Staunton spectator. [volume] (Staunton, Va.) 1849-1896, 1891-11-18
An Interesting Rerniniscence of John
HI. PaytOn and Thomas j. Niche.

At the November term, 1S43, OF the C1rcult
Superior Court of staunton case which had
excited great public int rest, in which the late
Hon. John H. Peyton was one OF the parties
was tried. IT had reference TO a change in the
Hebron Church road through Montgomery
Hall, on the lands of Mr.. Peyton. some time
| before a portion of the public road running
| entirely through these lands was closed by
| order of the County Court upon Mr.. Peyton's
| motion, and another read esiablished-the
| same road now, in 1891, In use. The closing of
| the road gave great offence 10 neighborhcod
| COM only called the North Mountain neigh
| borhocd. Upon their petition at a subsequent
term of the County Court the order obtained
by MIR, Peyton was, during his absence in the
Senate at Richmond, rescinded. thus re-
establishing the road which had been closed
at his instance From this decision Mr.. Pey-
ton shortly afterwards appealed 10 the Circuit
Court, then the appellate tribunal in such
cases. Before the case came on for trial there
was an excited controversy in the newspap ers
in regard to the whole matter in which 1t was
freely charged that the order of Court obtained
by Mr.. Peyton YVES in the nature of a pur-
chase, and sal of the public tights in the
road. When the case came on for argument
before Judge Lucas P. Thompson. the excite
ment among the friends of the parties was in
tense, the Courthouse was crowded to over
flowing, principally by the people of the
North Mountain neighbour Ooc:
For Mr.. Peyton two ftthe most prominent
members OF the staunton bar appeared
Thomas J Mictie and Hugh W. sheffey the
other side was represented by A. b. FL. Stuart
and David Fultz.
The opening argument for MIR. Peyton was
delivered by MIR. Sheffey. the junior COUNSEL
He made a strong legal argument closely fol-
lowing the record and cohfining himself
strictly to the merits CT the case. He was fol-
lowed by Messrs. stuart and Fultz. who
maintained tie very remarkable proposition
that the order of the County Court obtained by
Mr.. Peyton was an invasion ard violation of
the public rights VIII ich could be redressed in
no other way than by annulling that order at
a subsequent term Of the County Court as had
actually been done, and unless this last pro-
ceeding could be sustained, they commended
that their clients would be the victims of a
wrong for which they would be absolutely
without re medy In some OF their remarks
| they were understood by MIR. Niche TO assail
Mr.. Peyton personally. The Court adjourned
until the next morning when the excitement
| was greater and the crowd larger.
In the opening of his remarks the next day.
| Mr. Niche, who was evidently much excited,
| said {: ~ regret the course which the counsel
on the other side have pursued in going out OF
| the rec ord TO assail my client-a man who has
served his country with distinguished ability
| In various civil positions in time of peace,
who has honoraby and CALAMITY served and
sacrificed his property for his country in time
| of war-a man whose honor and integrity
| have never been jmpeached in this or any
! other community, before this or any other
| tribunal And so help me God 1 will not suf-
| fer him. old and respectable as he is, to be