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its
way of facilitation to this opinion, to use one of the genuine letters in
the case ?
Chief Justice Shaw. That will be a subject for consideration here-
after.
167r. Bemis. State the grounds of your opinion, that this is Dr.
Webster's hand-writing, from your knowledge of it.
Mr. Gould. As I observed at the commencement, it is impossible
for me to explain the reasons for my opinion, without going into some
particulars which may seem very trivial, but which are to me abso-
la.tely necessary. I hope that I shall not say anything that is not, rel-
evant to to the cause and the subject. In all the practice that I have
ever had in writing, I never have been able to satisfy myself that I
could make two letters precisely alike. I do not think that I could
make two letters that will exactly correspond, if one is placed top
of the other. But still, when I have had scholars to teach, I never
saw the time, even when I had a large number of them, but what I
could designate who wrote any writing that was presented to me.
There is some peculiarity which shows that it belonged to a particular
individual; and as every one has this peculiarity, it is next to im-
possible to attempt to get rid of it, when he attempts to disguise the
hand.
Mr. Sohier. We understood the Court to rule, that the witness
was to point out the similarities of hand-writing.
Chief Justice Shaw. He has not gone beyond that point.
Mr. Sohier (aside). He has not reached it.
Mr. Gould. I should be very glad to answer only yes and no. I
do not know any other way than to give those similarities of hand-
writing in my own way. As it was observed by the Counsel, every
man that attempts to disguise his hand must either do it by careless
flourishing, entirely letting his hand loose, or else he must be on his
guard in every stroke that he makes, in order to prevent its showing
exactly who wrote the letter. It is next to impossible for any one
to continue through any considerable amount of writing, without
making some of those letters which are peculiar to himself, and
which he has been in the habit of making in a peculiar manner,
and which he may attempt to male in some other manner.
Now, I find in this letter, that there are three letters which are en
tirely different from what Professor Webster's hand-writing is; or,
rather, two letters and a character, vii. : the letters a small, and r
small, and the character ~, which he. almost universally makes in one
particular manner, but which in this letter are made differently. He
uses the character, without writing the word. In other small letters,
we find nothing dissimilar from his usual hand-writing. I find some
striking similarity in the letter I. [Some checks were about to be
shown to witness, but the defence objected to anything but the names.
The objection was withdrawn, however. Letter to Marianne Webster
shown witness, and memorandum found in prisoner's pocket; also the
letter to Marshal Tukey, and Dr. Webster's checks on the Charles
River Bank.] I find a similarity in the capital I which can hardly
be mistaken. The small letters, which I think similar, may not look
to the eyes of others as they do to me. As a naturalist may see minute
peculiarities in a shell, which might escape my eye, so, in hand-
writing, I notice similarities and shades of difference which are not per-
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