Wenchell v. Stevens
Wenchell v. Stevens
Opinion of the Court
Opinion by
The only material question involved in this appeal is the action of the court in sustaining the objections to the offers of the testimony of Dr. John C. Price and Charles L. Griffin, the one a microscopist and the other a photographer. The important question of fact for decision by the jury in the trial in the court below was, whether the word “ seal,” inclosed within a scroll, had been added to the note after it had been signed by the defendant. The genuineness of the signature to the note was admitted, and the note, as well as a photograph of it, and an enlarged photograph of the three last letters of the signature taken with the scroll and its inclosed word, were received in evidence without objection.
It was conceded that Dr. Price was an expert in the use of the microscope, and that Mr. Griffin had had twenty-five years’ experience as a photographer. The offer in each case was to prove that, with the aid of the microscope .and camera, the witness would say that the last part of the signature over
The Act of May 15, 1895, P. L. 69, defines the competency of experts and the rules of evidence in questions of simulated or altered handwritings, and if we assume the scroll and its inclosed word to be “ a writing in dispute ” within the provisions of that act, there is nothing in this case to suggest a comparison or placing in juxtaposition of genuine or disputed handwritings. The act in nowise changed the law as to other evidence in determining the fact in dispute in this case: Shannon v. Castner, 21 Pa. Superior Ct. 294. Experts in microscopy or photography are not required to be experts in handwriting in order to qualify them to testify to special facts within the range of their particular scientific investigation. The note being in evidence before the jury, inevitably the admitted signature and disputed scroll would be compared. To the naked eye it is apparent that they touch or may overlap ; whether the name was written first or both by the same ink, was the controverted fact. If a competent expert microscropist or photographer could confidently say that the letter of the signature was over- the scroll, his testimony should be received, and if he gave intelligent reasons for his conclusions,
As stated by Dr. Wharton in his work on Criminal Evidence, sec. 9, “ Whenever there, is a specialty in which there is an expert, then the expert may be examined as to the specialty. What the telescope can assure us of; what the microscope can assure us of; what we can be assured of by chemical tests; what we can be assured of by careful induction, produced by long and accurate observation, as to all these lines, experts are summoned.” The principal contention, however, is that, conceding the scientific knowledge of the artists, and that care and skill were used in the observations; yet, it was not competent for them to testify to what they saw in their field of vision under the microscope and in the camera, in support of the offers. Even in confining the question to such limited boundaries, we are not without authority to warrant the admission of such testimony. In Stevenson v. Gunning’s Estate, 64 Vt. 601 (25 Atl. Repr. 697), it was held that, a witness shown to be an expert in the use of the microscope might properly be examined as to what he saw when he examined a note alleged to have been forged, in regard to its appearance; although it is error to allow one shown only to be an expert in the use of the microscope to go further and express his opinion that one character had been changed to another. And in Bridgman v. Corey’s Estate, 62 Vt. 1 (20 Atl. Repr. 273), it was held to be error “ to exclude the testimony of an expert witness, that upon an examination under the microscope, of the paper bearing the writing in question, he discovered traces of pencil marks, and that the fiber of the paper has the appearance
When the note was offered in evidence, the court held that there was not any alteration apparent on the face of the paper, such as courts take notice of as matter of law to require the person offering it to explain an alleged alteration before receiving it is an item of evidence. This ruling was manifestly proper, and, as the note then appeared from an inspection of the paper itself, the seal was an integral part of it: Duncan v. Duncan, 1 Watts, 322. It was not a question of the sufficiency of the seal as such, but of its genuineness. If found by the jury to be genuine, it would follow, as matter of law, from its location and form, that the maker adopted it as his seal, and the jury should have been so instructed. The slight departure from the printed line where the signature touched the scroll from above, would not, of itself, be sufficient to justify the jury in finding that the maker intentionally avoided a genuine seal which had been placed for his adoption. The validity of a writing should not be imperiled by so unsubstantial and meaningless a fact. The defense was that there was no seal on the paper when the defendant signed it. How then could it reasonably be urged that he slanted his signature to avoid and reject the seal he was contending had no existence ? Whether the seal on this note was adopted by this defendant was for the jury under all the evidence: Hacker’s Appeal, 121 Pa. 192; Lorah v. Nissley, 156 Pa. 329. Nor is it important that the usual attestation clause is lacking from the body of the note. As stated by Chief Justice Tilghman in Taylor v. Glaser, 2 S. & R. 502, “Two principles are well founded: One, that although in the body of the writing, it is said, that the parties have set their hands and seals, yet it is not a specialty unless it is actually sealed and delivered; another, that if it be actually sealed and delivered, it is a specialty, although no mention be made of it in the body of the writing; the fact, and not the assertion, fixes the nature of the transaction.” See also Long v. Ramsay, 1 S. & R. 72; Miller v. Binder, 28 Pa. 489.
The judgment is reversed andavenire facias de novo awarded.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.