Forty Centuries of Ink: Or, A chronological narrative concerning ink and its backgrounds, introducing incidental observations and deductions, parallels of time and color phenomena, bibliography, chemistry, poetical effusions, citations, anecdotes and curiosa together with some evidence respecting the evanescent character of most inks of to-day and an epitome of chemico-legal ink.Carvalho, David Nunes
History
Forty Centuries of Ink: Or, A chronological narrative concerning ink and its backgrounds, introducing incidental observations and deductions, parallels of time and color phenomena, bibliography, chemistry, poetical effusions, citations, anecdotes and curiosa together with some evidence respecting the evanescent character of most inks of to-day and an epitome of chemico-legal ink.
Carvalho, David Nunes
Ink
Chemico-legal ink evidence as before stated has
been employed in the trials of causes for many years;
but it was not until the year 1889 that a precedent
was established for the chemical examination of a
suspected document preceding any trial. The honor
of this departure from the ordinary modes of procedure
belongs to the Hon. Rastus S. Ransom, who was
surrogate of the county of New York at the time.
The matter in controversy was an alleged will executed
in triplicate by one Thomas J. Monroe. Charges
were made that the three wills were spurious, as they
were facsimiles of each other. It was for the main
purpose of determining the methods of their make-up
that Judge Ransom rendered the opinion and made
the order for its chemical examination which is cited
in full:
Estate of Thomas J. Monroe.--"This is an application
by the special guardian and contestant in
this proceeding, which is now pending before the
assistant, for leave to photograph the various
papers which have been filed as the will of the
deceased, and to compel the filing of two parts of
one of said wills, which was executed in triplicate;
likewise that the last paper be subjected to chemical
tests for the purpose of disclosing the nature of
the composition of the ink and the process or
processes to which it has been subjected.
"Upon the oral argument the surrogate decided
the applications first stated in favor of the petitioner,
reserving only the question of his power to
direct or permit the chemical tests. The special
guardian on the oral argument stated that he was
unable, to find any authority for the application.
"Consultation of the various sources of authority
upon the subject of expert testimony and the
various tests for the purpose of establishing or disproving
handwriting has not resulted in the discovery
of any authority for granting the application.
It is apparent, however, from some of the cases
that such an examination must have been permitted;
for instance, in Fulton v. Hood (34th
Penn. State Reports, 365), expert testimony was
received in corroboration of positive evidence to
prove that the whole of an instrument was written
by the same hand, with the same ink, and at the
same time. It is inconceivable how testimony of
any value could be given as to the character of
ink with which an instrument was written, unless
it had been subjected to a chemical test. The
writer of a valuable article in the eighteenth volume
of the American Law Register, page 281 (R. U.
Piper, an eminent expert of Chicago, Ill.), in
commenting upon the rule as stated in the case of
Fulton v. Hood (supra), very properly says:
" 'Microscopical and chemical tests may be competent
to settle the question, but these should not
be received as evidence, I think, unless the expert
is able to show to the court and the jury the actual
results of his examination, and also to explain his
methods, so that they can be fully understood.'
Public-domain text, read in full here on John Shaqi.
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