CHAPTER VI

EVIDENCE AS TO HANDWRITING

Illustrative Cases--Handwriting Experts

At one time the only evidence that was allowed to be given as to

handwriting was that of the writer himself, or of someone who had seen the

writing done, or was well acquainted with the handwriting in question.

Examples of evidence of this kind are numerous and occur in many of the

cases mentioned in other parts of this book, such as the trial of Spencer

Cowper in 1699, or of that of the Perreaus in 1775.

In the trial of Spencer Cowper (1699) an important part of the defence was

that the girl had drowned herself in a fit of depression, and letters

written by her were put forward to prove this view.

A gentleman named Marshall produced letters that he had received from her,

and a man named Beale gave evidence that he believed it to be in her

handwriting, having seen her write and holding a receipt of hers.

The jury declared they were satisfied with the evidence, but the judge

(Baron Hatsell) remarked that they might ask the mother to say whether it

was her daughter's handwriting.

Sarah Stout's brother was also questioned.

_Mrs. Stout._--How should I know! I know she was no such person; her hand

may be counterfeited.

_The Judge._--But if it were written in her more sober style, what would

you say then?

_Mrs. Stout._--I shan't say it to be her hand unless I saw her write it.

_Mr. Stout._--It is like my sister's hand.

_The Judge._--Do you believe it to be her hand?

_Mr. Stout._--No, I don't believe it; because it don't suit her character.

The judge in his summing up remarked that if the jury believed that the

letters were in the handwriting of Sarah Stout there was evidence to show

that although she was a virtuous woman a distemper might have turned her

brains, and discomposed her mind.

The history of the admission of expert evidence on handwriting in this

country is a curious one, and shows that opinion has long been divided as

to its value.

In a trial that took place in 1836 a bank inspector was put in the box to

give an opinion as to the genuineness of a signature and the judge refused

to admit this as evidence. The point was carried to the Court of Appeal,

but was still left unsettled, an equal number of judges being for and

against the admissibility of such evidence.

Mr. Justice Wills, in his standard work on _Circumstantial Evidence_,

relates that Lord Denman pronounced that evidence as to handwriting might

be regarded as an expunged chapter in the book of evidence. In spite of

this dictum, however, the evidence of the handwriting expert was made

legal in Civil Cases in 1854, and eleven years later it was also legalised

in Criminal law.

Long before a witness was permitted in this country to give his opinion

upon writing which he had not actually seen written, or with the author

of which he was unacquainted, expert evidence of this kind was admitted in

the laws of different countries in Europe and in many of the American

States.

HANDWRITING EXPERTS.

A good deal has been heard of late of the shortcomings of the handwriting

expert, and owing to a mistaken idea as to the nature of his evidence, the

view has been strongly expressed that such evidence should no longer be

admissible.

The present feeling against evidence on handwriting is partly due to an

exaggerated importance having frequently been attached to the conclusions

of the expert, so that as soon as it could be shown that he had made a

mistake, no further trust was to be placed in his opinion; and partly to

the dogmatic attitude of certain experts in the past.

As Lord Brampton pointed out in his _Reminiscences_, the judges in

mid-Victorian days were afraid to trust their own judgment in matters of

handwriting, and powers almost occult were ascribed to the expert, who,

after all, only uses ordinary scientific methods.

The true function of the handwriting expert is to act as a sign-post to

the jury. His observation has been trained to notice minute points of

resemblance and difference, and he is thus in a position to point out in

what respect and to what extent two handwritings resemble one another or

differ, and it is then for the jury to draw their own conclusions from the

facts laid before them.

It is now no uncommon occurrence for a judge in summing up a case to the

jury to emphasise the point that the evidence of the expert is only a

matter of opinion, and that the real decision rests with them. In this way

it is possible for the judge to correct the too decided statement of

opinion which the expert is sometimes, under stress of cross-examination,

forced to give.

Netherclift, who was the chief expert in the days when Lord Brampton was

at the bar, had such faith in his methods that finally he came to believe

that he could never make a mistake.

This belief received an amusing check in a case in which he was under

cross-examination by Lord Brampton (then Mr. Hawkins).

Netherclift had claimed that his system gave infallible results, and had

further stated that his son, whom he had trained, made use of the same

system.

"Then," said the wily advocate, "your son working on your system is as

good as you are?"

"Yes," replied the father with some pride in his voice, "he is."

"That is to say, he, too, is infallible?"

"Yes," again replied the witness.

"Well, now, Mr. Netherclift, was there ever a case in which you and your

son appeared on opposite sides?"

Netherclift tried to evade the question, which, he complained, was an

unfair one, but on being pressed was forced to admit that on a certain

occasion he had given evidence on one side and his son upon the other.

Swift came the unanswerable retort, "How comes it then that two

infallibles appeared on opposite sides?"

