While the expert in handwriting should confine himself to the concrete examinations of the paper, ink, seals, etc., and leave to the counsel the task of reasoning on the purport of the words added, and all other matters not allied to the materials left as the result of the forgery, yet it would be unreasonable to neglect altogether these means of corroborating a previously formed suspicion, or directing a course of inquiry.
That expert would be more or less than human who could shut his eyes to the importance of the fact that certain words containing evidence in the manner of their formation or their position that raised doubts as to their genuineness by their import gave to the person who might have written them benefits which he would not have derived in their absence.
The parts of a writing which demand the closest attention are those which have been made unconsciously and which are not easily noted by a superficial view. The height, the spread of the letters, the peculiarities of the endings, the nourishes, and the general shape are things which the forger observes and imitates, often with success; but the curvature of a letter in its different parts is not easily appreciated by the naked eye.
There are but few laws in the United States regarding the functions of handwriting experts. Courts in various states have followed decisions made by higher courts where matters affecting expert testimony have been carried to the court of last resort. A code of uniform laws on this question is being agitated and will soon be called to the attention of all state legislatures. England has adopted a simple and concise law on admissibility of testimony of handwriting experts.
In the absence of such laws a few extracts from Stephens' Law of Evidence, an English work, will be found interesting and instructive:
Article XLIX: "When there is a question as to any point of science or art, the opinions upon that point of persons specially skilled in any such matter are deemed to be relevant facts.
"Such persons are hereinafter called experts.
"The words 'science or art' include all subjects on which a course of special study or experience is necessary to the formation of an opinion, and amongst others the examination of disputed handwriting.
"Illustration: The question is, whether a certain document was written by A. Another document is produced which is proved or admitted to have been written by A.
"The opinions of experts on the question whether the two documents were written by the same person, or by different persons, are deemed to be relevant."