New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1871-03-13

scdbng illnesses Grt Of the crime Of bane actorsir
99 o. aJgerg and after that. Of vilful
conclusion 10 gard 70 those wnessesl
50 much time was taken upon the trial IN the exanina-
ton Of witnesses for tho contestant proponents rs
erpertS who had no personal knowledge OF deeedenrs
handwriting, and "a am unable to attach that yslaO
or mporance to their testimony which ascrbcd to
n by tho contestants counsel, before procce ling with
tho evidence ~ the Witnesses, either eide, whose
opinions were founded on personal acquaintance With
the handwriting ana signaui' OF ue,sds ahd MICS;
shall 6r. consider at length Oh tho suo;t Of genuine
ness Of gnanrc, the matter Of the testimony OF experts
Two Witnesses Of this class testified The part Of tho
contestant VIZ: Joseph J.. Paine ana Albert 5Outs-
worth T2oi testimony was very elaborate add covers
many foos in thc printed record OF VIC ,tlse..c'
Cicorge g. simpson idcd behalf OF the propo-
nen, and anoher viine.s Of tbs cas- was oaIea "a
the side but under TIE ~ hnaon 0. te CON- is
there enough Of that species OF te~tlo-y nc NA'
I'm rho Views which Am about to express Of the yalgG
Of this character OF testimony on the part OF lc eo
ant desire 20 understood az inending thai on tAo
I'm forming an estimate Of the weight and value TO lie
ascribed TO the te mony given by expert wlt.ses -
poyed for the specific purpose, bief consideration VI
| H. claims to scleniihe accuracy must bo prenilecd
II cannot bc doubted that the evidence OF Le5c wiz
materials submitted them for opinion This ye7y
apparent IN the elaborate anaIys t1Gy h.So a. H.
document here proDounded "a the last VIII and aiehL
Of the decedent was closely examined ana 5 ghii.S-
stics compared with tho signatures which both lafe5
Claim O. bo genuine Not even te most nlhu.C o,. IS
and differences IN the conformation OF different leiti,
or the relations tho various parts 10 each other, or is
peculiar CHARACTERISTICS OF the whole, escaped tGer
| hcdtCnuE CDStIhdtOils lac allAi"ieNoN
appearance when enlarged preserved twere refoE,et
though the photographs were not admitted by tIe Co.,
! In evidence No means we've lett Untred ~ VII TAG
differences between the signature 10 the proiOunde WI
and the five signatures ~ tho case as eAhD4" IVu y"
maeniflcd and tLeit importance dWeit upon 1870. -.
The experts examined The curves ana angnarlHes o,
the OF the letters tho directions OF TIE hope OF
tic yarous paris the amount OF pressure exercised an
the down strJkes, tue point at which II was lbl.y -
the place 1t ceased; the apparent rapaly VIII -
tier reeiaIitS or irTesaTIty tie size OF Tie loop 80
relative size OF te ditercAt let s. ana ~ IA Soi
length 81 the different Signatures AZ tnat 80
could invent was rcsorted 10, and the difference
shows the great study devoted TO the cueidato O. 10
! coNcErNIyG ExPERTs.
IL the practice cOurts when 1t Is necessary for
their TO receive evidence u men skilled IA c Ya-
OILS arts and sources knowledge experts tocluclate
the general principles practical data upon which tlcr
science or art based. In this manner chemists d'l
engineers physlciau4 or tie representatives. q any
vocation calling. may be brought TO the vitre7s-si'Ha
1, testify In regard 10 The facts Of their various ro
sons The chemist in his particular business mag 10
asked TO state the adopted in which lcsoa n
De detected in food or eliminated from he human hoy.