Netherclift's dogmatic manner rendered him peculiarly liable to fall into

traps like this, and many were the occasions on which he was found

tripping.

Readers of Lord Brampton's book will recall another amusing instance in

which the expert was "put in a hole" by his opponent, who tells the story

in these words: "When I rose to examine I handed to the expert six slips

of paper, each of which was written in a different kind of handwriting.

"Netherclift took out his large pair of spectacles, magnifiers, which he

always carried. Then he began to polish them with a great deal of care,

saying as he performed that operation, 'I see, Mr. Hawkins, what you are

going to try to do--you want to put me in a hole.' 'I do, Mr. Netherclift,

and if you are ready for the hole, tell me--were those six pieces of paper

written by one hand about the same time?'

"He examined them carefully, and after a considerable time, answered: 'No;

they were written at different times, and by different hands.'

"'By different persons, do you say?'"

"'Yes, certainly.'"

"'Now, Mr. Netherclift, you are in the hole! I wrote them myself this

morning at this desk.'"

The feeling of distrust with which the evidence of the expert in

handwriting is often regarded by the legal profession is illustrated by a

capital story that was told recently by Sir Edward Carson in a letter to

the _Times_. An Irish counsel in a now forgotten case began his

cross-examination of a handwriting expert with the curious

question--"Where's the dog?"

"What dog?" said the bewildered witness.

"The dog which the judge at the last assizes said he would not hang upon

your evidence."

How closely two distinct handwritings may resemble one another was shown

in a celebrated case in which handwriting experts were proved to be

utterly mistaken. This was the trial of Sir Francis Truscott, a former

Lord Mayor of London, at the Old Bailey in 1879.

It was asserted that the defendant had sent a post card to a friend named

John Kearns, who had at one time served with him upon the City Council,

accusing him of a criminal offence and warning him that he was being

watched by the police.

At the trial evidence was given in the most positive manner by a lady who

was acquainted with Sir Francis Truscott to the effect that the moment she

had been shown the card she had recognised the writing as his.

This opinion was supported by Charles Chabot, an expert in handwriting,

who stated in the witness-box that he was certain that the writing on the

post card had been done by the same individual who had written certain

letters of the defendant which he had examined. The similarities between

the two writings were, he asserted, too close not to have been the work of

one individual.

Evidence of the same character was then given by Netherclift, who swore

that from a minute comparison of the libellous post card with letters in

the admitted writing of the accused there could be no doubt but that they

were written by the same person.

The defence was opened by a witness named Smith being put in the box. He

stated that he knew both Mr. Kearns and Sir Francis Truscott, and was

aware that the friendship between them had ceased. He was then shown the

post card and asked whose was the handwriting upon it.

"I wrote the post card," he said. "It is my own writing."

Answering further questions, this witness stated that he had been abroad

when the charge was brought against Sir Francis Truscott, and that as soon

as he learned what had happened he had made an affidavit that the writing

was his.

The father of this witness produced post cards written by his son and

stated that the libellous post card was in the handwriting of his son and

not in that of Sir Francis. Evidence was also given by another witness who

knew both Sir Francis and Mr. Smith, and who had no doubt but that the

post card was in the handwriting of the latter.

At this stage the jury intimated that they had heard sufficient, and

brought in a verdict of "Not guilty."

Mr. Justice Wills records a case in which a bank clerk being shown a

forged signature swore positively that he had written it, while he was

doubtful as to the authenticity of signatures that were undoubtedly his.

Another instance of the way in which writing may be so skilfully imitated

as to deceive even the man whose writing it purports to be is afforded by

the trial of a solicitor named Shaw at the Derby Assizes in 1861.

He was accused of having forged a mortgage, and at the trial a client of

his named Abel went into the witness-box and in all good faith swore that

his genuine signature upon a document was not his, while he recognised the

forged signature as his genuine writing.

It was proved conclusively, however, at a subsequent action that was

brought three years later, in connection with the forged deed, that Abel's

signature upon it had been forged, and the convicted solicitor was brought

into court to give evidence that he had himself signed the document.

Another curious example, also cited by Wills, of the uncertainty of

evidence as to writing was that of a trial in which a deed that was

produced bore the signature of Lord Eldon. The solicitor in the case had

no doubt as to this being a genuine document, and yet it was positively

stated by Lord Eldon that he had never witnessed any document in his life.

The cases of wrong conclusions as to handwriting have been as numerous as

those of mistaken identity of person, and have had as tragic consequences.

The notorious case of Beck will occur to everyone as an instance of a man

being not only wrongly identified, but of being also the unfortunate

possessor of a handwriting that had a close resemblance to the writing of

someone else.

The two false identifications combined were sufficient to send an innocent

man to prison, and it was long before it was established that the

witnesses upon whose evidence he had been convicted had been utterly

mistaken both with regard to his identity and his handwriting.

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