The Project Gutenberg eBook, Disputed Handwriting, by Jerome B. Lavay This eBook is for the use of anyone anywhere at no cost and with almost no restrictions whatsoever. You may copy it, give it away or re-use it under the terms of the Project Gutenberg License included with this eBook or online at www.gutenberg.org Title: Disputed Handwriting Author: Jerome B. Lavay Release Date: November 10, 2004 [eBook #14003] Language: English Character set encoding: ISO-8859-1 ***START OF THE PROJECT GUTENBERG EBOOK DISPUTED HANDWRITING*** E-text prepared by Ted Garvin and the Project Gutenberg Online Distributed Proofreading Team "Handwriting is a gesture of the mind" DISPUTED HANDWRITING An Exhaustive, Valuable, and Comprehensive Work upon One of the Most Important Subjects of To-day. With Illustrations and Expositions for the Detection and Study of Forgery by Handwriting of All Kinds By Jerome B. Lavay The first work of the kind ever published in the United States. For the Protection of America's Banks and Business Houses. 1909 TO THE AMERICAN BANKERS' ASSOCIATION THAT POWERFUL AGENCY WHICH HAS ELEVATED THE STANDARD OF BANKING IN THE UNITED STATES AND AN INSTITUTION THAT FOLLOWS ALL WRONGDOERS AGAINST MEMBERS OF THE FRATERNITY RELENTLESSLY AND SUCCESSFULLY THIS WORK IS MOST RESPECTFULLY DEDICATED CONTENTS CHAPTER I HOW TO STUDY FORGED AND DISPUTED SIGNATURES All Titles Depend Upon the Genuineness of Signatures—Comparing Genuine with Disputed Signatures—A Word about Fac- simile Signatures—Process of Evolving a Signature—Evidence of Experience in Handling or Mishandling a Pen—Signature Most Difficult to Read—Simulation of Signature by Expert Penman—Hard to Imitate an Untrained Hand—A Well-Known Banker Presents Some Valuable Points—Perfectly Imitated Writings and Signatures—Bunglingly Executed Forgeries—The Application of Chemical Tests—Rules of Courts on Disputed Signatures—Forgers Giving Appearance of Age to Paper and Ink —Proving the Falsity of Testimony—Determining the Genuineness or Falsity by Anatomy or Skeleton—Making a Magnified Copy of a Signature—Effectiveness of the Photograph Process—Deception the Eye Will Not Detect—When Pen Strokes Cross Each Other—Experimenting With Crossed Lines—Signatures Written With Different Inks—Deciding Order of Sequence in Writing—An Important and Interesting Subject for Bankers—Determining the Genuineness of a Written Document —Ingenuity of Rogues Constantly Takes New Forms—A Systematic Analysis Will Detect Disputed Signatures CHAPTER II FORGERY BY TRACING Forgeries Perpetrated by the Aid of Tracing a Common and Dangerous Method—Using Transparent Tracing Paper—How the Movements are Directed—Formal, Broken and Nervous Lines—Retouched Lines and Shades—Tracing Usually Presents a Close Resemblance to the Genuine—Traced Forgeries Not Exact Duplicates of Their Originals—The Danger of an Exact Duplication—Forgers Usually Unable to Exactly Reproduce Tracing—Using Pencil or Carbon-Guided Lines—Retouching Revealed under the Microscope—Tracing with Pen and Ink Over a Transparency—Making a Practice and Study of Signatures —Forgeries and Tracings Made by Skillful Imitators Most Difficult of Detection—Free-Hand Forgery and Tracing—A Few Important Matters to Observe in Detecting Forgery by Tracing—Photographs a Great Aid in Detecting Tracing—How to Compare Imitated and Traced Writing—Furrows Traced by Pen Nibs—Tracing Made by an Untrained Hand—Tracing with Pen and Ink Over a Transparency—Internal Evidence of Forgery by Tracing—Forgeries Made by Skillful Imitators—How to Determine Evidences of Forgery by Tracing—Remains of Tracings—Examining Paper in Transmitted Light—Freely Written Tracings—A Dangerous Method of Forgery CHAPTER III HOW FORGERS REPRODUCE SIGNATURES Characteristics Appearing in Forged Signatures—Conclusions Reached by Careful Examinations—Signatures Written with Little Effort to Imitate—What a Clever Forger Can Do—Most Common Forgeries of Signatures—Reproducing a Signature over a Plate of Glass—A Window Frame Scheme for Reproducing Signatures—How the Paper is Held and the Ink Applied— How a Genuine Signature is Placed and Used—A Forger's Process of Tracing a Signature—How to Detect Earmarks of Fraud in a Reproduced Signature—Prominent Features of Signatures Reproduced—Method Resorted to by Novices in Forging Signatures—Conditions Appearing in All Traced Signatures—Reproduction of Signatures Adopted by Expert Forgers— Making a Lead-Pencil Copy of a Signature—Erasing Pencil Signatures Always Discoverable by the Aid of a Microscope— Appearances and Conditions in Traced Signatures—How to Tell a Traced Signature—All the Details Employed to Reproduce a Signature Given—Features in Which Forgers are Careless—Handling of the Pen Often Leads to Detection—A Noted Characteristic of Reproduced Signatures—Want of Proportion in Writing Names Should Be Studied—Rules to Be Followed in Examining Signatures—System Employed by Experts in Studying Proof of Reproduced Signatures—Bankers and Business Men Should Avoid Careless Signatures CHAPTER IV ERASURES, ALTERATIONS AND ADDITIONS What Erasure Means—The English Law—What a Fraudulent Alteration Means—Altered or Erased Parts Considered— Memoranda of Alterations Should Always Accompany Paper Changed—How Added Words Should be Treated—How to Erase Words and Lines Without Creating Suspicion—Writing Over an Erasure—How to Determine Whether or Not Erasures or Alterations Have Been Made—Additions and Interlineations—What to Apply to the Suspected Document—The Alcohol Test Absolute—How to Tell which of Crossing Ink Lines Were Made First—Ink and Pencil Alterations and Erasures— Treating Paper to Determine Erasures, Alterations and Additions—Appearance of Paper Treated as Directed—Paper That Does Not Reveal Tampering—How Removal of Characters From a Paper is Affected—Easy Means of Detecting Erasures— Washing with Chemical Reagents—Restoration of Original Marks—What Erasure on Paper Exhibits—Erasure in Parchments —Identifying Typewritten Matter—Immaterial Alterations—Altering Words in an Instrument—Alterations and Additions Are Immaterial When Interests of Parties Are Not Changed or Affected—Erasure of Words in an Instrument CHAPTER