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Old 10-15-2011, 01:50 AM
benjulmag benjulmag is offline
Join Date: May 2009
Posts: 329

Mark, I will respond to your post in time. You do not mention Curry. Is that because you didn't focus on it or because you thought the comparison Currys matched up well?

The point I wish to respond to in this post is that of Abravefan11. First, thank you for taking the time to read the newsletter and provide your views. Regardless whether I agree with them or not, I appreciate your contribution to this discussion.

The point you raise is an important one -- who has the burden of proof? In many instances, where there is no provenance or other external evidence linking two comparison subjects, and all one has are the images alone, then clearly one can't establish that they are the same individual merely by showing they are not different individuals. In such an instance, to establish the identification, compelling reasons must be shown via resemblance and a matching of various facial features.

But that is not what we are dealing with here. In this instance the Cartwright family has identified Alexander Cartwright (AJC) as being in the image. This identification dates to the 1930's and comes from AJC's grandson Bruce, who was ten years old when AJC died. One would certainly think that Bruce's views on this issue would be identical to those of his father and his grandfather. It is my opinion, given such extraordinary provenance, supported too by other ancilliary information which I mention in the newsletter, that THE BURDEN OF PROOF HAS NOW SHIFTED SUCH THAT TO REFUTE THE CARTWRIGHT IDENTIFICATION IN THE HALF PLATE ONE MUST ESTABLISH THE EXISTENCE OF EXCLUSIONARY DIFFERENCES (OR SOMETHING DARN CLOSE TO THAT). My expert, arguably as respected an expert in photographic facial examination as anyone in the field, opines quite emphatically that not only are there no exclusionary differences, but that the most photo ID can say in the negative about the ID is that AJC is possibly depicted in the half plate.

Or to say it another way, the evidence you say one must have to establish the ID needn't just be photographic evidence. It can also be extraordinary provenance, which exists here.

Last edited by benjulmag; 10-15-2011 at 01:56 AM.
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