The sun. [volume] (New York [N.Y.]) 1833-1916, 1882-11-05
PHOTOGRAPHY IN COURT
Its Use and Abuse In tAs PressatatseA Of
Expsrt Tsstimeuy.

It's Use ana Abuse In the PressatatiOA 81
Expert Tssttmeay.
A well-known photographer in this city
said tho other day: Il have been for many
years an expert witness In law courts. and l
have testified as an expert In detecting forged
signatures to wills oftener than any other pho.
tographer In America. and vet tell you the
conclusions experts pronounce In such an
oracular manner from the witness box are
chaff. They are worse than char. for they mis-
lead. The expert receives q piece OF hand
writing whose genuineness IL questioned, and
with It another paper with handwriting known
to DO genuine. First he enlarges the photo
graph by magnifying 1t. and then compares
tho words tho letters. and even the down
strokes and hair lines In the two pieces of
writing. The handwriting examined In courts
Is most frequently tho signatures OF wills. The
expert delivers n long argument to prove that
his hypothesis Is correct. but when cross -ex-
amined. his statement is found to rest on his
individual opinion. An ex-Surrogate OF this
city who had u long experience with expert
photographers has said that II an expert pho
tographcr should be admitted to testify at all.
then he should be employed exclusively as a
court officer. and his opinion should be final
that is. beyond criticism and cross questioning
by lawyers. Surrogate, or Judge. The steps by
which the court photographer reaches his con-
"
stration to any skilled photographer. As It is
now. lawyers can bring experts on each side
WHO WIN hold hold eSaety contrary opinions The PEG
trusted these opinonated experts. 1have lost
faith in my own former opinions. and yet they
probably have had weight in deciding impor-
Photography" he continued " has for four
nsh evidence and It's functions are s not t yet rel un
dcrstood. Now. there are a number OF ways in
which the photographer may be in error, and
taken for more than It is worth. Il believe for
instance that the expert evidence in the Whit
was worthless where it was true. and false and
misleading where i AMOUNTED to anything"
Il can Remember that the thoroughbred ex-
before the Judge and Jury. and that he brings
argues in favor Of or against their similarity in
the lines made by similar strokes of the pens.
no man writes his name twice alike. as any
bank cashier will tell YOU. But. aside from this,
you see, tho expert rosts his argument on HIS
these photographs cannot be relied on
ns absolutely accurate reproductions Of the
theorists amount to NOT thing The Photographic
facsimile may be imperfect, because the
writing n is not set perPendif;uarly in front Of
photograph are distorted. BY being either
nature of Photographic paper itself. 1t is not
strong material. and in passing through wet
and contracts. 4 small sheet Of the paper is
a quarter Of IN inch shorter. one way and
wet %s PRINT Mi Ike s image nth Tse
mper. then the image Is elo1gated: II side.
an exact copy Of tho original writing and
many time l have placed a copy upon the
original writing and noted the great difference
IN the two. Yet the expert will argue from the
witness box that because these pieces Of writ
Ing are unlike. therefore the photograph shows
son who wrote the original. which is nonsense.
But the experts thought they. had won
great triumph when they adapted photo-lithoe-
rnnhy To- their use. the photographer contin-
taken before tie whlttaker court martial The
Photographic negative Ia made in the usual
manner, only stronger than usual; that is.
there Is little shading. and when the picture Is
printed 1t Is black and white. A transfer is
made on ,gelatine paper. which is atterward
backened with transfer ink and then trans
On the stone the handwriting is etched BY a
workman. who may easily make slip with his
oss aoa pss Of pi wo %Srd SaWy
TAKE All these possibilities Of error and notice
that the theories OF experts rest on the slight.
confess that their arguments and conclusions
rest on doubtful promises. They argue fire.
The written note which Whitaker claimed
ne had received as warning that he was to be
ioully dealt with was discovered to be covered
ing. written criss-cross. upside down. and
every way. The expert argued from this that
conceaiing his handwriting before he wrote the
note to himself. and had then partially erased
the az taj s the
photographer it. Then he studied the picture
practice writing. Now mark. the alleged words
were OF the usual size OF handwriting after the
We're very ant even ven to S' the dseoverers eyc
PAPER under the note and with q hard, blunt
separate sheet OF, paper. The argument was
made from this shee' of paper but reduced
Ing sheet and It about TIT the sas 81 Agate
type. 1t was absurd to suppose that Whitaker
or any one rG else could write with pencil as fine
j. hs had enla,Egsd from the ghotographis
manner. but he enlarged from tho paper photo
graph. Paper is made Of anything and every
ahaR IT'S Srss a hs way and Sn hHs w
IN It Just as you can in crate of burning Goals.
L. was an optical dension: born Of the experts
photographer in court Z"
:, Many lawyers and Judges believe now that
they are OF no use. and that the only sure
course Is to use an, magniiying glass on the sus.
painted or transferred to the will from genu-
inc signature by means of tracing paper n
powerful magnifying glass will make such for
Sesy IfTi to any B1 while this use Of
is Of no real use in court. To make an exam
ination Of II quest ionol handwriting can only
look at letters and sections Of letters with the
microscope, and carry in my head what have
observed, in order to compare 1t with the
deceptive as YOU will find when you try to
TO carry home tho color OF n silk dress pattern.
You'll find it impossible. So the magnifyng
But n photographs you can magnify the genu-
inc signature and tho suspected handwriting.
thus magnihed. on framework as big as tho
side of u barn. and show 1t to Judge and Jury
md let them judge for themselves. In the en-
before you, and can measure and point out
difficulties in presence of the court. II Is not
which shows their genuineness as the experts
Affirm nnl nrnme Inf II Ia thu nafn raj dis