ten years following the date Of my
introduction to him there was hardly an i'm
portant or celebrated cause tried at the
Staunton Bar, whether in the State Courts or
U. S. Court, without the aid and illumination
Of his splendid INTEL ect whilst also in AL
bemarle. Rockbridge and Bath counties he
largely participated in the like weighty
causes.
In the Supreme Court Of Appeals of Vir-
ginia, his reputation throughout the State
enlarged the theatre Of his professional ser
vice much beyond that Of his local Circuit.
wish it were in my power to give a just
and discriminating analysis of his processes
in the investigation and conduct of a great
cause, or even fair description Of his style
of forensic argument.
This much may be safely said: that he
seized, by apparent intuition, upon the strong
and dominating points in a case, not infre-
quently finding these, or some of them, bur-
ried out of sight from a scrutiny less search
ing than his, beneath mass of Irrelevant or
conflicting testimony.
Having thus entrenched himself in one or a
few strong positions, his array of the facts
was so mastery, his presentation OF them SO
luminous, and his arguments from them SO
logical that he rarely failed to carry the tri-
bunal with him safely and irresistlbly to his
conclusions.
Discarding thus the minor points and less
material phases Of the cause from his exam
ination and discussion, or dismissing them in
a few rapid searching sentences, his debate
was conspicuous for its compactness ard log
ical order. Accordingly hisspeeches ordinar-
lily did not exceed one hour, and even in the
most complex and voluminous causes they
rarely went beyond two hours. can recall
but one occasion in which he consumed
nearly threehours.
His style was fluent, but not Of that fiuen-
cy which comes of redundant words and
phrases for have never listened to one SC
terse and vigorous. think it can be said
there was hardly a superfuous woodland
every sentence bore upon the conclusion
aimed at. 1t was therefore never weari
ness to hear this great advocate, and the pro
mscuous audience followed his argument
his sarcasm or his invective, with as much ap
parent interest as did Court and Jury.
It has been written of him, that he was
equally versed and at home in any depart
ment OF the profession (unless admiralty
and maritime law be excepted but I thinl
it was as common lawyer that he excelled.
and that it was in the common law he foun(
his chief delight. He was perfectly CONVEX
SAINT with the principles of the Feudal Law
and immemorlal usages of England as ex-
pounded by Littleton, Coke, Bacon, and al
the fathers and great interpreters of Eng
fish jurisprudence. Having come to tn
Bar while special pleading was yet lega
science and carefully practised system, AM
before popular and not too well informe
legislatures sought to ''simphfy'' the prae
tice of the law by Statutes OF Jeofails, h
was, without doubt, one of the most prat
tised and expert special pleaders Of his time
His naturally astute and logical mind find
ing its expression through the channels {
terse and luminous style, caused his plead
ings in all their stages to be master piece
of art.
His fame as Prosecutor of the Pleas oft
Commonwealth has never been surpassed,
equalled, in Virginia. On this field
achieved triumphs of the most brillial
kind. His pride in his profession, and I'll
great principles Of right and justice unde
living it, no less than his Unborn contem
for chicanery and fraud, not to speak
crime in its grosser forms, combined
make him asterror to evil-doers. Some critic
even among the profession, sometimes we
disposed to censure him as too harsh OIL
unrelenting towards the prisoner at the ba
But if every circuit throughout our lal
possessed at this day SO able, fearless al
conscientious prosecutor as did the AugJ
ia and the surrounding circuit at that ha
pier day in our history, perhaps we mig
find less cause to deplore the depreciati
of the public morals which so painfully
vest the present era.
It would be a hating and very defectl
sketch of this eminent jurist which failed
speak of his striking originality. Nes
lively speaking, there was little or no col
mon place and hum-drum in his loren
arguments, bis debates in the Senate or
addresses from the hastings to bis constlt
ents. In positive sense his speeches,
least on great occasions and when his pc
ers were thoroughly reused, rarely failed
o be marked by some fash Of genius.