A WARNING TO BANKS AND BUSINESS HOUSES
The following chapter is written by Mr. William C. Shaw, of Chicago,
the well-known handwriting expert and expert on forgery, whose
services are called in all important forgery and disputed handwriting
cases in the country. It is replete with facts and suggestions of the
greatest importance, and will be found not only interesting reading,
but an instructive article throughout.
The comparativ
frequency with which checks, drafts, notes, etc., are
being raised or altered, as well as deeds, wills, etc., forged and
substituted, has naturally created a widespread interest in the
subject of "disputed handwriting." The importance of practical
knowledge in this direction by those who are continually handling
commercial papers and legal documents is at once apparent, but others
engaged in any business pursuit may be saved considerable loss,
trouble and annoyance by observing the principles and suggestions
explained and illustrated in this article.
In approaching the subject of detecting forged or fraudulent
handwriting let it be understood as a fundamental principle that there
are hardly two persons whose writing is similar enough to deceive a
careful observer, unless the one is imitating the other. Hands, like
faces, have their peculiar features and expression, and the imitator
must not alone copy the original, but at the same time disguise his
own writing. Even the most skilled forger cannot entirely hide his
individuality and is bound to relapse into his habitual ways of
forming and connecting letters, words, etc. The employment of extreme
care can be detected by signs of hesitancy, the substitution of curves
for angles, etc., which appear very plainly when the writing is
critically examined with a magnifying glass. When a signature has been
forged by means of tracing over the original, the resemblance is often
so exact as to deceive even the supposed author. In these cases the
microscope is generally effective in detecting the forgery, as well as
the methods employed. Perfect identity of two genuine signatures is a
practical impossibility; if, therefore, two signatures superposed and
held against the light completely coincide it is almost certain that
one of them is a forgery.
The methods employed in executing forged handwriting are varied and
depend largely on the individual skill and inclination of the party
attempting it.
The most frequent class of forgeries consists of erasures, which means
the removing of the genuine writing by mechanical or chemical means.
Erasing with knife, rubber, etc., has practically been abandoned by
expert forgers, on account of the almost certain detection which must
necessarily follow the traces left in evidence. Erasing fluids, ink
eradicators, etc., are more generally used for this purpose. These
have entered the market for legitimate purposes and can be
commercially obtained. Too much confidence should, therefore, not be
placed in the careful writing of checks, etc., alone, as with the aid
of chemicals the original writing can be entirely removed and forged
words and figures substituted.
Second in importance and frequency, and perhaps the easiest kind of
forgery, consists of simple additions to genuine handwriting. In
checks or drafts the changing of "eight" to "eighty" by the addition
of a single letter is a striking illustration. The change of "six" to
"sixty," "twenty" to "seventy," etc., can also be accomplished by
adding a few strokes and without erasure, as per specimens given.
The forging of signatures and writing in general is accomplished by
means of tracing as above referred to, free-hand copying, with the aid
of considerable practice, and copying by mechanical or chemical
processes. It is not intended here to give directions, but simply to
refer to facts, with a view to preventing losses and detecting
forgeries. For this reason one method of reproduction may briefly be
described. The carelessness with which blotters are used in public
places, bank counters, post, express and hotel offices is to be
strongly condemned. The entire signature of an indorser is often
clearly copied on the underside of the blotting paper, which only
needs to fall into the hands of a designing party to be projected on
any paper or document and in any desired position.
The means of discovering and demonstrating forged handwriting are as
varied as the methods employed in its execution, and it may be some
comfort to know that the cunning of the forger is more than matched by
the skill and ability of the expert.
The ordinary method of identifying handwriting consists in the
"comparison of hands." This, however, is only admitted in courts of
justice under certain limitations. The genuineness of a disputed
writing can be proved by a witness who has seen its execution, or by
comparison with correspondence received in the regular course of
business, or by comparisons with disputed specimens of the alleged
handwriting, which must also be in evidence. Disputed signatures may
be compared with other signatures acknowledged to be genuine, or with
letters or documents, the genuineness of which is unquestioned. In
arriving at conclusions many things are to be considered, the form of
the letters, their manner of combination, evidences of habit, etc.
Another method of detecting forgery is afforded by the internal
evidences of fraud of the writing itself, with or without the aid of
comparison with genuine writing. These evidences may consist of
alterations, erasures, additions, crowding, etc., as above referred
to; tracing a genuine writing by means of ink or pencil, afterwards
retraced, etc.
The copy of a genuine signature may be free-hand or composite, by
which is meant that the writing is produced discontinuously or in
parts. Comparison of the separate letters of the doubtful specimen of
writing with the separate letters of the genuine writing of the
supposed imitator or imitated always exhibits less uniformity if
imitation has been attempted, the copyist being frequently led into an
approach to his ordinary handwriting or into an oversight of some
special characteristics of the writing he is simulating. Even minor
points do not escape the expert's critical attention. The dotting of
the i's, or crossing of the t's, curls, loops, flourishes, intervals
between words and letters, connections, characteristics of up and down
strokes are all carefully noticed.
A glass of low magnifying power will, as a rule, exhibit erasures, and
even bring to view the erased letters. In tracing, the forger
frequently fails to cover over the first outlines, which can be
plainly distinguished. The places where the pen has been put upon and
removed from the paper may sometimes be noticed, which is in itself
strong evidence of fraud.
