On the Legal Rights And Responsibilities of the Deaf And Dumb Reprinted From Th
On the Legal Rights And Responsibilities of the Deaf And Dumb Reprinted From Th
Harvey Prindle Peet
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To which we would add, for the reasons already given, that as a general rule (exceptions have been noted on previous pages, ) an examination by signs through a competent interpreter is preferable to any other mode. In regard to the other questions raised on this trial, there is room for difference of opinion. It appears to us that the rule of law which precludes parol evidence of the contents of a written paper, except upon proof that the paper is lost, should not be as stringently enforced in ...the case of conversations held by a Deaf Mute in writing as in other cases. A Deaf Mute who expressed her ideas, as was the case with Celestia, but imperfectly in writing, would, at the time of writing, explain and enforce her meaning by accompanying looks and gestures. Hence the ac- tual impression made by the communication at the time, might be quite different from that which the mere writing would con- vey, especially to one not conversant with the peculiar idioms of the Deaf and Dumb. The writing would be but a part of the actual communication.
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