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
"In the same cause three signatures were to be identified and
proved--that of the testator and also of the attending 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 so
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 peculiar marks in 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:
"'_Gentlemen,' he said, 'You have often been assembled in crowds on 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 accurate description as a written signature--its color,
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 it amongst a hundred. 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 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 six hundred
dollars.
"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.
Public-domain text, read in full here on John Shaqi.
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