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

with the ~ lnlts agree is detrimental 60 the human
NnCh nd acts In certain manner. In his mode OF pro
DoS he a sustained 10y all Of his profession, any one on
ceae p9ows the value and importance Of each OF ms
sos In other words, all his steps are guded ~ &c"
49, laws The common property Of all chemists
WHERE EXPERTs IN rENMANsnIP FAIL
,h his investigations have been pursued 10 success
tul termination and he has found the poisonous SUI
s,ance he can demonstrate not only the steps Oh ii
rrocrcss but the ingredients Of the substance uo LOO
sound The expert in diseases Of the mind does n Pr
1ond TO testify 10 the mental condition o ." Nv
iaual unless he has made personal examh''lo"' VI "
,ho absence OF that he bases his opinions upon Tue
hole evidence IN the case. the language acS' anu
ebvsica appearance OF the person whose S'ni,S i ~ =
aegded What docs the expert In hanGwpS fcTeTi
A. doi lie has scientific basis 9i ~ I i,,i,,
49, or laws 10 build As in thus case ne Simply
compares one Signature Win ~ ne does not attempt TO
GIL ana which from his point OF view are entirely
~ of the Signature 70 the Will did not write
manu- ,tr 6re signatures. He IL entirely ignorant how
wien anu Cs or ply steal condition Of the wrtor or
o. sfy Of tne iuuueuees which practical common sense
1 mental and material influences are unknown to
him In fine, the writer was - nun = stiaScl 4, W.
~ a. weston IRON the Court, that the signature to
tbc viii is written on my cU liiie, Nm MI, -
Of four Of The eAhloS ''' '17 CIV ~ vi 49,
ruled palsrn osie for them to tell the influence upon
d ny MIN whom they were unaoQu9inted, who was
oosfl ~ ieT accustomed 10 write on unruled PAPER
a. n rs effect upOn either rtiidty or steaaness OF mo-
~ ms is oie Of The many little but important
creu1l stances ~ ich concur to affect handwritinc
nj WI IN may be in itself sufficient 10 destroy all the
usYS W. itcr careful consideration Of the evil
drq of te~e experts covering several hundred tohos,
appears that the tendency OF thelr system Is 40
entirely ytcl as 70 weaken, not " lJse the power
VIII saecSssiG in pointing ont the most minute diff
ferucc ana variations between certain letters ana their
lines strokes, they completely fail to take tha com
prehesiNe view OF a.! Oh inc sSu.T1os tu gGSSu1 w
which is so apparent 20 pIa,uei Iuan, ~ apies,s 20
me tHt the Ihtuitye generalization made by any one OF
ne witnesses speaking from personal knowledge OF the
handwriting OF af lay OI either on tAJ part Vl 1ne pFo
p0uol or contestant, is OF more valuable assistance IN
It. Investigation TO the genuneness OF the signature
experts called FOR the contestant, or Of the expert called
one al the experts called 10y the contestant Albert s.
souihworth stated that mis- business was the eXamna
also photo galhy and thai lie used mat art III his
ms witness was asked to look at an exhibit which
marked for Identification" and TO say whether uie
hte me ID, ~ ,b M. cod viii Ebe answer IN
tins question excluded by the Court Tor the fOAON-
Ing reasons as expressed ON The trial
''The original guatUre 70 the alleged VIII has Deen
presented u the witness, and he has examined II aud
compared ii with the exhibits properly evidence. That
b the best evidence 10 De had, anu lac can speak from
that. shall exclude all testimony drawn rom photo
graphs being usdmisSible upon the question OF hand
wrdng. such evidence would raise many collateral
issues ior Instance the correctness OF the lens Tue
state OF the weather the skin Oh the operator inc c0ior
Of the impression purity Of the chemicals. and other
issues which, think cearyrequire me 10 exclude such
Photographic evidence upon ms question Oi eenoiIo
OF Signature. IL is, AZ best secondary evidence
e.
graphic copies hereafter IN the Consideration OF the Ve
tOny of those Witnesses the part Of the contestant,
whose opinions, given on The trial. were assisted even
n positively formed by Photographic copies Of df-
feTeut specimens Of decedents handwriting, including
Thirteen witnesses WHO testified that they were &C.