V HOW TO WRITE A CHECK TO PREVENT FORGING How a Paying Teller Determines the Amount of a Check—Written Amount and Amount in Figures Conflict—Depositor Protected by Paying Teller—Chief Concern of Drawer of a Check—Transposing Figures—Writing a Check That Cannot Be Raised—Writers who Are Easy Marks for Forgers—Safeguards for Those who Write Checks—An Example of Raised Checks—Payable "To Bearer" Is Always a Menace—Paying Teller and An Endorsement System Must Be Observed in Writing Checks—How a Check Must Be Written to Be Absolutely Safe—A Signature that Cannot Be Tampered with Without Detection—Paying Tellers Always Vigilant CHAPTER VI METHODS OF FORGERS, CHECK AND DRAFT RAISERS Professional Forgers and Their Methods—Using Engravers and Lithographers—Their Knowledge of Chemicals—Patching Perforated Paper—Difficult Matter to Detect Alterations and Forgeries—Selecting Men for the Work—The Middle Man, Presenter, and Shadow—Methods for Detecting Forgery—Detailed Explanation of How Forgers Work—Altering and Raising Checks and Drafts—A Favorite Trick of Forgers—Opening a Bank Account for a Blind—Private Marks on Checks no Safeguard—How a Genuine Signature Is Secured—Bankers Can Protect Themselves—A Forger the Most Dangerous Criminal—Bankers Should Scrutinize Signatures—Sending Photograph with Letter of Advice—How to Secure Protection Against Forgers—Manner in Which Many Banks Have Been Swindled—Points About Raising Checks and Drafts That Should Be Carefully Noted CHAPTER VII THE HANDWRITING EXPERT No Law Regulating Experience and Skill Necessary to Constitute an Expert—Expert Held Competent to Testify in Court— Bank Officials and Employees Favored—An Expert On Signatures—Methods Experts Employ to Identify the Work of the Pen —Where and When an Expert's Services Are Needed—Large Field and Growing Demand for Experts—Qualifications of a Handwriting Expert—How the Work is Done—A Good Expert Continously Employed—The Expert and the Charlatan— Qualifying as An Expert—A System Which Produces Results—Principal Tests Applied by Handwriting Experts to Determine Genuineness—Identification of Individual by His Handwriting—How to Tell Kind of Ink and Process Used to Forge a Writing —Rules Followed by Experts in Determining Cases—The Testimony of a Handwriting Expert—Explaining Methods Employed to Detect Forged Handwriting—The Courts and Experts—What an Expert May Testify to—Trapping a Witness—Proving Handwriting by Experts—General Laws Regulating Experts—The Basework of a Handwriting Expert—Important Facts an Expert Begins Examination With—A Few Words of Advice and Suggestion About "Pen Scope"—Detection of Forgery Easy —Rules Herewith Suggested Should Be Observed—Expert Witnesses, Courts, and Jurors CHAPTER VIII HOW TO DETECT FORGED HANDWRITING Frequency of Litigation Arising over Disputed Handwriting—Forged and Fictitious Claims Against the Estates of Deceased People—Forgery Certain to Be Detected When Subjected to Skilled Expert Examination—A Forger's Tracks Cannot Be Successfully Covered—With Modern Devices Fraudulent, Forged and Simulated Writing Can Be Determined Beyond the Possibility of a Mistake—Bank Officials and Disputed Handwriting—How to Test and Determine Genuine and Forged Signatures—Useful Information About Signature Writing—Guard Against an Illegible Signature—Avoid Gyrations, Whirls and Flourishes—Write Plain, Distinct and Legible—The Signature to Adopt—The People Forgers Pass By—How Many Imitate Successfully—How an Expert Detects Forged Handwriting—Examples of Signatures Forgers Desire to Imitate—Examining and Determining a Forgery—Comparisons of Disputed Handwriting—Microscopic Examinations a Great Help in Detecting Forged Handwriting—Comparison of Forged Handwriting CHAPTER IX GREATEST DANGER TO BANKS Check-Raising Always a Danger—A Scheme Almost Impossible to Prevent—The American Banker's Association the Greatest Foe to Forgers—It Follows Them Relentlessly and Successfully—Chemically Prepared Paper and Watermarks Not Always a Safeguard—Perforating Machines and Check Raisers—How Check Perforations Are Overcome—How an Ordinary Check Is Raised—How an Expert Alters Checks—How Perforations Are Filled—Hasty Examination by Paying Tellers Encourages Forgers—The Way Bogus Checks Creep Through a Bank Unnoticed—A Celebrated Forgery Case—Forgers Successful for a Time Always Caught—Where Forgers Usually Go That Have Made a Big Haul—A Professional Crook Is a Person of Large Acquaintance CHAPTER X THUMB PRINTS NEVER FORGED Thumb-Print Method of Identification Absolute—Now Brought to a High State of Perfection—Will Eventually Be Used in all Banks—Certified Checks and Also Drafts with Thumb-Print Signatures—Absolute Accuracy of a Thumb-Print Identification Assured—A Thumb-Print in Wax on Sealed Packages—Its Use an Advantage on Bankable Paper of All Kinds—How Strangers Are Easily Identified—Bankers, Merchants and Business Men Protected by This System—Full Particulars as to How Thumb-Prints Are Made—Can be Printed by Anyone in a Few Minutes—How and When to Place Your Thumb-Print on Bankable Paper—Finger-Prints as Reliable as Thumb-Prints—Use to Which This System Could Be Put—Thumb and Finger Tips Do Not Change From Birth to Death—Department of Justice at Washington Has Established a Bureau of Criminal Registry Using the Thumb-Print System—Thumb-Print System Said to Be a Chinese Invention—Its Use Spreading Rapidly— How to Secure Thumb-Print Impression Without Knowledge of Party—An Interesting and Valuable Study CHAPTER XI DETECTING FORGERY WITH THE MICROSCOPE Determining Questionable Signatures By the Aid of a Microscope—A Magnifying Glass Not Powerful Enough—Character of Ink Easily Told—The Microscope and a Knowledge of Its Use—Experience and Education of an Examiner of Great Assistance—An Expert's Opinion—The Use of the Microscope Recommended—Illustrating a Method of Forgery—What a Microscopic Examination Reveals—How to Examine Forged Handwriting with a Microscope—Experts and a Jury—What the Best Authorities Recommend CHAPTER XII SIGNATURE EXPERTS THE SAFETY OF THE MODERN BANK A New Departure in Banks—Examining All Signatures a Sure Preventive Against Forgery—The "Filling in" Process—How One