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
"The writer of this article is also authority for
the statement that in the French Courts every
manipulation or experiment necessary to elucidate
the truth in the case, even to the destruction of the
document in question, is allowed, the Court, as a
matter of precaution, being first supplied with a
certified copy of the same.
"The most obvious argument to be urged against
allowing a chemical test to be made on a will, and
one that was suggested by the court on the argument
of this motion, is that, inasmuch as the paper
may be the subject of future controversy in this or
some other tribunal, future litigants should not be
prejudiced by any alteration or manipulation of the
instrument. I do not think, however, that this
objection is sound. Take an extreme case, of permitting
a sufficient amount of the ink (which the
affidavit of the expert shows to be but infinitesimal)
for the purpose of chemical examination;
the form of the letter would remain upon the paper;
if not, the form and appearance of the entire signature
might, as a preliminary precaution, be preserved
by photography. The portion of the signature
remaining would afford ample material for
future experiments and investigations in subsequent
proceedings wherein it might be deemed advisable
to take that course.
"Because the subject matter of the controversy
may be litigated hereafter should not deprive parties
in the proceeding of any rights which they
would otherwise have. They certainly are entitled
to all rights in this proceeding that the parties to
any future proceedings would have. Besides, all
the parties whose presence would be necessary to
an adjudication in, for example, an ejectment proceeding,
are (or their privies are) parties here. It
certainly cannot be that the law, seeking the truth,
will not avail itself of this scientific method of
ascertaining the genuineness of the instrument because
of some problematical effect upon the rights
or opportunities of parties to future litigations
respecting the same instrument. The possibilities of
litigation over a will are almost infinite, and if such
a rule should obtain this important channel of
investigation would be closed. Suppose the same
objection were raised to the first action of ejectment
which might be brought, it might then with
the same force be urged that parties to some future
ejectment suit would be prejudiced by a chemical
test of the ink used in the will, and so on ad infinitum.
"By not availing itself of this method of ascertaining
the truth as to the character of the ink, the
Court deprives itself of a species of evidence which
amounts to practical demonstration.
"I can see no reason why the application should
not be granted."
The order in part reads:
Public-domain text, read in full here on John Shaqi.
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