Part 1 (1/2)
Disputed Handwriting.
by Jerome B. Lavay.
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 a.s.sisted 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 t.i.tles 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 Doc.u.ment--Ingenuity of Rogues Constantly Takes New Forms--A Systematic a.n.a.lysis Will Detect Disputed Signatures.[1]
[1] Note ill.u.s.trations of various kinds of forged, simulated, and genuine handwriting in Appendix, with careful descriptions of same.
The t.i.tle 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 establis.h.i.+ng 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 ill.u.s.tration 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 const.i.tuting 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 cla.s.s 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 gla.s.ses, 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.