Memoir of John Howe Peyton: in sketches by his contemporaries, together with some of his public and private letters, etc., also a sketch of Ann M. Peyton
History
Memoir of John Howe Peyton: in sketches by his contemporaries, together with some of his public and private letters, etc., also a sketch of Ann M. Peyton
Peyton, Anne Montgomery, 1802-1850; Peyton, John Howe, 1778-1847
"It would be a halting and very defective sketch of this eminent jurist
which failed to speak of his striking originality. Negatively speaking,
there were little or no common-place and hum-drum in his forensic
arguments, his debates in the Senate or his addresses from the hustings
to his constituents. In a positive sense, his speeches, at least on
great occasions, and when his powers were thoroughly roused, rarely
failed to be marked by some flash of genius. I recall a conversation
just after the close of a protracted and laborious term of the Augusta
Circuit Court, in which the late Judge Lucas P. Thompson and Gen.
Briscoe G. Baldwin bore the leading parts. The last named was paying
generous tribute to Mr. Peyton's force and originality. Judge Thompson
remarked, 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
sentiment illuminated by genius, or, at the least, some illustration
marked by a bold originality, and he instanced two causes, tried at the
late term, one a civil suit and a very heavy will case, in which he made
a novel and searching application of a familiar fable of Æsop. I 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 signatures, whereby they could speak positively
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 strove to throw discredit and contempt upon those witnesses
(all men of good character) for their failure and inability so to
describe the quality and the peculiar marks and the calligraphy of the
signers as to show they were familiar with their handwriting. In his
reply to those sallies of his opponents, Mr. Peyton swept away the whole
airy fabric by a single happy illustration:
Public-domain text, read in full here on John Shaqi.
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