Science and the Criminal

by C. Ainsworth Mitchell

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.