Forger Operated—Marvelous Accuracy of a Paying Teller—How He Attained Perfection—How Signature Clerks Work —A Common Dodge of Forgers—Post Dated Checks—A System That Prevents Forged and Raised Checks—Not a Forged or Raised Check Paid in Years CHAPTER XIII HOW TO DETERMINE AGE OF ANY WRITING The Different Kinds of Ink Met With—Inks That Darken by Exposure to Sunlight and Air—Introduction of Aniline Colors to Determine the Age of Writings—An Almost Infallible Rule to Follow—Determining Age of Writing By Ink Used—The Ammonia System a Sure One—A Question of Great Interest to Bankers and Bank Employes—Thick and Thin Inks—So- Called Safety Inks That Are Not Safe—How to Restore Faded Inks—An Infallible Rule—Restoring Faded Writing—Restored By the Silk and Cotton System That Anyone Can Arrange—Danger of Exposing Restored Writing to the Sun CHAPTER XIV DETECTING FRAUD AND FORGERY IN PAPERS AND DOCUMENTS Infallible Rules for the Detection of Same—New Methods of Research—Changing Wills and Books of Accounts—Judgment of the Naked Eye—Using a Microscope or Magnifying Glass—Changeable Effects of Ink—How to Detect the Use of Different Inks—Sized Papers Not Easily Altered—Inks That Produce Chemical Effects—Inks That Destroy Fiber of Paper—How to Test Tampered or Altered Documents—Treating Papers Suspected of Forgery—Using Water to Detect Fraud—Discovering Scratched Paper—Means Forgers Use to Mask Fraudulent Operations—How to Prepare and Handle Test Papers—Detecting Paper That Has Been Washed—Various Other Valuable Tests to Determine Forgery—A Simple Operation That Anyone Can Apply—Iodine Used on Papers and Documents—An Alcohol Test That Is Certain—Bringing Out Telltale Spots—Double Advantage of Certain Tests—Reappearance of Former Letters or Figures—What Genuine Writing Reveals—When an Entire Paper or Document is Forged CHAPTER XV GUIDED HANDWRITING AND METHOD USED The Most Frequent and Dangerous Method of Forgery—How to Detect a Guided Signature—What Guided Handwriting Is and How It Is Done—Character of Such Writing—Writing by a Guided Hand—Difficulty in Writing—Force Exercised by Joint Hands—A Hand More or Less Passive—Work of the Controlling Hand—How Guided Writing Appears—Two Writers Acting in Opposition—Distorted Writing—How a Legitimate Guided Hand is Directed and Supported—Pen Motion Necessary to Produce Same—Influence in Guiding a Stronger Hand—Avoiding an Unnatural and Cramped Position—Effect of the Brain on Guided Hand—Separating Characteristics from Guided Joint Signature—Detecting Writing by a System of Measurement CHAPTER XVI TALES TOLD BY HANDWRITING Telling the Nationality, Sex and Age of Anyone Who Executes Handwriting—Americans and Their Style of Writing—How English, German, and French Write—Gobert, the French Expert, and How He Saved Dreyfus—Miser Paine and His Millions Saved by an Expert—Writing with Invisible Ink—Professor Braylant's Secret Writing Without Ink—Professor Gross Discovers a Simple Secret Writing Method With a Piece of Pointed Hardwood—A System Extensively Used—Studying the Handwriting of Authors—How to Determine a Person's Character and Disposition by Handwriting CHAPTER XVII WORKINGS OF THE GOVERNMENT SECRET SERVICE Officials of This Department Talk About Their Work—How Criminals Are Traced, Caught and Punished—Its Work Extending to All Departments—Secret Service Districts—Reports Made to the Treasury Department—Good Money and Bad—How to Detect the False—System of Numbering United States Notes Explained—Counterfeiting on the Decrease—Counterfeiting Gold Certificates—Bank Tellers and Counterfeits—The Best Secret Service in the World CHAPTER XVIII CHARACTER AND TEMPERAMENT INDICATED BY HANDWRITING 191 A Man's Handwriting a Part of Himself—Handwriting and Personality—Cheap Postage and Typewriters Playing Havoc with Writing by Hand—Old Time Correspondence Vanishing—Two Divisions of Handwriting—Fashion Has Changed Even Writing —Characteristic Writing of Different Professions—One's Handwriting a Sure Index to Character and Temperament— Personality of Handwriting—Handwriting a Voiceless Speaking—A Neglected Science—Interest in Disputed Handwriting Rapidly Coming to the Front—Set Writing Copies no Longer the Rule—Formal Handwriting—Education's Effect on Writing— Handwriting and Personality—The Character and Temperament of Writers Easily Told—Honest, Eccentric, and Weak People —How to Determine Character by Writing—The Marks of Truth and Straightforwardness—How Perseverance and Patience Are Indicated in Writing—Economy, Generosity and Liberality Easily Shown in Writing—The Character and Temperament of Any Writer Easily Shown—Studying Character from Handwriting a Fascinating Work—Rules for Its Study—Links in a Chain That Cannot be Hidden—A Person's Writing a Surer Index to Character Than His Face CHAPTER XIX HANDWRITING EXPERTS AS WITNESSES 205 Who May Testify As An Expert—Bank Officials and Bank Employes Always Desired—Definition of Expert and Opinion Evidence—Both Witness and Advocate—Witness in Cross Examination—Men Who Have Made the Science of Disputed Handwriting a Study—Objections to Appear in Court—Experts Contradicting Each Other—The Truth or Falsity of Handwriting—Sometimes a Mass of Doubtful Speculations—Paid Experts and Veracity—Present Method of Dealing with Disputed Handwriting Experts—How the Bench and Bar Regard the System—Remedies Proposed—Should an Expert Be an Adviser of the Court?