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
"'Gentlemen,' he said, 'you have often been assembled in crowds upon some
public or festive occasion. Your hats have been thrown pell-mell in a
mass with perhaps a hundred other hats, all having a general
resemblance. Suppose you had attempted to describe your hat to a friend
or servant, so that he might go and pick it out for you. It has as many
points, for description as a written signature--its color, height of
crown, width of band, lining, &c. Do you think that a 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 it among a hundred or five hundred hats. Familiarity
with it has stamped its picture on your mind, and the moment you see it,
the hat fills and fits the picture in your mind, as perfectly as the
same hat fits your head.'
"The jury were evidently won, and gave full credence to the ridiculed
witnesses.
"The other instance during the same term (cited by Judge Thompson,)
occurred in the celebrated prosecution of Naaman Roberts for forgery--in
forging the name of Col. Adam Dickinson to a bond for $600.00.
"The body of the bond was confessedly the handwriting of the prisoner at
the bar. That was admitted. The signature was a tolerably successful
attempt at imitating the peculiar handwriting of Adam Dickinson. But no
expert could look at the whole paper and fail to see a general
resemblance between the body of the instrument and the signature,
raising a strong conviction in the mind that both proceeded from the
same hand.
"The defense strongly insisted upon excluding the body of the instrument
from the view of the witness, by covering it with paper or turning it
down, and so confining the view to the signature only--upon the familiar
doctrine of the law of evidence forbidding a comparison of various
handwritings of the party as a ground for an opinion upon the identity,
or genuineness of the disputed writing. And this point was ably and
elaborately argued by the prisoner's counsel.
"The learned prosecutor met it thus:
Public-domain text, read in full here on John Shaqi.
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