Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1898-10-12
PHOTOGRAPHY IN EVIDENCE.

| Photography now plays an important
| and useful part in many of our court
rooms and in recent years the camera has
ofttimes contributed largely TO the under
standing Of jurymen. The photograph,
| I'm a technical sense, furnishes what the
| lawyers call secondary real evidence
| that is, evidence directed to the senses
of the court or jury and which tells its
own story" A good instance of the
utility of the photographers art will
probably be furnished when the case of
James Penrose Carter, charged with the
murder of Charles F. Moore, comes up
for trial in November. Shortly after tho
homicide the Commonwealths Attorney
Of Henrico had the wounds Of the de-
ceased photographed and these pictures
will doubtless be accepted as evidence,
and may throw light on the tragedy, or
rather on the nature OF the injuries in
Hicted.
Since photography became a well es-
tablshed science, or mechanical art, and
the public learned to appreciate the ac-
curacy of it's products, the courts have
in nearly every case taken judicial notice
Of photographs and accepted them as re-
liable evidence. Indeed, Georgia Judge,
referring some years ago to this subject,
said: 1--WE cannot conceive of a more
truthful witness than the sun as its
light stamps and seals the similitude of
the thing on the photograph put before
the jury; it would be more accurate than
the memory of witnesses, and as the OBJ
ject of all evidence is 20 show the truth,
why should not this dumb witness show
it?'
The photograph, or daguerreotype-for
even in the first stages of the art its pro-
ducts were admitted into the courtroom
has. over and over again, served as
a medium of identification for persons
who were the Subject matter of litiga-
ton. In the celebrated Tichborne case,
the Lord Chief Justice held that the re-
semblauce of the claimant to a family
daguerreotype of Roger Tichborne was
relevant
The appearance of individuals, as shown
by photographs, is often the means Of
confirming or rebutting a witness. The
current number of Law Notes, in treat
ing this subject, gives an amusing case
where a controversy concerning a de-
PENDANTS "side whiskers" was settled
by pictures taken with the camera.
The X-ray photograph will, as soon as
the process is perfected. prove specially
useful in disclosing the condition OF
broken bones, bullet wounds, and the
like to lawyers and juries.
Quite recently some of these pictorial
representations were admitted as evil |
dence in damage suit in Tennessee. |
The Court, however, stated that it must |
not be understood that every photograph |
taken by the cathode process would be |
admissible. It's competency, to be first |
determined by the trial judge, depends |
upon the science, skill, experience, and |
intelligence of the person taking the |
picture and testlfying with regard to it.
And We ourselves. though not speaking |
judically, would warn juries not to place |
too much confidence in the Photographic |
smiles of the persons portrayed. The
pleasant look" so often seen on the
faces of the cameras victims, is due
entirely TO the responsiveness and wiles OF
the photographer, and is only obtained
after many manoeuvres the part of
the individual who poses his patrons.
Technically speaking the Photographic
smile is only prima face evidence, which
is open to rebuttal.