—Free from Cross-Examination—Opinions of Eminent Judges on Expert Testimony—Experts Who Testify Without Experience—What a Bank Cashier or Teller Bases His Opinions on—Actions and Deductions of the Trained Handwriting Expert—Admitting Evidence of Handwriting Experts—Occupation and Theories That Make an Expert— Difference Between an Expert and a Witness—Experts and Test Writing—What Constitutes An Expert in Handwriting— Present Practice Regarding Experts—Assuming to Be a Competent Expert—Testing a Witness with Prepared Forged Signatures—Care in Giving Answers—A Writing Teacher As an Expert—Familiarity with Signatures—What a Dash, Blot, or Distortion of a Letter Shows—What a Handwriting Expert Should Confine Himself to—Parts of Writing Which Demand the Closest Attention—American and English Laws on Experts in Handwriting—Examination of Disputed Handwriting CHAPTER XX TAMPERED, ERASED AND MANIPULATED PAPER 219 Sure Rules for the Detection of Forged and Fraudulent Writing of Any Kind—European Professor Gives Rules for Detecting Fraud—How to Tell Alterations Made on Checks, Drafts, and Business Paper—An Infallible System Discovered—Results Always Satisfactory—Can Be Used by Anyone—Vapor of Iodine a Valuable Agent—Paper That Has Been Wet or Moistened—Colors That Tampered Paper Assumes—Tracing Written Characters with Water—Making Writing Legible— How to Tell Paper That Has Been Erased or Rubbed—What a Light Will Disclose—Erasing with Bread Crumbs—Hard to Detect—How to Discover Traces of Manipulation—Erased Surface Made Legible—Treating Partially Erased Paper— Detecting Nature of Substance Used for Erasing—Use of Bread Crumbs Colors Papers—Tracing Writing with a Glass Rod— Tracing Writing Under Paper—Writing With Glass Tubes Instead of Pens—What Physical Examination Reveals—Erasing Substance of Paper—Reproducing Pencil Writing in a Letter Press—Kind of Paper to Use in Making Experiments—Detecting Fraud in Old Papers—The Rubbing and Writing Method CHAPTER XXI FORGERY AS A PROFESSION 227 How Professional Forgers Work—Valuable Points for Bankers and Business Men—Personnel of a Professional Forgery Gang —The Scratcher, Layer-down, Presenter and Middleman—How Banks Are Defrauded by Raised and Forged Paper— Detailed Method of the Work—Dividing the Spoils—Action in Case of Arrest—Employing Attorneys—What "Fall" Money Is —Fixing a Jury—Politicians with a Pull—Protecting Criminals—Full Description of How Checks and Drafts Are Altered— Alterations, Erasures and Chemicals—Raising Any Paper—Alert Cashiers and Tellers—Different Methods of Protection CHAPTER XXII A FAMOUS FORGERY 243 The Morey-Garfield Letter—Attempt to Defeat Mr. Garfield for the Presidency—A Clumsy Forgery—Both Letters Reproduced—Evidences of Forgery Pointed Out—The Work of an Illiterate Man—Crude Imitations Apparent—Undoubtedly the Greatest Forgery of the Age—General Garfield's Quick Disclaimer Kills Effect of the Forgery—The Letters Compared and Evidences of Forgery Made Complete CHAPTER XXIII A WARNING TO BANKS AND BUSINESS HOUSES 253 Information for Those Who Handle Commercial and Legal Documents—Peculiarity of Handwriting—Methods Employed in Forgery—Means Employed for Erasing Writing—Care to Be Used in Writing—Specimens of Originals and Alterations— Means of Discovering and Demonstrating Forgery—Disputed Signatures—Free Hand or Composite Signatures—Important Facts for the Banking and Business Public—How to Use the Microscope and Photography to Detect Forgery—Applying Chemical Tests—How to Handle Documents and Papers to Be Preserved—The Value of Expert Testimony—Using Chemical, Mechanical and Clerical Preventatives CHAPTER XXIV HOW FORGERS ALTER BANK NOTES 265 Bankers Easily Deceived—How Ten One Hundred Dollar Bills Are Made out of Nine—How to Detect Altered Bank Notes— Making a Ten-Dollar Bill out of a Five—A Ten Raised to Fifty—How Two-Dollar Bills are Raised to a Higher Denomination— Bogus Money in Commercial Colleges—Action of the United States Treasury Department—Engraving a Greenback—How They Are Printed—Making a Vignette—Beyond the Reach of Rascals—How Bank Notes Are Printed, Signed and Issued by the Government—Safeguards to Foil Forgers, Counterfeiters and Alterers of Bank Notes—Devices to Raise Genuine Bank Notes—Split Notes—Altering Silver Certificates APPENDIX 273 This follows with many pages of Illustrations and Descriptions of Various Kinds of Genuine, Traced, Forged and Simulated Writings and Autograph Signatures of Bankers, Statesmen, Jurists, Authors, Writers and the Leading Public Characters of the World; Individual Autographs of Every President of the United States; Freak Signatures and Curious and Complicated Writing; and Scores of Other Interesting and Instructive Autographs and Writings of Various Kinds That Will Prove of Great Worth and Value PREFACE But few writers in the United States have expended their genius in the field of disputed, forged, or fraudulent handwriting. In France and Germany the subject has been more studied, and in both languages several valuable books have appeared, while in this country it is only recently that disputed handwriting has been looked upon as one of the sciences. Up to the time of the publication of this work nothing has appeared in the United States on the subject of disputed handwriting, short magazine and newspaper articles sufficing. Interest in disputed handwriting and writing of all kinds is being rapidly developed, and is a study and research with which the banker and business man of the future must and will be perfectly familiar. A place will be made for the science among the permanent, necessary, and most helpful studies of the day. No effort has been spared by the author of this work to make every feature of handwriting accurate. This work is the result of years of practical study in the field of disputed handwriting, and personal application has demonstrated that the facts and suggestions given will be found absolutely correct. The aim has been to make this the standard work on this subject. In conclusion, the author wishes to acknowledge a debt to the leading handwriting experts of the United States and Europe for many suggestions that have materially assisted him in the preparation of this work. We trust it will prove a material aid to the bankers, business men and professional men of the United States. THE AUTHOR. Disputed Handwriting CHAPTER I HOW TO STUDY FORGED AND DISPUTED SIGNATURES All Titles Depend Upon the Genuineness of Signatures—Comparing Genuine With Disputed Signatures—A Word About Fac-simile Signatures—Conditions Affecting Production of Signatures—Process of Evolving a Signature— Evidence of Experience in Handling or Mishandling a Pen—Signatures Most Difficult to Read—Simulation of Signature by Expert Penman—Hard to Imitate an Untrained Hand—A Well-known Banker Presents Some Valuable Points—Perfectly Imitated Writings and Signatures—Bunglingly Executed Forgeries—The Application of Chemical Tests—Rules of Courts on Disputed Signatures—Forgers Giving Appearance of Age to Paper and Ink—Proving the Falsity of Testimony—Determining the Genuineness or Falsity by Anatomy or Skeleton—Making a Magnified Copy of a Signature—Effectiveness of the Photograph Process—Deception the Eye Will Not Detect—When Pen Strokes Cross Each Other—Experimenting With Crossed Lines—Signatures Written With Different Inks—Deciding Order of Sequence in Writing—An Important and Interesting Subject for Bankers—Determining the Genuineness of a Written Document—Ingenuity of Rogues Constantly Takes New Forms—A Systematic Analysis Will Detect Disputed Signatures.