f the pen also have to be taken
into consideration. In the case of forgery, where the forger has
employed a finger movement writing with the muscles and apparently
without education, there is scarcely any difficulty in arriving at a
conclusion. The long flowing hand is easy to detect. When, however,
the writing is finical a large mass of material has to be examined
before a decision can be reached.
The testimony of an expert is without doubt the most dangerous kind of
evidence when not supported by additional testimony; but, on the other
hand, if the known facts fit in well, it is the strongest kind of
testimony that can be submitted, and is usually known as "opinioned
evidence." There probably is no class of professional witnesses which
is subjected to such severe cross-examination as experts in
handwriting, and, considering the great importance of their testimony,
they should be ever ready and willing to explain the methods employed
by them in arriving at their decision, which, of course, is the result
of a comparison of the analyses of several pieces of writing, taking
account of all exaggerations, idiosyncrasies and unusual
peculiarities.
All evidence of handwriting, except where the witness has seen the
writing in question written, is derived from four sources: First, from
comparison; second, from the internal evidence of the writing itself;
third, from the knowledge of the writing, from having frequently seen
a person write; fourth, where one has received letters whose
authorship has been subsequently verified by admission, or acted upon
in such manner as to receive the approval of the writer. Comparison is
made between the writing in question and other writing admitted by the
writer to be genuine, or otherwise proved to be so to the satisfaction
of the court.
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 a
|