Again, bis opinion may lie desiI 81 pom Tue sum- ,5 81
certain procedures 10 attain certain resu.ts. - ter
case II is necessary to remember t1at ne = gdei u
| common universal laws, known to every chemist !. Il
thai ls testimony relates to their application III Us
manner it Is occasionally cssary fur count 20 rCq.e
Information from civil engineer. I Is the province
OF this profession 10 take cogIza1cc Of tho
enects OF Tie elements upon materials lsed n
constructing works; TO know The ch3ct Of TIE ties
and OF running vater3; to be abe To estimate ne Csi
bity and safety 81 structures 6iectea IN pdfdcDIr
manner, etc. But tie value ana Wcist OF DDS l2d II
testimony arc best cXcmpAded ~ tie c'it sncc ~
ton Responsibility l. involved. IL these
pert furnish information attanablc IN no Other man
er. TIC ana progress Oh tic utcast Us develop
mcnt and nodes OF ApEeson 90 getner With the manner
Of determining It's presence, can alone pe lulIus@e1 ny
ihOse individuals whose profession IL is u suiy AND
Uudlrs9nd the diverse methods in which diseases O tle
Illustration We viii briefly contrast tue basis OF i.cIJ
which undcre the testimony u cxpslts IN ha9lwl.LS
a, "a al
may be- c o fLliGcy, Which, u t1ey d. not en-
t.rty lt-te yet render TIC former less reliable @l
Tie facts which The medical expert Is called upon to
cluclae are these parts OF the common knowledge "
lis profession which relate 10 have pearIu;; OF
mental disease. Those general principles which enable
eases arc explained tie court and It may De bat Lis
professional opinion solicited as tOtAe DearlS ana
Significance OF certain matters ID evidence IL an cas-
IL must he borne IN mind, tIc expert merry HHc~n iHo
ght OF hi5 own CLING uion iatct5 M- i, It4"iyy
come within H. he refers 40 q series oi ab"!osoas Co.,
and nc supports himself by the opinions % the recoS-
nized standard authors on mental DISEASES LIS on4oi
is valuable according TO his experience and position;
and his opinion ia moreover supported by tho analogy OF
diseases mind that certain acts caIacteTatcs aLd
appearances whose sanity Is disputed, Is r'l-
How dIerent is the ease with any attempt to found
scientific basis system Of expert evidence Ia MAID
writing VIII now be evident.
cONCERNING SIGNATURES.
In the testimony Of the Witnesses called as experts.
both part OF the proponents and contestant, 80
have a.l Illustration OF the in which careful and
onccs imperccpdble to tic ordinary observer TAese
differences have been magpied, dweis upon and t4ay
colated and submitted proof OF the nongcnuncness
Of the signature Jacs g. Taylor to the pT0ponEded
will Il may be well Tor this Court to speak fully and
docisiyoly the value it is disposed to ascribe 70
| such evidence.
FIRST This evidence merely traces alterations and d
fercuccs between the signature the will and the
other signatures introduced evidence. no attention
heug Iald 70 INC Iiaoscs p P ~ ,"tu ~
latter nor 10 the din FENCES between any too h' I'VE,
and none TO the attending circumstances ana conditions
| under which thcy were eNccuteu. -. ...
Second: These conditions were To a certain 81 mt
drawn from the study Of Photographic copies Of me rig
tic Court excluded the the trial the Use o. the photo
WITHOUT commenting on the selfeyilent fact that
simple mark becomes legal and valid signature VIE
ord nary every day occurrences which produce among
the daily signatures Il any ora as alterations as 6et
to the propOuHded Will on the one nand and certain a
the exhibits on the sthcr Where this Las been done
will seen that evidence of the nature mere PIE
scented IS entitled 10 any weight unless supported ~
| rtroug cOrrOburatiye PROOF.
IL the first place II appears TO ne mat me ne' con
dition If individual must necessarily nave an III Or
taut influence upon the character OF his writing IA,
stances this nature common 90 10 scare, - ictu
Illustration. Imagine man overwhelmed Win fe.' or
furious with anger, under Ac enett OF slimuaAi AZ
Tie monentary yexatious Of he sufficient 10 pro
,lucc appreciate alterations while even such conio
place occurrences the pressure OF business ~ q 'o
OF the weather not without influence IahiA'' W.
example the theory of The contestant Vhoush ~, ~
r. written with seadiness ana regularity th W.
tasc i5nc is an Endorsement On promssorl .ni
the other four letters TO his granGfather Mheh III N
rope) may not this be considered as an ~ id h3 "A ny
1dsct of mental condition upon haldWritlugi Il d I'M
problbe that "A man Of Mr.. Tay lOrs years, Wi, - ~ q"
IL appears IRON any evidence, had never DE- io. 80
his signatir9 Ia sn solemn document as VII, m act
which brought yiyid before lin, rs II eIA = ~ =,
the certinty of DEATH and that death ucces any 10
rgtify th DEGREES therein expressed should write tuat
signature with more dehueiatou IMAM we n'.. Pc II,
lures when BE was IN the habit Of hastily ana 1G'o"
I q