[1] The title to money and property of all kinds depends so lately upon the genuineness of signatures that no study or inquiry can be more interesting than one relating to the degree of certainty with which genuine writings can be distinguished from those which are counterfeited. When comparing a disputed signature with a series of admittedly genuine signatures of the same person whose signature is being disputed, the general appearance and pictorial effect of the writing will suggest, as the measure of resemblances or differences predominates, an impression upon the mind of the examiner as to the genuine or forged character of the signature in question. When it is understood that to make a forgery available for the purposes of its production it must resemble in general appearance the writing of the person whose signature it purports to represent, it follows as a reasonable conclusion that resemblances in general appearances alone must be secondary factors in establishing the genuineness of a signature by comparison—and the fact that two signatures look alike is not always evidence that they were written by the same person. As an illustration of the uncertainty of an impression produced by the general appearances and close resemblance of signatures, even to an expert observer, is manifested when the fac-simile signatures of the signers of the Declaration of American Independence, as executed by different engravers, are examined. On comparing each individual fac-simile made by one engraver, with the fac-simile of the same signature made by another engraver, they will be found to exactly coincide in general appearance as to form and pictorial effect, and so much so, that the fac-similes of the same signature made by different engravers cannot be told one from the other. On examining them by the use of the microscope they may be easily determined as the work of different persons. While this is likewise true of the resemblances in general appearance which a disputed signature may have when compared with a genuine signature of the same person, it is also true that the measure of difference occurring in the general appearance of a disputed signature, when compared with genuine ones of the same person, are not always evidence of forgery. There are many conditions affecting the production of signatures, habitually and uniformly apart from the causes which prevent a person from writing signatures twice precisely alike, under the influence of normal conditions of execution. The effect of fatigue, excitement, haste, or the use of a different pen from that with which the standards were written, are well known conditions operating to materially affect the general appearance of the writing, and may have been, in one form or another, an attendant cause when the questioned signature was produced, and thus have given to the latter some variation from the signatures of the same person, executed under the influence of normal surroundings. In the process of evolving a signature, which must be again and again repeated from an early age till death, new ideas occur from time to time, are tried, modified, improved, and finally embodied in the design. The idea finally worked out may be merely a short method of writing the necessary sequence of characters, or it may present some novelty to the eye. Signatures consisting almost exclusively of straight up-and-down strokes, looking at a short distance like a row of needles with very light hair-lines to indicate the separate letters; signatures begun at the beginning or the end and written without removing the pen from the paper; signatures which are entirely illegible and whose component parts convey only the mutilated rudiments of letters, are not uncommon. All such signatures strike the eye and arrest the attention, and thus accomplish the object of their authors. The French signature frequently runs upward from left to right, ending with a strong down nourish in the opposite direction. All these, even the most illegible examples, give evidence of experience in handling or mishandling the pen. The signature most difficult to read is frequently the production of the hand which writes most frequently, and it is very much harder to decipher than the worst specimens of an untrained hand. The characteristics of the latter are usually an evident painstaking desire to imitate faulty ideals of the letters one after the other, without any attempt to attain a particular effect by the signature as a whole. In very extreme cases, the separate letters of the words constituting the signature are not even joined together. A simulation of such a signature by an expert penman will usually leave enough traces of his ability in handling the pen to pierce his disguise. Even a short, straight stroke, into which he is likely to relapse against his will, gives evidence against the pretended difficulties of the act which he intends to convey. It is nearly as difficult for a master of the pen to imitate an untrained hand as for the untrained hand to write like an expert penman. The difference between an untrained signature and the trembling tracing of his signature by an experienced writer who is ill or feeble, is that in the former may be seen abundant instances of ill- directed strength, and in the latter equally abundant instances of well-conceived design, with a failure of the power to execute it. Observations such as the preceding are frequently of great value in aiding the expert to understand the phenomena which he meets, and they belong to a class which does