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
"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
of genuineness of the disputed writing. And this point was ably and
elaborately argued by the prisoner's counsel.
"The learned prosecutor met it thus:
"'_Gentlemen this is one entire instrument, not two or more brought into
comparison. Let me ask each one of you, when you meet your friend, or
when you meet a stranger, in seeking to identify him, what do you look
at? Not his nose, though that is the most prominent feature of the human
face; not at his mouth, his chin, his cheek; no, you look him straight
in the eye, so aptly called the "window of the soul." You look him in
the eye, but at the same time you see his whole face. Now put a mask on
that face, leaving only the eyes visible, as the learned counsel would
have you mask the face of this bond, leaving to your view only the fatal
signature_.
"'_If the human face so masked was the face of your bosom friend, could
you for a moment identify him, even though permitted to look in at those
"windows of the soul?" No; he would be as strange to you as this
accursed bond has ever been strange to that worthy gentleman, Colonel
Adam Dickinson, but a glance at whose face traces the guilty authorship
direct to the prisoner at the bar_.'
"This striking illustration seemed to thrill the whole audience as it
virtually carried the jury."
MR. PEYTON DECLINES A JUDGESHIP.
Public-domain text, read in full here on John Shaqi.
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