Bemis Report of the Webster Trial, 1850 [1897], Image No: 134   Enlarge and print image (64K)           << PREVIOUS  NEXT >>
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Bemis Report of the Webster Trial, 1850 [1897], Image No: 134   Enlarge and print image (64K)           << PREVIOUS  NEXT >>
M4 TRIAL OF JOHN Vi'. WEBSTER. To the Chief Justice.-My opinion, is, that it is the same handwriting with the "Dart" and "Civis" letters. To Mr. Sohier, again.-I should not think, that any person could write a disguised hand, twice, alike. I do not base my opinion, as to this East Cambridge letter, upon (what I consider,) the other disguised letters of the defendant's. I have been called, a dozen times, perhaps, to give an opinion upon writing, not written with a pen, but supposed to have been written with a stick. George G. Smith, sworn.-examined by Mr. Bemis. 1 am an engraver. In the course of my business, I have been obliged to acquaint myself with penmanship, especially for the purpose of engrav- ing, fac-similes of handwriting. I have been called, frequently, to give an opinion of handwriting, as an expert, in court. I am acquainted with the defendant's, signature, from seeing it appended to the medical diplomas. I have also received notes from him, in former years. [The "Civic," "Dart," and "East Cambridge" letters, were here exhibited to the witness, together with the other genuine specimens of handwriting, submitted to Mr. Gould.] I have seen and examined these letters, before; together with all the specimens of genuine handwriting in the case, except the letter addressed to Miss Webster. In regard to the "Civic" letter, I am compelled to say, from the attention which I have given to the subject, that it is in Professor Webster's handwriting. I am very sorry to say, that I feel quite confident of this. In regard to the "Dart" letter, I find certain peculiarities, as in the other. I should think that it might be his, but cannot speak of it with any great degree of confidence. I have no doubt, but that the envelope and interior were written by the same hand. The erasure looks, .to me as if a part of it might have been made with the finger, when the ink was wet, and a part with something else; though not with a pen. Of the East Cambridge letter, I should only speak with the same degree of confidence, as of the last. I find certain peculiarities in it, wh'i'ch resemble Dr. Webster's writing, but they are not such, as to render the matter entirely conclusive, to my mind. I should say, that it was not written with a pen, or a brush. It looks as if made with some soft instrument, from the peculiar appearance of the shading. If done with a pen, the shade would have been deeper. I think, that I can discover marks of fibres. [The pencil memorandum on the Cunningham account, as also on the $400 note, and the two small memoranda from the wallet, were exhibited to the witness. The counsel for the defence stated, that they should make no denial of either of these being the prisoner's.] Mr. Smith, resumes.-The erasures on the notes, could not have been made with a pen; at least, any ordinary pen; but must have been made with some soft substance. I can discover traces of some fibrous substance upon them.-[Applying to them a microscope, which was afterwards handed to the jury.] I have examined quite a number of specimens of Dr. Webster's handwriting, and consider myself acquainted with it. Cross-examined by Mr. Sohier.-The erasures an the notes could not have been made with a pen; unless, possibly, with a pen which had been soaked very soft. [Mr. Sohier hands to the witness some strokes, or dashes, which he had made with the back of a. steel pen.] There is a material difference in the two. In those now shown to me, there is wanting that softened shade at the termination of the strokes, and those fibrous marks, which are visible in the others. It is possible, that if the ink had cotton in it, that might account for the fibrous appear- ance.