New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1894-07-25
STUDY or HAND WRITING.
RELATION OF EXPERTS IN SCRIPT TO
COIrRTS OF LAW.

To
Guiding several New Methods OF Rescarchi ~
Persifor Frazer. illustrated T. A. -'N -
Lppincott q CO.
This is really a book for experts. II pr'SuPpos
a knowledge on the subject Of handwrlthS Wii0'
only experts possess and the author Turns VIII"
interest 20 the legal problems that are 'a'S7" -,
the testimony OF specialists in court II iEn,
sao-o tia, the necessity for expert testimony should
long ago have won for those who can give II
a definite place in the regard Of judges ana me
bar But there are experts and experts a. WEI
as lawyers and lawyers, ana the estimate ol ".0
WITNESSES value IS often based on the attorney
consideration for the cause which ne mas 10 az
vocate II the specialist Is his own witness 'n'H
affairs so well enough; but II the ha'u D''"s
comes from the other side he IS apt 10 ieei 'li@'
legislatures should interfere. NJ. frazer IeP''0N
20 what LAWYERS occasionally say IA their Wraih
by the usual tn quoque If there are purchaSaDe
ex,er,s there are also venal attorneys. But THESE
immoral specimens do represent The professions
which they disgrace He admits the justice j" '0
argument Of those who would have De'"c'" '"V
exDerts called for the respective parties 20 sun
q specialist appointed by the court VINO "ouiu
have nothing 70 gain from either SIDE. II '"e YES
,,,,onv nres,nted turned out 70 be too technlcaI
This proposed officer Of the court couia MAKE II
plain 70 the jury. This method he remarks a.
lows full liberty 70 every btigant 10 ehl'oH """'
agents he may please. but Il confines the eNPe.'
testimony 70 such conclusions rs ne may JUSTIFY
nv Ineligible reasons of the sufiiciency OF which
the turv must form its own opinion. ly the en-
forcement Of such system "a great deal OF r'o-
blsh" would be eliminated from expert 'es'mo"H,
Thus the author arrives at what ne deems S'"''N
maxim: Let expert testimony be defined ny u"
70 be such testimony rests upon the app'ceuoh
~ nr,ncjplcs (which are susceptible Of explanation
and as EXPLAINED. approve themselves to persons
OF average intelligence by means OF reaso'i'nh'
snch application being made by one skilled III 'Ne
subject either by observation experience or hVeS-
.iration: the testimony being important TO the
attainment OF conclusions material TO the trial
Testimony (which does not come under TINS dell
r,,,on should not be admitted coming from eN-
narts" Thus he accepts the facts as they are
with respec; 10 the partisan nature Of expert tes-
tmony but not without hope OF amendneht'
This hope rests mainly on the CONVICTION tnat the
studv of documents can be reduced 70 a thoroughly
scientific form. But It IS not merely necessary 10
mako the study scientific. 1t is also requisite 10
mako II seem SO 70 men Of trained minds who are
not scientists The prejudice Is deeply rooted N
the thought of judges and lawyers that the only
means Of detecting forgery Hes in the comparison
OF IAN underlined ideal in the mind with the writing
IN question" such was the expressed conclusion OF
the late Chief Justice Woodward. Of Pennsylvania.
in an opinion handed down in 1862; and 1t Is Still
the proper thing seek for an expert opinion from
paving tellers Of banks and from teachers OF pen
manship. Mr.. Frazer comedies much 10 'he paying
teller as a witness He has. or should have the
welfare OF the institution NnlCn ne serves
In mind lie must have wide knowledge ripened by
stn more varied experience and with these quaiifca-
lions must combine tactfu appreciation OF human
nature He must be quick to observe suspicious
circumstances in the presentation of check Tor
nayment Strongly intrenched in his position ana
having refined intimacy with the signatures Of all
depositors the paying teller is certainly an expert
in his line But, as Mr. Frazer suggests. remove
him from his ordinary surroundings and require MN
to decide in cold blood whether certain writing Is
by the same hand which produced another Writing,
both being unfamiliar 10 him, he must then DECIDE
under conditions quite foreign TO his routine tie
may decide rightly but his success is due rather
n his Intelligence as a man than his training
a bank officer 1t has been his habit TO reason from
personality handwriting. In court this process
Is often reversed Just here that is In the study Of
the revelation of personal character made by hand
writing Mr.. Frazer's book is attractive reading.
With most of the act of writing has become all
but unconscious. We write. That is all. But
here we are told how write whether with re-
stricted forearm and the hand pivot or with the
elbow on the table. The pen. its evolution from the
feathered Quill and the ink which Is used equally
the objects Of expert solicude These are essential
prerequisites to the real business in hand the ex-
animation Of suspected documents. II Is in dis
cussln the be taken of the document that
the author finds the opportunity for experimenting
current practices. Usually" ne says. 'it Is the
ltigant who suspects that there IS something fraud
ulent In the document, ana Dy way OF sAtIS-9 'ilS
himself on the subject, thumbs it prcks it with
pns" With counsel II may be little better. for 1t
seems a matter Of belief that "a specific amount Of
rough handling and OF eXtraneous matter deposited
must pave the way the conviction that the paper
should be an object of scrutiny As If the thumb
ing and pulling not enough. it is usual for The
keeper of the document to fold and refoM me
paper each time 1t is taken from It's repository"
Mr.. Frazer discusses all the processes of a pre-
lminary examination with minuteness that proves
his enthusiastic devotion to his theme. lie enumer-
ates all possible evidences OF tamperinG. Here
enters the definition of forgery consisting
''either in erasng from a document certain marks
which existed upon II. in adding others not there
originally. in both operations, of which the first
mentioned is necessarily anteceden 10 the last as
where character or series Of characters Is sub
stltuted for another" The use Of the microscope
IN determining the character and relative Of the
inks used IN a writing is explained. especially In
composite photography, which seems 10 have feat
ures that appeal forcbly TO juries. The camera is
an infallble witness for the truth when properly
directed. Every phase OF expert procedure with
Handwriting seems to have a place in this book
The descriptive text is enriched with illustrations
from the authors experience Specialists WILL
perhaps find the particulars Of most interest 10
them in the long list of reagents and formulas for
applying them. and in the tables which contain the
averages Of disputed signatures. These tables are
sntended as their inventor 10 place the expert
In touch with the jury 10 whom he cannot present
a comparison OF actual signatures. Such compar-
son is the sole duty of the jury under the law
There Is a subtle Inconsistency here. however for
even with the tables proposed the aim Of the eX-
pert is comparison and nothing else. Among the
1llustrat tons are many examples OF handwriting in
fac-simile.