not require the application of standards of measure, but only experience and memory of other similar instances of which the history was known, and a sound judgment to discern the significance of what is seen. No general rules other than those referred to above can be given to guide the student of handwriting in such cases, but the differences will become sufficiently apparent with sufficient practice. A well-known banker, writing to the author of this work, makes some points on the subject which are rather disturbing. His fundamental proposition is that the judgment of experts is of no value when based as it ordinarily is, only upon an inspection of an alleged fraudulent signature, either with the naked eye or with the eye aided by magnifying glasses, and upon a comparison of its appearance with that of a writing or signature, admitted or known to the expert, to be genuine, of the same party. He alleges, in fact, that writing and signatures can be so perfectly imitated that ocular inspection cannot determine which is true and which is false, and that the persons whose signatures are in controversy are quite as unable as anybody to decide that question. Nevertheless, the law permits experts to give their opinions to juries, who often have nothing except those opinions to control their decisions, and who naturally give them in favor of the side which is supported by the greatest number of experts, or by experts of the highest repute. Decisions upon such testimony this banker regards as no better than, if quite as good as, the result of drawing lots. Of course he cannot mean to include under these observations, that class of forgeries which are so bunglingly executed as to be readily detected by the eye, even of persons not specially expert. He can only mean to say that imitations are possible and even common, which are so exact that their counterfeit character is not determinable by inspection, even when aided by glasses. At first blush this contention of the banker is extremely a most unsatisfactory view of the case, and the more correct it looks likely to be, the more unsatisfactory. Courts may go beyond inspection and apply chemical on the tests, but such tests cannot be resorted to in the innumerable cases of checks and orders for money and property which are passed upon every day in the business world, and either accepted as genuine or rejected as counterfeit. But the real truth is, in fully ninety-nine cases out of a hundred, that no check or order is paid merely upon confidence in the genuineness of the signature, and without knowledge of the party to whom the payment is made, or some accompanying circumstance or circumstances tending to inspire confidence in the good faith of the transaction. In that aspect, the danger of deception as to the genuineness of signatures loses most of its terrors. It is one of the recognized rules of court to admit as admissible testimony, the opinions of experts, whether the whole or any specified portion of an instrument was, or was not written by the same hand, with the same ink, and at the same time, which question arises when an addition to, or alteration of, an instrument is charged. It must be recollected that at this time It is a very easy matter for experienced forgers and rascals to so prepare ink that it may appear to the eye to be of the age required, and it is next to impossible for any expert to give any information in regard to the age of a certain writing. In many instances experts have easily detected the kind of ink employed, and have also successfully shown the falsity of testimony that the whole of a writing in controversy was executed at the same time, and with the same ink. James D. Peacock, a London barrister, who has given considerable time and study to disputed handwritings, lays great stress upon the ability of determining the genuineness or falsity of a writing by what he calls its "anatomy" or "skeleton." He says that some persons in making successive strokes, make the turn from one to another sharply angular, while others make it rounded or looping. Writings produced in both ways appear the same to the eye, but under a magnifying glass the difference in the mode of executing is shown. As illustrating that point, he makes the following statement in respect to a case involving the genuineness of the alleged signature of an old man whose handwriting was fine and tremulous: "On making a magnified copy of the signature, I found that the tremulous appearance of the letters was due to the fact that they were made up of a series of dashes, standing at varying angles with each other, and further, that these strokes, thus enlarged, were precisely like these constituting the letters in the body of the note, which were acknowledged to have been written by the alleged forger of the note. Upon the introduction of this testimony the criminal withdrew the plea of not guilty and implored the mercy of the court." As one means of determining whether the whole of a writing was executed at the same time, and with the same ink, or at different times, and with different inks, Mr. Peacock further says that the photographic process is very effective because it not only copies the forms of letters but takes notice of differences in the color of two inks which are inappreciable by the eye. He states that: "Where there is the least particle of yellow present in a color, the photograph will take notice of the fact by making the picture blacker, just in proportion as the yellow predominates, so that a very light yellow will take a deep black. So any shade of green, or blue, or red, where there is an imperceptible amount of yellow, will pink by the photographic process more or less black, while either a red or blue varying to a purple, will show more or less paint as the case may be." As to deception which the eye will not detect, in regard to the age of paper, he says: "I have repeatedly examined papers which have been made to appear old by various methods, such as washing with coffee, with tobacco, and by being carried in the pocket, near the person, by being smoked or partially burned, and in various other ways. I have in my possession a