I Hh, sites eldest ANTE atl , Hee au i vats Whee! uy i aa es a ane, No WIVK...5 5 3oston Public Library hook i. to be returned to the the ‘ate last stampe?c aS? J “ * s . wt ’ ' = "ie o) aaa i ; : Mf cr: * ‘ * a At w : cz - et ogee ‘ toe a # thes : Qcks i, ce . “AS = Second Edition SECOND Pik TEN es, tae SECOND EDITION rs 3 = 5. OSBORN = EXAMINER & QUESTIONED DOCUMENTS So rT [SS SS op san THE PROBLEM. OF PROOF, 1922 Ai WITH AN INTRODUCTION BY PROFESSOR eed pal bth el es WIGMORE HOR. OF WiIGMORE ON EVIDENCE WITH CITATIONS OF DISCUSSIONS OF THE FACTS AND THE LAW OF QUESTIONED DOCUMENTS FROM MANY SOURCES. ALBANY, N. Y.. U.S.A. BOYD PRINTING COMPANY TORONTO THE CARSWELL COMPANY, LIMITED LONDON SWEET & MAXWELL, LIMITED ; 1929 ( oe COPYRIGHT 1929 nee pate ALBERT ‘So SS Gey Se be RIGHTS RE 4 “PRINTED IN UNITED sramEs OF AMERICA, ad rf ®- a: a” te en | Soe a ae : ; oe 3 hes \ - ; -\ x * nl 7 <*, os fee T eee re ee - f% : = ee as ‘a ; - ptey a : baie if a= PFs ee FIRST ‘PRINGING, CEBRUAKY, 3929. Se “PRINTING, DEOUMBER, 1929. CG Ger Greece t « € i Se ate I Mc ex tile ¢t ¢ ? € & -t ece¢ e e oo oS A a Oe am Cm aia a eS hore 7. ac Cre t c on Cia Care F "i 1 OM ee EI, ae 8S So. eS Sigak. —— hac, Ric ei ea reaneocte (ite a 4 INTRODUCTION CENTURY ago the science of handwriting study did not exist. A crude empiricism still prevailed. This hundred years past has seen a vast progress. All relevant. branches of modern science have been brought to bear. Skilled students have focused upon this field manifold appurtenant devices and apparatus. A Science and an Art have developed. A firm place has now been made for the expert witness who is emphatically scientific, and not merely empiric. Each age has its crimes, with the corresponding protective measures,—all alike the product of the age’s conditions. In each age, crime takes advantage of conditions, and then society awakes and gradually overtakes crime by discovering new expedients.- In modern history—since Charlemagne and the beginning of the recivilization of Europe, some twelve hundred years ago—there have been two great epochs in the history of documents. In the first, skin-parchment is the vehicle, and writing is an esoteric art for the monkish few. Forgery flourished in the Middle Ages, chiefly as a successful method of acquiring land-titles. The forged Decretals of Isidorus come down to us as a typical imposition of that age. In the next epoch, paper is made, then printing is invented, and education in writing becomes gradually almost universal. Amidst these new conditions, the falsifier again outstrips society for a while. A Chatterton and a Junius can baffle the community. Well down into the 1800s, the most daring impositions remain pos- sible. But society at. last seems to have overtaken the falsifier onee more. Science and art, in the mass, are more than a match for the isolated individual. We have now apparently entered further upon a somewhat variant documentary epoch,—that of vii Vill INTRODUCTION. the typewriting machine. But even this, with its novel possibili- ties, will remain within the protective control of science—as the present book shows. The feature of Mr. Osborn’s book which will perhaps mark its most progressive aspect is its insistence upon the reasons for an opinion,—not the bare opinion alone. If there is in truth a science (and not merely an individual empiricism), that science must be based on reasons, and these reasons must be capable of being stated and appreciated. Throughout this book may be seen the spirit of candid reasoning and firm insistence on the use of it. I believe that this is the spirit of the future for the judicial attitude towards experts in documents. If judges and lawyers can thoroughly grasp the author’s faith in the value of explicit, rational data for expert opinions, the whole atmosphere of such inquiries will become more healthy. The status of the expert will be properly strengthened, and the processes of a trial will be needfully improved. The book abounds in the fascination of solved mysteries and celebrated cases. And it introduces us to the world-wide abun- dance of learning in this field. French and German investiga- tions are amply drawn upon. Psychology, mathematics, and literature, as well as chemistry, photography, and microscopy, are made to serve. The reader arises with a profound respect for the dignity of the science and the multifarious dexterity of the art. ; JoHn H. WicmMore. Northwestern University Law School, June 1, 1910. December 18, 1928. I am quite ready to renew my endorsement of your book, ‘*@uestioned