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 86 of 233 (36%)
page 86 of 233 (36%)
![]() | ![]() |
|
personal relations with the party.
Comparison of handwriting, technically called _presumptio ex scripto nunv viso_, is where a paper or papers are proved or admitted to be in a party's handwriting, and a witness entirely unacquainted with the party's handwriting, or the jury, is allowed to make a comparison by juxtaposition of the writing so proved or admitted, and the writing disputed. All evidence of handwriting, except where the witness sees the documents written, is in its nature comparison. It is the belief which a witness entertains upon comparing the writing in question with an exemplar in his mind derived from some previous writing. In all the states of the Union the laws are uniform on the proposition that experts may testify as to comparisons made and the results based on such comparisons, except that the paper admitted to be genuine shall not contain matter of a frivolous nature, etc. In a broad, general way the element of common sense is the basework of an expert's success in the business. He cannot depend upon anything suggesting intuition. Where two signatures or two specimens of writing are in question and one exhibit is a forgery and the other is genuine, or where both are genuine, yet in question, the expert is in the position of making his proofs and demonstrations convincing to the layman--the hard headed citizen who insists that "you show me." Frequently this citizen is on a jury where he has had to admit that he is not particularly intelligent before he would be accepted for the place. |
|