New-York tribune., 1910-09-25
WHEN EXPERTS TAKE STAND
Not Their Opinions but Reasons There
for Are Testimony, Says Mr.. Kinsley

| To the Editor of The Tribune
! Sir- Tn The Tribune of the 14th inst
there appeared an Associated Press dis-
match from Nevburg, y. Y. quoting from
| the opinion of Justice Tompkins In the
case of Barker agt Stroppel. in the SUI
prer,,e Court of Orange County. in which,
referring to the testimony of the hano-
writing expert for the plaintiff and my
| testimony for the defendant. Judge Tonp-
kins said And in the contradictory testi-
nony of these two we'll known handwriting
experts We have emphasized again the uh-
reliability of that kind of testimony Had
I nothing but the sworn testimony of these
two handwriting experts as my guide IN
this case I should disregard the testimony
of both and hold that the plaintif hao
failed to prove his case, but
It is too bad that the reporters could not
have taken the remainder of this para
graph from the opinion. The reading OF
your dispatch. and as IL appeared in other
newspa pers as we'll, showed that they cut
the sentence in two, putting the period
after the word case The rest of the
sentence and the remaining portion Of the
paragraph read as follows
But the testimony of the defendants
witness. Kinsley. was supplemented by
tests iSd made nj Ell n court by the use OF S1
glasses. in which the court participated.
and by which It seemed at least TO be
demonstrated that the ink in the disputed
clause was of the same as that used in
the rest of the instrument
Whether that result was accomplished
and whether a different acid would show
different result. I do not know, but the
appearance of the writing in question and
a comparison of it with the other writing
and ink upon the copies of the lease in
evidence seem to me TO corroborate the
testimony of the witness kinsley 70 the
effect that all of the writing with one
quality and color of ink The appearance
of the lease I'm question and the disputed
clause on the first page thereof strongly
indicate to my mind that all of the hrst
page was written at the same time and
with the same pen and ink 1t Is almost
impossible. even with the same pen and
ink, TO have writing which Is done at dtf-
ferent times on a single sheet of paper
appear as IL all were written az one time
Evidently Judge Tomrkins has used the
word "testimony'' for OPINION in the
sentence and IN the contradictory testi-
rnony of these two we'll known hand
writing experts etc. and again IN the
sentence. Had I nothing hut the sworn
testimony of these two handwriting ex-
perts'' ! think that he intended 10 use
opinion instead of testimony
It is q prevalent attitude among lsynnen
and lawyers and has been too much made
a practice to consider as testimony the
mere opinion of an expert. unsupported by
any reasons. IT is not the opinion alone
that should he considered but the reasons
for the opinion-in fact. the reasons for
the opinion should in reality be considered
as the testimony. but the opinion itself
should not he given much weight unless
the witness can by reasoning and demon
strations by means of photogrs phs, the
microscope and chemistry enable the court
and jury to see through his the expert
witnesses eyes
In his able new work. Questioned Doc
uments.' Albert S. Osborn says on this
point: The primary purpose and function
of questioned document expert testimony
is not to foist ready made opinion on
court and jury. but to assist the jury In
reaching a correct Interpretation of the
facts before them. The Importance of the
bare opinion given by the witness should
be constantly minimized and the reasons
for the opinion should be elaborated and
emphasized Two mere opinions in conflict
may neutrsize each other. but this is not
usually true of two reasons
Handwriting testimony is in reality
sworn argument. and Dr. Johnson has
said; You cannot help paying regard TO
arguments if they are good. Testimony is
like an arrow, shot from a long bow: the
force OF 1t depends on the strength of the
hand that draws it, Argument is like an
arrow from a crossbow. which has equal
force, though shot by a child
WILLIAM J. kINSLEY.
New York. Sept q, 1910.