paper which has passed the ordeal of many examinations by experts and others, which purports to be two hundred years old, and to have been saved from the Boston fire. The handwriting is a perfect fac-simile of that of Thomas Addington, the town clerk of Boston, two hundred years ago, and yet the paper is not over two years old." The most remarkable case of deception to the eye, even when aided by magnifying glasses, is in determining when two pen strokes cross each other, which stroke was made first. Mr. Peacock does not explain how the deception is possible, but that it occurs as matter of fact, he shows by an account of a very decisive experiment. Taking ten different kinds of ink, most commonly on sale, he drew lines on a piece of paper in such a way as to produce a hundred points of crossing and so that a line drawn with each of ink passed both over and under all the lines drawn with the other inks. He, of course, knew, in respect to each point of crossing, which ink was first applied, but the appearance to the eye corresponded with the fact in only forty-three cases. In thirty-seven cases the appearance was contrary to the fact, and in the remaining cases the eye was unable to come to any decision. By wetting another piece of paper with a liquid compound acting as a solvent of ink, and pressing it upon the paper marked with lines, a thin layer of ink was transferred to the wet paper, and that shown correctly which was the superposed ink at every one of the one hundred points of crossing. Many cases have occurred, in signatures written with different inks, where some letters in one cross, some letters in another, in which it becomes important to decide the order of sequence in writing. It is also frequently important to decide the order of sequence in writing. It is also frequently important when the genuineness of an addition, as of a date, is the thing in dispute. No subject can be more important or interesting to the business public or especially to bankers than that of the reliability of the lists of the genuineness of written papers. While it is true that in most cases there is some ear-mark beside the appearance of a signature, whereby to determine the genuineness of a document, it is also true that in many cases, and frequently in cases of great magnitude, payments are made on no other basis than the appearance of a writing. The most common class of these last cases is where "A" has been long known to be an endorser for "B," and where the connection between the two, which leads to the endorsements, is well known. There is nothing in the appearance in the market of a note of "B" endorsed by "A," that is, in any degree calculated to excite suspicion or to put a prospective purchaser upon his inquiry. If the endorsement of "A" resembles his usual handwriting, it is almost always accepted as genuine and if losses result from its proving to be counterfeit, they are set down to the score, not of imprudence, but of unavoidable misfortune. Thus, as the ingenuity of rogues constantly takes new forms, the ways and means by which they can be baffled in these enterprises are constantly being multiplied. The telegraph and telephone give facilities for promptly verifying a signature where one is in doubt. It happens not infrequently that the desire to get a given number of words into a definite space leads to an entirely unusual and foreign style of writing, in which the accustomed characteristics are so obscured or changed that only a systematic analysis can detect them. If there be no apparent reason for this appearance in lack of space, the cause may be the physical state of the writer or an attempt at simulation. If a sufficient number of genuine signatures are available, it can generally be determined which of these two explanations is the right one. Note illustrations of various kinds of handwriting in Appendix at end of this book. Particular attention is directed to the descriptions and analysis. They should be studied carefully. CHAPTER II FORGERY BY TRACING Forgeries Perpetrated by the Aid of Tracing a Common and Dangerous Method—Using Transparent Tracing Paper —How the Movements are Directed—Formal, Broken and Nervous Lines—Retouched Lines and Shades—Tracing Usually Presents a Close Resemblance to the Genuine—Traced Forgeries Not Exact Duplicates of Their Originals— The Danger of an Exact Duplication—Forgers Usually Unable to Exactly Reproduce Tracing—Using Pencil or Carbon-Guided Lines—Retouching Revealed under the Microscope—Tracing with Pen and Ink Over a Transparency —Making a Practice and Study of Signatures—Forgeries and Tracings Made by Skilful Imitators Most Difficult of Detection—Free-Hand Forgery and Tracing—A Few Important Matters to Observe in Detecting Forgery by Tracing —Photographs a Great Aid in Detecting Tracing—How to Compare Imitated and Traced Writing—Furrows Traced by Pen Nibs—Tracing Made by an Untrained Hand—Tracing with Pen and Ink Over a Transparency—Internal Evidence of Forgery by Tracing—Forgeries Made by Skilful Imitators—How to Determine Evidences of Forgery by Tracing—Remains of Tracings—Examining Paper in Transmitted Light—Freely Written Tracings—A Dangerous Method of Forgery. Forgery by tracing is one of the most common and most dangerous methods of forgery. There are two general methods of perpetrating forgeries, one by the aid of tracing, the other by free-hand writing. These methods differ widely in details, according to the circumstances of each case. Tracing can only be employed when a signature or writing is present in the exact or approximate form of the desired reproduction. It may then be done by placing the writing to be forged upon a transparency over a strong light, and then superimposing the paper upon which the forgery is to be made. The outline of the writing underneath will then appear sufficiently plain to enable it to be traced with pen or pencil, so as to produce a very accurate copy upon the superimposed paper. If the outline is with a pencil, it is afterward marked over with ink. Again, tracings are made by placing transparent tracing-paper over the writing to be copied and then tracing the lines over with a pencil. This