Documents’’. John H. Wigmore. PREEAGE HEN the first edition of this book was published, in \) V) 1910, the publishers advised that no plates be made. To their surprise the whole edition was sold in a short time and the demand for the book has continued up to the present day. The field seemed to be a highly specialized and narrow one, but, partly perhaps due to changing laws and procedure, it developed that there was much more interest in the subject than had been anticipated. A second edition was at first interfered with by the war and its delays and tragedies, and then by another book, but finally the new edition has been prepared. In view of the interest in the book as it originally appeared, it has not seemed advisable to change to any great extent its general plan and design. The present edition does, however, discuss more fully many of the subjects, it also includes many new illustrations, describes several new test instruments and presents nine entirely new chapters. A distinctive addition to the book is a new Second Part, Cita- tions and References to Discussions of the Facts and the Law of Questioned Documents, an outgrowth and extension of the numerous footnote, legal and other references in the first edition. It is confidently anticipated that this new matter will be of great interest and value, especially to the diligent reader who uses the book in connection with an actual disputed document ease. A more extended description of this new part of the book appears at the beginning of Part II. A more detailed index has been prepared and the order of certain of the chapters has also been changed. The size of the printed page has been increased so that the main part of the book contains considerably more matter than the First Edition and the new Second Part has gradually grown until it has become almost a complete book in itself. ““TN THE unbiased search for the truth the law has no favorites by presumption. Silent circumstances, without power to change their attitude, or to make explanations, or to commit perjury, may speak as truthfully in court as animated witnesses. When an issue of forgery in a civil case is raised by pleadings and contested by evidence on both sides, there is no presumption either in favor of witnesses or in favor of circum- stances. All of the evidential facts which throw lhght on the issue must be considered in connection with the allegation of proponents that the will is genuine and with the charge of con- testants that the document offered for probate is a forgery. If the truth is found in oral testimony, it must determine the issue, but it is equally potent if found in cirecumstances.’’ Opinion by Mr. Justice Rose, In re O’Connor’s Estate, 105 Neb. 88, 179 N. W. 401 (1920). ‘TT\HE testimony of attesting witnesses to a will may be over- come by any competent evidence. . . . Such evidence may be direct, or it may be circumstantial; and expert and opinion evidence is just as competent as any other evidence. Indeed, where the signature to a will is a forgery, and where the attesting witnesses have the hardihood to commit perjury, it is difficult to see how the bogus will can be overthrown except by expert and competent opinion evidence tending to show that the pretended signature is not that of the testator, but spurious. The rule contended for by appellants would frequently baffle justice and give judicial countenance to many a highhanded fraud.’’ Opinion by Mr. Justice Dawson, Baird vs. Shaffer, 101 Kan. 585, 168 Pacific 836 (1917). AUTHOR’S INTRODUCTION INCE the first edition of this book was issued eighteen S years ago there has been a revolution in many American courts in the methods and procedure relating to the proof of the facts in disputed document cases. It has been said that this book, in its first form, contributed something toward this desirable change and any appreciative words that have been spoken or written are here gratefully acknowledged. Certain progress no doubt was inevitable and, whatever the causes, it is a fact that it is easier for those to win who aim to prove the facts in these cases than it was some years ago. A reading of the author’s introduction to the first edition, printed on the following pages, will suggest to some practitioners of the present day what progress has been made. It can hardly be believed now that less than fifteen years ago no standard of comparison, no genuine writing whatever, could be introduced, either to prove genuineness or forgery, in the United States federal courts, or in the state courts of many states, including the great states