_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.
Public-domain text, read in full here on John Shaqi.
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