FREE BOOKS

Author's List




PREV.   NEXT  
|<   14   15   16   17   18   19   20   21   22   23   24   25   26   27   28   29   30   31   32   33   34   35   36   37   38  
39   40   41   42   43   44   45   46   47   48   49   50   51   52   53   54   55   56   57   58   59   60   61   62   63   >>   >|  
conceived design, with a failure of the power to execute it. Observations such as the preceding are frequently of great value in aiding the expert to understand the phenomena which he meets, and they belong to a class which does not require the application of standards of measure, but only experience and memory of other similar instances of which the history was known, and a sound judgment to discern the significance of what is seen. No general rules other than those referred to above can be given to guide the student of handwriting in such cases, but the differences will become sufficiently apparent with sufficient practice. A well-known banker, writing to the author of this work, makes some points on the subject which are rather disturbing. His fundamental proposition is that the judgment of experts is of no value when based as it ordinarily is, only upon an inspection of an alleged fraudulent signature, either with the naked eye or with the eye aided by magnifying glasses, and upon a comparison of its appearance with that of a writing or signature, admitted or known to the expert, to be genuine, of the same party. He alleges, in fact, that writing and signatures can be so perfectly imitated that ocular inspection cannot determine which is true and which is false, and that the persons whose signatures are in controversy are quite as unable as anybody to decide that question. Nevertheless, the law permits experts to give their opinions to juries, who often have nothing except those opinions to control their decisions, and who naturally give them in favor of the side which is supported by the greatest number of experts, or by experts of the highest repute. Decisions upon such testimony this banker regards as no better than, if quite as good as, the result of drawing lots. Of course he cannot mean to include under these observations, that class of forgeries which are so bunglingly executed as to be readily detected by the eye, even of persons not specially expert. He can only mean to say that imitations are possible and even common, which are so exact that their counterfeit character is not determinable by inspection, even when aided by glasses. At first blush this contention of the banker is extremely a most unsatisfactory view of the case, and the more correct it looks likely to be, the more unsatisfactory. Courts may go beyond inspection and apply chemical on the tests, but such tests cannot be resorted
PREV.   NEXT  
|<   14   15   16   17   18   19   20   21   22   23   24   25   26   27   28   29   30   31   32   33   34   35   36   37   38  
39   40   41   42   43   44   45   46   47   48   49   50   51   52   53   54   55   56   57   58   59   60   61   62   63   >>   >|  



Top keywords:
inspection
 

experts

 

expert

 

writing

 

banker

 

signature

 
judgment
 

signatures

 

persons

 
opinions

unsatisfactory

 

glasses

 

greatest

 

number

 
supported
 

naturally

 

juries

 
decide
 

question

 

Nevertheless


unable

 

controversy

 
permits
 

control

 

highest

 

decisions

 
observations
 

contention

 
extremely
 
counterfeit

character

 

determinable

 

chemical

 

resorted

 

correct

 

Courts

 

common

 

result

 

drawing

 
Decisions

testimony
 

include

 

detected

 

specially

 
imitations
 

readily

 

executed

 
forgeries
 

bunglingly

 

repute