Quuted with the signature OF the decedeut stated that
n ther opinion the Signature TO inc PIopounded WILL
Mas lot ia the handwriting OF James b. 1dJ Ior.
Evidence AS TO TIE SIGNATURE.
Their testimony substantially as follows:
Abraham Van Vecnten testified: That he resided in
.tH.. .lrg.. Nna
last 20 years and him Intimately Tor the last
10 OF years. in the habit OF seeing him Often having
frequent business transactions with him; he had scn
him write frequently ana in reply 10 question whether
tie signature to the viii in MI Iaylors handwriting,
stated that in his handwriting and that there
are certain pecuartes Mr. TaylOr's signature which
are wanting 10 tHe slSAaIG 10 Tf MI HAT Ou b ne
first saw the will the surrogate's office he may have
stated that II genuine signature, and that MS Oph
hon has changed from critical examination OF me sls
La uIes MI Taylor, which have certain euiarties
about them wanting IN the signature; but that
previous The examination Of large number OF sigma
lures possession bis attention bad been calSd 10 u
BY the examination OF Photographic copy. lie alec
stated that the general appearance OF the signature 70
tDe viii was bettI than Mr. Tayl0I's ordinary sigma
and written with more care ana the letefs hOe
perfectly formed Than his usual signature; ato tat he
had letter Mr. Clinton requesting him when In the
cry cal at his oloe; thai he went there; that Mt
graphic copy the signature To the win that he made
critical examination OF that copy and compared with
genuine signatures when Mr. Cnl"h ISu III ms PJscs
SION; that when he retuTned TO Albany he mace up MS
uilu "a
the copies which Mr.. ChntOn had on the SUBJECT no
then returned Albany and compared ~ with the 1g
.orpljc COPIES Of three or four signatures and
other signatures wIich not photographs. lie com
fcaulne signature. with the Photographic copy the
signature 70 the will After that examination when ne
examined genuine signatures Of MI Taylor, ne found
that there certain nyar1aIie Pecumlies III tlen
all which were wanting in this signature tAat induced
Inn TO swear that this was DOT genuine signature
LAwYERs OPINIONS.
M Lutler F. Marsh a weu-known member Of the bar
Of this city testified that he had known Mr. Taylor for
about Is years Intimately, and that he had been his coun
eel in many OF his important cases The signature does
not seem 10 u De genuine signature OF James g.
Taylor That my best belief on looking at it Ihaye
looked al 1t good deal from the photograph, which
seems 10 be- according 10 my recollection, copy Of this
as matter Of curiosity not expecting, certainly, to be
witness. expecting on the contrary, very certainly that
would not De witness, but have examined u more
perhaps. than did any other signature Tor the purpose
1f making up NY mind whefher II was q genuine slg-
nature or uOf.' On crOsseXamllatlOn, MI naIsh YES
al the Signature on the wiz in the surrOgate's office
where least stated that the signature looAed IKE
Mr.. TayIor's hand writing"
WiiiIiU q Barrett ais0 a well known member Of the
bar Of mis- cy testified that ne has been acquainted in
tmaty with Mr. TAYLOR for the last y 10 80 yedrsan9 that
he familiar with BIS signature Ia! ing receiver ~ III
the way Of business lie testified that theIe Is Slsi
iy. but that DC does not thnk IL is James - layOI
handwriting. That signature, in my judgment was
never written with thai dispatch with which knew Mr.
Taylor was IN the hant on WTluhg Ms SIGNATURE, Alu
would further say that Nj IaylOrs signature was never
UNIFORM
re testified ANIMATION, that the counsel for
the c0ue slant submitted him photograph OF the sig
nature bee looked 10 THE looked At some other sigma
tur.s aud became satisfied 10 not Mr.. TaylOrs sigma
turc. lie also stated that mis- judgment made up
before subpenaed witness from the photo
graph though he had examined the WILL before being
examined
Charles L. Frost Of No. Wallst, who is President OF
the Albany and brunswick Railroad Of Georgia OF which
Nj Taylor of the directors TESTIFIED That he had
intimate business relations with Mr.. Taylor and had
him his signature 30 OF 40 times, ana had
many signatures the dCccdcnt IN Ills possession lie
fs
handwriting of Mr. TAYLOR on crOssexaminatiOn he
tho. for he