Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1916-05-30
Albuquerque Morning Journal Tuesday, May 80, 1916.
DISBARMENT OF MARION
& WOOD NOW ON TRIAL

fronfinued From pnye Onel
= ,---~~NI>e~-
Marie the opinion III the Herald
story, but Mr. Marion requested that
| lf he published anything about the
| matter at ALI he print the opinion in
| full
| Later in the day. according to the
witness, Mr.. Marion again came 10
| the Herald office, TO see about the
| advertisement already mentioned, and
| at that time was shown proof OF
the story regarding Judge Popc's sup
lplemcntal order. After Mr. Marion
| had read the proof, witness asked
| him II the story was correct, and was
told that It was. Mr. Marion asked.
however. that the name of Judge
Pope oe omitted from the story, and
this was done The newspaper pub
lcatlon was then offered in evidence
without objection.
Expert TCstificS.
Mr.. Burkhart stated that this was
all The evidence that would he offered
on this branch of the case. The
charge of fabrieating documents in
the Garcia viii case was then taken
up. Marshall y. Ewell Of Evanston,
Ill. was placed on the stand, Mr..
Wilson taking charge of the cXamin-
alton OF the witness
Witness gave his occupation as that
of handwriting expert. and told of
his qualifications. He is a graduate
in both law ana medicine and has a
number Of scholastic and honorary
degrees. He has been the president
of the Illinois Microscopic society and
"A member or officer OF numerous sci
entifc societies, besides having been
a professor Of Law in Northwestern
university and the author of a num-
Der of legal works, including a work
on medical Jurisprudence. He declared
he's been "A handwriting expert since
1884 and has been u witness in
number Of noted cases including the
second Molineaux triad in New york,
and the Hartio divorce trial in Pitts
burgh.
Pcculiaritics of Letters.
Dr. Eweil, as he was called through
ont the examination, was handed six
documents, two of them legal papers
admittedly drawn in the office Of
Marrun and Wood, and the other four
the disputed letters introduced in cV-
idence in the Garcia will case. and
adiudged by court in that case. to be
spurious He declared that he had
made a careful examination of these
documents and had come to the con-
clusion that they were an drawn on
the same typewriter.
Called upon to give reasons, for
his opinion, Dr. E,well stated that the
combination Of the letters "ea." in all
OF the documents had the same de-
feet, which was, that the "a" was
lower than the &C." The combination
Of ea," as found in the letters was in
the word dear" while IN the other
documents, II was in such words as
deceased" each" thereafter"
hearing" and seal In overy IN
stance, he declared, the same pecu-
liarity in the combination existed The
witness also declared that there were
q number of letters that had the
same defects in all six of the docu-
ments examined. These G@.scts were
principally a slant Of the letters from
the vertical the defective letters being
b, d, +, l. and i. ana a marked pc
culiarity Of the letter W, which he
said, had seraph knocked off the
upper right hand corner, and a curve
shaped 10 the right side of the let
ter. In the case Of the ". he said I
this was the first instance of the Kind I
he had ever encountered in the eX-
of typewriter documents
All the peculiarites referred TO. he /
said, were so marked as 10 be notice !
able without the use of a glass.
Question of Probabilities.
The witness explained that If there
han boon only one Of these letters that /
had the same peculiarly through all
the six documents, there might be a
possibility that the documents had
been drawn on different typewriters
having the same defects, but that with
each succeeding defect shown. the
against such thing in
'reased enormously, and with the
lumber that existed in these docu-
tNf''N' ~ A'7'iNN tilht lIlt tilHilCeS
'gainst this being the case were more
han a billion to one--n fact he de-
Jared they were such as to stag
ger the intellect" Al this point the
curt recessed until o'clock, when
he direct examination of the witness
'ontinued. Or Ewel explained his {
method of making Investigations of ]
disputed documents and showed in
curt the various kinds of grinders