those of manufacturers of the best known foreign and
domestic 〃black〃 inks and 〃chemical writing fluids〃
in use during the past century; as well as those
of the present time。
Adriana
Allfield
Anderson
Antoine
Arnaudon
Arnold
Artus
Ballade
Ballande
Barnes
Bart
Bartram
Beaur
Behrens
Belmondi
Berzelius
Bizanger
Blackwood
Blair
Bolley
Bonney
Bossin
Boswell
Bottger
Boutenguy
Braconnot
Brande
Bufeu
Bufton
Bure
Carter
Caw
Cellier
Champion
Chaptal
Chevallier
Clarke
Close
Cochrane
Collin
Cooke
Coupier and Collins
Coxe
Crock
Cross
Darcet
Davids
Davis
Delunel
Delarve
Delang
Derheims
Dize
Draper
Druck
Duhalde
Dumas
Dumovlen
Dunand
Dunlap
Ellis
Eisner
Faber
Faucher
Faux
Featherstone
Fesneau
Fontenelle
Ford
Fourmentin
Freeman
Fuchs
Gaffard
Gastaldi
Geissler
Geoffroy
Gebel
Goold
Goupeir
Grasse
Green
Guesneville
Gullier
Guyon
Guyot
Haenles
Hager
Haldat
Hanle
Hare
Harrison
Hausman
Heeren
Henry
Herepath
Hevrant
Higgins
Hogy
Hunt
Hyde
Jahn
James
Joy
Karmarsch
Kasleteyer
Kindt
Klaproth
Kloen
Knaffl
Knecht
Lanaux
Lanet
Larenaudiere
Lemancy
Lenormand
Leonhardi
Lewis
Ley Kauf
Link
Lipowitz
Lorme
Luhring
Lyons
MacCullogh
Mackensic
Mathieu
Maurin
Maynard and Noyes
Melville
Mendes
Meremee
Merget
Minet
Moller
Moore
Mordan
Moser
Morrell
Mozard
Murray
Nash
Nissen
Ohme
Ott
Paul
Payen
Perry
Peltz
Petibeau
Platzer
Plissey
Pomeroy
Poncelet
Prollius
Proust
Pusher
Rapp
Reade
Redwood
Reid
Remigi
Reinmann
Rheinfeld
Ribaucourt
Ricker
Roder
Ruhr
Runge
Sanford
Schaffgotoch
Schleckum
Schmidt
Schoffern
Scott
Seldrake
Selmi
Simon
Souberin
Souirssean
Stafford
Stark
Stein
Stephens
Stevens
Syuckerbuyk
Swan
Tabuy
Tarling
Thacker
Thomas
Thumann
Todd
Tomkins
Trialle
Triest
Trommsdorff
Underwood
Vallet
Van Moos
Vogel
Wagner
Walkden
Wallach
Waterlous
Windsor and Newton
Winternitz
Woodmansee
Worthington
CHAPTER XXIII。
CHEMICO…LEGAL INK。
ESTIMATED VALUE OF SCIENTIFIC EVIDENCE AS HELD BY
THE COURT OF APPEALSNOW BEYOND THE PURVIEW OF
CRITICISMVERDICTS IN THE TRIALS OF CAUSES AFFECTED
BY SUCH EVIDENCELENGTH OF TIME NECESSARY
TO OVERCOME PREJUDICE AND IGNORANCE
WHERE OBJECTIONS TO SUCH EVIDENCE EMANATE
SOME OBSERVATIONS ABOUT SUCH EVIDENCE GENERALLY
WHEN PRECEDENT WAS MADE TO CHEMICALLY
EXAMINE A COURT EXHIBIT BEFORE TRIALTHE
CONTROVERSY IN WHICH JUDGE RANSOM MADE THIS NEW
DEPARTURECITATION OF THE CASE AND ITS OUTCOME
DECISION IN THE GORDON WILL CASE OBTAINED
BY THE SCIENTIFIC EVIDENCECOMPLETE STORY
ABOUT ITHISTORY OF THE DIMON WILL CASE AND
HOW CHEMISTRY MADE IT POSSIBLE TO CONSIDER
ITOPINION OF JUDGE INGRAHAMPEOPLE OF THE
STATE OF NEW YORK V。 CODYTHE ATTEMPT TO PROVE
AN ALLEGED 〃GOULD〃 BIRTH CERTIFICATE GENUINE;
FRUSTRATED BY CHEMICAL EVIDENCETHE DEFENDANT
CONVICTEDTHE PEOPLE V。 KELLAMCHEMICAL
EVIDENCE MAKES THE TRUTH KNOWNTHE HOLT
WILL CASE AND THE EVIDENCE WHICH AFFECTED ITS
RESULTTHE TIGHE WILL CASEOPINION OF JUDGE
FITZGERALD。
〃The administration of justice profits by the
progress of science; and its history shows it to
have been almost the earliest in antagonism to
popular delusion and superstition。 The revelations
of the microscope are constantly resorted to in
protection of individual and public interests。 。 。 。
If they are relied upon as agencies for accurate
mathematical results in mensuration and astronomy;
there is no reason why they should be deemed
unreliable in matters of evidence。 Wherever what
they disclose can aid or elucidate the just determination
of legal controversies there can be no well…
founded objection to resorting to them。〃 Frank
v。 Chemical Nat。 Bank; 37 Superior Court (J。 &
S。) 34; affirmed in Court of Appeals; 84 N。 Y。
209。
THIS decision by a final court of adjudicature; expresses
in no uncertain terms the now generally estimated
value of evidence which science may reveal。
The importance which that branch of it denominated
〃Chemico…legal ink〃 has attained and its utilization
in many trials of causes both civil as well as criminal;
places it beyond the purview of criticism or objection。
With the introduction of a new class of inks in the
last two decades; its scope has been much broadened。
Innumerable verdicts by juries wherever the system
prevails; all over the world; the opinions of learned
judges; whether presiding during a jury trial or sitting
alone; more or less affected by this character of evidence;
presents fairly the trend of the views of the
public mind respecting it。
Constant experiment and successful demonstrations;
covering a period of over fifty years; was necessary to
overcome prevailing prejudices and ignorance。
The conditions to…day; which happily obtain; are
that the objection to the introduction of such evidence
finds its source usually in the side seeking to obscure
and hide the truth or facts; while the honest litigant
or innocent individual hastens to advocate its employment。
Another feature worthy of consideration is that
persons who possess intimate knowledge of ink chem。
istry and who might otherwise successfully perpetrate
fraud if opportunity presented itself; refrain from
making the attempt because of that very knowledge;
which is sufficient also to teach them of the possible
exposure of their efforts。 Again; they and others are
aware of the reliance placed on chemico…legal evidence
as an aid to the cause of justice by courts and
juries and this is an added reason why they hesitate
to take chances。 These propositions being true; they
establish another one; viz: that most of the attempted
frauds at the present time in this connection; are by
the ignorant and those whose conceit does not permit
them to believe that any one knows more than themselves。
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。'
〃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
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