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

call a conversation just after the close Of a
protracted and laborious June term of the
Augusta Circuit Court, inI which the late
Judge Lucas P.IThompson and Gen. Bris-
coe G. Baldwin bore the leading parts. The
last named was paying generous tribute to
Mr.. Peytons force and originality. Judge
Thompson remarked, in substance, that he
had never seen Mr.. Peyton go through a
cause deeply interesting and moving him in
which he did not utter some view or senti-
ment illuminated by genius, or, at the least
some illustration marked by bold original
ity; and heinstanced two causes, tried at the
late term-one civil suit and a very heavy
sciU case in which he made novel and
scorching application Of familiar fable OF
Esop. forbear to give its details because
both the critic and his subject have passed
from earth.
In the same cause three signatures were to
be identified and proved-that of the testator'
! and also of the two attesting witnesses-all
three having died since their attestation.-
Many witnesses were called to prove the
genuineness OF the three names. Opposing
counsel sought to badger the witnesses by
urging them to specify what peculiar marks
there were in the handwriting and sigma
lures, whereby they could speak so positive
ly as to their identity and genuineness. This
of course, for the most part they could not
do, and in the argument of the cause before
the jury the same counsel stroye to throw
discredit and contempt upon those witnesses
(all men of good character) for their fail
ure and inability so to describe the quality
and peculiar marks in the calligraphy of the
signers, as to show they were familiar with
their handwriting. In his reply to those sal
lies of his opponent, Mr.. Peyton swept away
the whole airy fabric by single happy IL
lustration. "Gentlemen.' he said, ''you
have often been assembled in crowds upon
some public or festive occasion. Your hats
have been thrown pell-mell in mass with
perhaps hundred other hats, all having
general resemblance. Suppose you had at
tempted to describe your hat to friend or
servant, so that he might 60 and pick it out
for you. 1t has US many points for accurate
description as written slgnature-its col
or, height of crown, width Of brim, its band,
lining, &c. Do you think that friend or
servant could by any possibility have picked
out your hat for you? And yet when you
went yourself, the moment your eye would
light upon it you instantly recognize 1t
amongst hundred or five hundred other
hats. Familiarity with it, has stamped its
picture on your mind, and the moment you
see it, the hat fills and fits the picture on
your mind as per fectly as the same hat fits
your head.'' The jury were evidently won
and gave full credence to the ridiculed wit
nesses.
The other instance during the same term
(cited by Judge thompson occurred in the
celebrated prosecution of Naansam Roberts
for forgery-in forging the name OF co.,
Adom Dickinson to bond for 5000.
The body of the bond was confessedly the
| handwriting of the prisoner at the Bar. That
| was admitted. The signature was tolera-
bly, successful attempt at initiating the pecu-
liar handwriting of Adam Dickinson. But
no expert could look at tine whole paper and
fail to see generalresemblance between the
body of the instrument and the signature
raising strong conviction in the mind that
both proceeded from the same hand.
The defense strongly insisted upon exclude
ing the body of the instrument from the
| view of the witness, by covering it with pa
per or turning it down and so combining the
view to the signature only-upon the famil-
lar doctrine of the law of evidence FORBID
ding comparison Of oarious handlorst'ngs
of the party,as ground for an opinion upon
the identity or genuineness OF the disputed
writing. And this point was ably and elab-
orately argued by the prisoners counsel.
The learned prosecutor met it thus
| ssGentlemen, this is one entire instrument,
not two or more brought into comparison. Let
me ask each one of you, when you meet your
friend, or when you meet q stranger, in seek
| ing to identify him, what do you look at! Not
his nose, though that is the most prominent
| feature Of the human face-not at his mouth
his chin, his cheek no, you look him straight
| in the eye, so aptly called ''the window Of
| the soul.'' You look him in the eye, but al
the same time you SEE his whole face. Now
put mask on that face, leaving only the
eyes visible, as the learned counsel would
have you mask the face of this bond, leaving
to your view only the fatal signature.
/! If that human face so masked was the
face of your bosom friend, could you for
moment identify him, even though permit
ted to look in at those windows OF his soul
No, he would be as strange toy you as this &C
cursed bond has ever been strange to tina
worthy gentleman, Colonel Adam Dickin
son, but glance at whose face traces thu
guilty authorship direct to the prisoner a
the barr
This most striking illustration seemed tt
thrill the whole audience, as it virtually car
ried the jury.
Let me say in conclusion, that the person
and figure Of Mr.. Peyton were fine and com
! LIS CulAioe9O was sA''esJ - oo~3---
head we'll poised on his broad shoulders
while his ample chest gave token OF grea
vitality. On rising to address court or jury
there was something more than common!
impressive in his personal presence, an
whether clad in 'Virginia home spun o
English blue broad-cloth with gold buttons
and have often seen him in both,) wheney
er YOU saw him button the coat across hi
breast, and slowly raise his spectacles to res
them on the lofty crown, you might conf
IDENTIFY expect an intellectual treat OF no mea
order.
There was never broader contrast pr
sented in the same person than that betwee
Howe Peyton the lawyer, the public Pros
cutor, or even the Senatorial candida
amongst the people, and the same individu
in his own home. Here in the midst OF h
I family, or surrounded by friends, all I'll
9 rigor of his manner relaxed. and he was I'll
9 model Of an affectionate husband and faith