The introduction of the experimental method into all modern investigation has led to the hope that in this difficult subject means will be found to introduce simpler forms of determining regular or irregular handwriting.
As long as the steps by which experts reach their conclusions are so intricate or recondite that only the results may be stated to the jury, just so long will the character of expert testimony suffer in the opinion of the public, and the insulting charge against it be repeated that any side can hire an expert to support its case.
If a single competent expert could be selected by the court to take up questions of this kind and lay his results before it, the present system would be less objectionable than it is. Nevertheless, this solution is probably not the best, because no man is capable of always observing and judging correctly, and the most careful man may be led astray by elements in the problem before him of which he does not suspect the existence. It would seem, therefore, to be fairer and less open to objection if a plan of investigation were followed which can be clearly explained to those who are to decide a case and the resulting data left in their hands to assist them in their decision.
In such a manner of presentation, if any important data have been omitted, or if the premises do not warrant the conclusion, the errors can be detected without accusing the expert of lack of good faith or ignorance of his subject. The fact that he has testified in hundreds of cases and in every court in the world should not be allowed to influence the jury against a logical conclusion drawn from uncontroverted facts.
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 to 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.
Few persons outside of the banking and legal fraternity are aware of the frequency with which litigations arise from one or another of the many phases of disputed handwriting; doubtless most frequently from that of signatures to the various forms of commercial obligations or other instruments conveying title to property, such as notes, checks, drafts, deeds, wills, etc. To a less extent the disputed portions involve alterations of books of account and other writings, by erasure, addition, interlineation, etc., while sometimes the trouble comes in the form of disguised or simulated writings. A disproportionately large number of these cases arise from forged and fictitious claims against the estates of deceased people. This results, first, from the fact that such claims are more easily established, as there is usually no one by whom they can be directly contradicted; and, secondly, for the reason that administrators are less liable to exercise the highest degree of caution than are persons who pay out their own money.
In all instances where a forgery extends to the manufacturing of any considerable piece of writing, it is certain of being detected and demonstrated when subjected to a skilled expert examination; but where forgery is confined to a single signature, and that perhaps of such a character as to be easily simulated, detection is ofttimes difficult, and expert demonstrations less certain or convincing. Yet instances are rare in which the forger of even a signature does not leave some unconscious traces that will betray him to the ordinary expert, while in most instances forgery will be at once so apparent to an expert as to admit of a demonstration more trustworthy and convincing to court and jury than is the testimony of witnesses to alleged facts, who may be deceived, or even lie. The unconscious tracks of the forger, however, cannot be bribed or made to lie, and they often speak in a language so unmistakable as to utterly defy controversion.
Note illustrations of forged handwriting in Appendix at end of this book.