With the aid of a microscope the character of the alterations, certain
characteristics due to age, emotion, etc., the kind of pen used and
how it was held, the nature of ink, order of writing, with regard to
time, whether produced by the right or left hand, standing or sitting,
can often be determined. Indentations made by heavy strokes or a sharp
pen, as well as those employed as guides for the signature
subsequently written, will also be brought into prominence. Forged
signatures placed under the microscope have generally a patched
appearance, which results from the retracing of lines in certain
portions not occurring in genuine writing.
In case of disputed handwriting photography has also been employed to
great advantage. Of course the writing in question should, whenever
practicable, be compared with the original, photographic copies being
looked upon with disfavor and considered by most courts as secondary
evidence. Still, photographic enlargements of genuine and disputed
signatures are very useful in illustrating expert testimony. Certain
characteristics, differences in ink, attempts to remove writing, etc.,
may be brought to view, which would be entirely overlooked by direct
examination. The wonderful power of the camera has recently been
illustrated in a very striking manner. A large ocean steamer was
photographed, and on receipt of the proof the owners were surprised to
see a hand bill posted on the side of the hull. Examination of the
ship disclosed no hand bill there, but another photograph exhibited
the same result. A searching inspection revealed the presence of the
mysterious paper buried beneath four coats of paint, but defying the
superficial scrutiny of the human eye.
As a last resort chemical tests may be applied, by which the identity
or difference of the inks used may be established, etc. As a means of
demonstrating that chemical erasures have been made a certain
manipulation and treatment of the paper submitted will almost
invariably bring back the original and obliterated writing.
A few words regarding papers and documents, intended for preservation,
will not be amiss. Improved processes of manufacture have certainly
had no beneficial influence on the durability of the products, and
while inks and papers have become greatly reduced in price and
apparently improved in quality, it is very doubtful if much of our
book learning and many of our written instruments will go down to
future generations. Even fifty years will suffice to decompose many an
attractive volume at present on the shelves of our libraries, or fade
the writing of finely engraved and important documents. The quality of
the ink and paper selected is therefore of greatest importance.
Typewritten copies particularly are subject to the ravages of time,
and ought to be avoided when preservation for years to come is the
principal consideration, as for instance in the case of wills, etc.,
which ought to be made in one's own handwriting whenever practicable.
Briefly, I may state that all the safeguards employed on commercial
papers or legal documents, outside of the actual protection afforded,
have the beneficial effect or tendency to make forgeries, erasures or
alterations more difficult, at the same time warning prospective
forgers to keep a respectful distance.
The inks used, the position of the writing, the paper on which it is
written, the employment of certain chemical, mechanical and clerical
preventatives are all to be thoughtfully considered by those who
desire to protect themselves against losses resulting from fraudulent
handwriting.
With regard to expert testimony it may be said in conclusion that it
is most effective if governed solely by the evidence submitted, and
not by information otherwise obtained. The microscopic and
photographic examination of papers and documents, as well as their
mechanical and chemical treatment, require in all cases the trained
eye, the skilled hand and the extensive experience of the expert, in
order to fully utilize the available material and to arrive at
conclusions which are in entire accord with the facts under
consideration, thereby aiding in the just and equitable settlement of
weighty questions of profit or loss, affluence or poverty, liberty or
imprisonment, life or death.
Another expert in handwriting says that regarding the methods made use
of to determine authorship, specialists are naturally reticent. Some
of them have admitted, however, the nature of the leading principles'
which guide them. The philosophy of the matter rests mainly on the
fact that it is very rare for any two persons to write hands similar
enough to deceive a careful observer, unless one is imitating the
other. "Fists," like faces, have all some special idiosyncrasy, and
the imitator has not merely to copy that of some one else but to
disguise his own.
By careful and frequent practice he may succeed well enough to deceive
the ordinary man, but is rarely successful in baffling the expert.
Even the most skilful culprit cannot wholly hide his individuality, as
he is sure to relapse into his ordinary method occasionally. Then
again, great care has to be used, and this can be detected by the
traces of hesitancy, the substitution of curves for angles and _vice
versa_, which come out very plainly when the writing is examined under
the microscope, as it usually is by the expert.
A plan of detection which has been adopted with great success is to
cut out each letter in a doubtful piece of writing, and paste all the
A's, B's, etc., on separate sheets of paper. The process is also gone
through with a genuine bit of caligraphy of the imitator or the
imitated, as the case may be. Comparison almost invariably shows that
the letters are less uniform if imitation has been attempted, the
writer being occasionally betrayed into some approach to his ordinary
caligraphy, or into momentary forgetfulness of some special point in
the handwriting he is simulating.
No point is too small to escape an expert's attention. The dotting of
the "i's," the crossing of "t's," the curls and flourishes, the
intervals between the words, the thinness of the up-stroke and the
thickness of the down-stroke, are all noted and carefully compared.
Where only a signature has been forged, and that by means of tracings
from the original the resemblance is often so exact as to deceive even
the supposed author, but in these cases the microscope is generally
effective in determining not merely the forgery but the method by
which it was accomplished. It is some comfort to know that the cunning
of the forger is overmatched by the scientific skill of the trained
expert.