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
On yesterday I dined with Mr. Gallagher, where I met Mr. Reid, who, you
may remember, preached some time since at the Presbytery in Staunton. He
is to preach in New York to-day, and I hope to hear him. He is highly
esteemed here as a preacher and man. In the evening I took tea with Mrs.
Murray, mother of my brother Rowze's wife, where all the family were
collected round me making enquiries after their relatives and friends in
Virginia. For the most part I was unable to gratify their curiosity,
having recently neither seen nor heard of the kith and kin in Richmond
or the Northern Neck.
At 10 o'clock tomorrow I shall set out for West Point with Gen. Huston,
of Tennessee, to whom I was introduced on yesterday by Gen. Scott. [Gen.
Winfield Scott.] I requested Miss Heiskell of Philadelphia, to execute
Jane and Lynn's commissions, which she promised to do against my return.
Give my love to all the family,
Yours affectionately, though in much haste,
JOHN H. PEYTON.
ANECDOTE OF JOHN H. PEYTON IN A CRIMINAL CASE.
Shortly after his eldest son, William, entered upon the practice of law
in 1823, when attending court at the Warm Springs, Bath Co., he
mortified his father, John Howe Peyton, exceedingly by a piece of
off-hand levity, which the latter regarded as a most undignified
proceeding, unworthy of the profession. Young Wm. Peyton was employed to
defend a man charged with horse stealing, and as there was only
circumstantial evidence to prove his guilt, W. M. Peyton, who was much
exhilarated, for it must be remembered that the case came on after
dinner, set up the defence that according to the principles of science,
and of a new science likely to prove both useful and ornamental, it was
impossible his client could be guilty. He then referred to and explained
the theories of Gall and Spurzheim, and declared that according to the
phrenological bumps on the head of his client, theft was a crime he was
incapable of committing. He argued with much gravity and ingenuity in
this direction, amidst the suppressed giggling of the bar, to the great
chagrin of his father, who was the public prosecutor, and to the
thorough mystification of the county court. This body was composed of
country gentlemen unacquainted with law, and it was one of their boasts
that they made up their decisions, not so much in accordance with the
principles of common law, as of common sense. W. M. Peyton went on, and
drawing from his desk a copy of Combe's phrenology, illustrated it with
plates, exhibited it to the jury, and declared that at the point on the
pericranium of his client, where there should be a protuberance if he
were capable of robbery, there was not the slightest development, and
asked, what is the value of science, if we discard its teachings? He
then made an animated and eloquent appeal to the feelings of the jury,
Public-domain text, read in full here on John Shaqi.
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