Disputed Handwriting - An exhaustive, valuable, and comprehensive work upon one of the most important subjects of to-day. With illustrations and expositions for the detection and study of forgery by handwriting of all kinds by Jerome B. Lavay
page 83 of 233 (35%)
page 83 of 233 (35%)
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The evidence adduced from comparison is more or less certain according
to the skill of the expert and the circumstances of the case. Internal evidence is such as is presented by the peculiar quality of lines when drawn or worked up by slowly following traced lines, retouched shades, rubbered surface of the paper, and every indication of an artificial or mechanical process of producing writing. Testimony based upon a knowledge of writing gained from having at some time seen a person write is the most fallacious of all testimony respecting handwriting; it can be only a mental comparison of writing in question with such a vague idea or mental picture as may remain from a casual view of the writing at some time more or less remote; and besides, one may perceive another in the act of writing and yet have little or no opportunity of forming any mental conception of it, even at the time of writing. In some cases where the courts will permit it the expert witness may fully explain upon what he bases his opinion but it oftener occurs that the trial judge will limit the evidence down to the very narrow scope and the mere relation of such facts as the jury can see. Where a forgery is well executed the difference in general appearance between it and the genuine writing of the person whose signature is questioned, when compared, is very small. The limit put upon expert evidence by the trial judge takes from the effect of the testimony all the benefit of an explanation of the facts upon which the opinion is founded. Juries are generally allowed to examine enlarged photographs of the writing, and sometimes to see it under the microscope, but even when so doing what they see unexplained cannot be appreciated intelligently and unless taken for granted as meaning something which the experience |
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