tracing is then penciled or blackened upon the obverse side. When it is placed upon the paper on which the forgery is made, the lines upon the tracing are retraced with a stylus or other smooth hard point, which impresses upon the paper underneath a faint outline, which serves as a guide to the forged imitation. In forgeries perpetrated by the aid of tracing, the internal evidence is more or less conclusive according to the skill of the forger. In the perpetration of a forgery the mind, instead of being occupied in the usual function of supplying matter to be recorded, devotes its special attention to superintendence of the hand, directing its movements, so that the hand no longer glides naturally and automatically over the paper, but moves slowly with a halting, vacillating motion, as the eye passes to and from the copy to the pen, moving under the specific control of the will. Evidence of such a forgery is manifest in the formal, broken, nervous lines, the uneven flow of the ink, and the often retouched lines and shades. These evidences are unmistakable when studied with the aid of a microscope. Also, further evidence is adduced by a careful comparison of the disputed writing, noting the pen-pressure or absence of any of the delicate unconscious forms, relations, shades, etc., characteristic of the standard writing. Forgeries by tracings usually present a close resemblance in general form to the genuine, and are therefore most sure to deceive the unfamiliar or casual observer. It sometimes happens that the original writing from which the tracings were made is discovered, in which case the closely duplicated forms will be positive evidence of forgery. The degree to which one signature of writing duplicates another may be readily seen by placing one over the other, and holding them to a window or other strong light, or by close comparative measurements. Traced forgeries, however, are not, as is usually supposed, necessarily exact duplicates of their originals, since it is very easy to move the paper by accident or design while the tracing is being made, or while making the transfer copy from it; so that while it serves as a guide to the general features of the original, it will not, when tested, be an exact duplication. The danger of an exact duplication is quite generally understood by persons having any knowledge of forgery, and is therefore avoided. Another difficulty is that the very delicate features of the original writing are more or less obscured by the opaqueness of two sheets of paper, and are therefore changed or omitted from the forged simulation, and their absence is usually supplied, through force of habit, by equally delicate unconscious characteristics from the writing of the forger. Again, the forger rarely possesses the requisite skill to exactly reproduce his tracing. Much of the minutiae of the original writing is more or less microscopic, and from that reason passes unobserved by the forger. Outlines of writing to be forged are sometimes simply drawn with a pencil, and then worked up in ink. Such outlines will not usually furnish so good an imitation as to form, since they depend wholly upon the imitative skill of the forger. Besides the forementioned evidences of forgery by tracing, where pencil or carbon guide-lines are used which must necessarily be removed by rubber, there are liable to remain some slight fragments of the tracing lines, while the mill finish of the paper will be impaired and its fiber more or less torn out, so as to lie loose upon the surface. Also the ink will be more or less ground off from the paper, thus giving the lines a gray and lifeless appearance. And as retouchings are usually made after the guide-lines have been removed, the ink, wherever they occur, will have a more black and fresh appearance than elsewhere. All these phenomena are plainly manifest under the microscope. Where the tracing is made directly with pen and ink over a transparency, as is often done, no rubbing is necessary, and of course, the phenomena from rubbering does not appear. Where signatures or other writings have been forged by previously making a study and practice of the writing, to be copied until it has been to a greater or less degree idealized, the hand must be trained to its imitation so that it can be written with a more or less approximation as to form and natural freedom. Forgeries and tracings made by skilful imitators are the most difficult of detection, as the internal evidence of forgery by tracing is mostly absent. The evidence of free-hand forgery and tracing is chiefly in the greater liability of the forger to inject into the writing his own unconscious habit and to fail to reproduce with sufficient accuracy that of the original writing, so that when subjected to rigid analysis and microscopic inspection, the spuriousness is made manifest and demonstrable. Specific attention should be given to any hesitancy in form or movement in tracing which is manifest in angularity or change of direction of lines, changed relations and proportions of letters, slant of the writing, its mechanical arrangement, disconnected lines, retouched shades, etc. Photographs, greatly enlarged, of both the signatures in question and the exemplars placed side by side for comparison will greatly aid in making plain any evidence of forgery. If practicable, use for comparison as standards both the imitated writing and that of the imitator's traced writing. These methods, employed by skilled and experienced examiners, will rarely fail of establishing the true relationship between any two disputed handwritings and more especially where the question of a forged or traced signature is under discussion. Under the microscope tracing by the pen-nibs are usually easily visible, and they differ with every variety of pen employed. A stiff, fine-pointed pen makes two comparatively deep lines a short distance apart, which appear blacker in the writing than the space between them, because they fill with ink, which afterwards dries and produces a thicker layer of black sediment than those elsewhere. The variations of pressure upon the pen can be easily noticed by the altern...