Disputed Handwriting eBook

This eBook from the Gutenberg Project consists of approximately 226 pages of information about Disputed Handwriting.

Disputed Handwriting eBook

This eBook from the Gutenberg Project consists of approximately 226 pages of information about Disputed Handwriting.

The parts of a writing which demand the closest attention are those which have been made unconsciously and which are not easily noted by a superficial view.  The height, the spread of the letters, the peculiarities of the endings, the nourishes, and the general shape are things which the forger observes and imitates, often with success; but the curvature of a letter in its different parts is not easily appreciated by the naked eye.

There are but few laws in the United States regarding the functions of handwriting experts.  Courts in various states have followed decisions made by higher courts where matters affecting expert testimony have been carried to the court of last resort.  A code of uniform laws on this question is being agitated and will soon be called to the attention of all state legislatures.  England has adopted a simple and concise law on admissibility of testimony of handwriting experts.

In the absence of such laws a few extracts from Stephens’ Law of Evidence, an English work, will be found interesting and instructive: 

Article XLIX:  “When there is a question as to any point of science or art, the opinions upon that point of persons specially skilled in any such matter are deemed to be relevant facts.

“Such persons are hereinafter called experts.

“The words ‘science or art’ include all subjects on which a course of special study or experience is necessary to the formation of an opinion, and amongst others the examination of disputed handwriting.

“Illustration:  The question is, whether a certain document was written by A. Another document is produced which is proved or admitted to have been written by A.

“The opinions of experts on the question whether the two documents were written by the same person, or by different persons, are deemed to be relevant.”

Article LI:  “When there is a question as to the person by whom any document was written or signed, the opinion of any person acquainted with the handwriting of the supposed writer that it was or was not written or signed by him, is deemed to be a relevant fact.

“A person is deemed to be acquainted with the handwriting of another person when he has at any time seen that person write, or when he has received documents purporting to be written by that person in answer to documents written by himself or under his authority, and addressed to that person, or when in the ordinary course of business, documents purporting to be written by that person have been habitually submitted to him.

“Illustration:  The question is, whether a given letter is in the handwriting of A, a merchant in Calcutta.

“B is a merchant in London, who has written letters addressed to A, and received in answer letters purporting to be written by him.  C is B’s clerk, whose duty it was to examine and file B’s correspondence.  D is B’s broker, to whom B habitually submitted the letters purporting to be written by A for the purpose of advising with him thereon.

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Disputed Handwriting from Project Gutenberg. Public domain.