of Illinois, Indiana, and Michigan. In many courts reasons for opinions could not be given on direct examination, and the use of photographs and microscopes and other instruments always was objected to and these aids to proof often were excluded. In many state courts certain unfavorable legal presumptions regarding document testimony also were in force and highly critical opinions were written or followed that naturally grew out of the restrictions and limitations surrounding the subject. These restrictive conditions are now nearly all changed but not quite, and in some particular cases the inevitable process of nature will furnish the only remedy. There still are a few courts where standard writings are not admitted and a few others xi Xil AUTHOR’S INTRODUCTION. where an ancient prejudice makes it difficult, if not impossible, to prove the facts. In the great majority of courts, however, there is now a helpful and receptive attitude that tends to make a trial at law involving a disputed document, as it should be, a legally supervised scientific investigation. It is now more and more recognized and accepted, as stated long ago in Phillips on Evidence and approved in Bell vs. Brewster, 44 Ohio 696, 10 N. E. 679, ‘‘It may be laid down as a first principle that exclusion is generally an evil, and admission generally safe and wise.”’ The new conditions have also assisted in developing capable and reliable specialists who are qualified to assist in promoting justice and to make it more difficult for the unworthy to aid crime and promote injustice. There still are zealous advocates who find those willing to aid them in their efforts to defeat justice but these unworthy partners do not have so free a field as in the old days although they still succeed now and then where prejudice prevails or where proper preparation has not been made. Courts are more and more distinguishing between mere opinions and clear, demonstrative evidence; between honest and competent witnesses and dishonest and incompetent fakirs and pretenders, but the facts alone, even in good cases, do not often prove themselves, especially against bold perjury and resourceful advocacy. More and more lawyers are also qualifying themselves in the various technical matters relating to disputed documents and are thus better able to criticize, to sift, to present, and to inter- pret technical testimony and assist competent witnesses who by scientific methods and clear illustrations aim to make the facts themselves testify. A hope is again expressed that this new and enlarged work will aid in promoting justice. ALBERT S. OsBorN. New York, January 1, 1929. PAB HeOP CONT HN Ts . CuHapter I. PAGE Preliminary Examination of Questioned Documents...... 1 Cuapter II. weeeeoeoeajnestioned Documents...............-.+e+00: 12 s Cuapter ITT. Bearemoomuesiioned. Documents........:.20:.. 0.60.2. 0 0s 20 Cuapter LV. URMEMIISECOERRIGIMDATISON. ©2222. ou te ct cee cece see’ 20 > / CHAPTER V. Photography and Questioned Documents................. ag | Cuapter VI. The Microscope and Questioned Documents............. 63 Cuapter VII. Special Instruments, Measures and Appliances in Ques- RETAIN CT Ga (CAGCH (20 51s pia nie cys nieie edinin'd oso bela oh ie Cuapter. VIII. Movements, or Manner of Writing, Line Quality, and Align- TA Yee htt veo eig Sars She soko oS Fae alee Si CHAPTER IX. Pen Position, Pen-Pressure, and Shading in Writing...... 119 CHAPTER X. Arrangement, Size, Proportions, Spacing, and Slant in © eee teers AE CA eee a ap A rag 135 Cuapter XI. REIT SLT MINOT LS ot oaks oe otal s «ale d's een ss gins o's es 151 CuHapTer XII. The Relation of Systems of Writing to Questioned Docu- (TT ES oe ER ae ag br ie Sok EEE en 167 xiii Xiv TABLE OF CONTENTS. CuHapter XIII. PAGE Variation in Genuine- Writing: .....). 04 0... ss 1.5 5 oe 205 Cuapter XIV. Variety of Forms in Handwriting and Mathematical Cal- culations Appled to Questioned Handwriting......... ran CHAPTER XV. The Process of Comparison, or Reasoning Regarding Simi- larities. and .Differences} 453. 0..-.. 24. See 237 CuHapter XVI. Individual Characteristics and General Qualities and Ele- ments in’ Writing .(f.. 0 lie eh **'T?’. shading, 193, 194 Rede? am0'., CE gae 194 illustrated, 170, 171, 195 MN eats 193 omission of initial and final strokes, 195 penlifts and retracing in, 194, 195 slant of connecting strokes, 187 Pommeand final-<°o??-and “‘s??,.195 Rubber eraser effect, 531, 564 ‘*Rubber stamp’’ effect in writing, 213, 297, 341, 368, 369 Rubber stamp, forgery by use of, 361 writing ink over, 515 Rubric, retouching of, 334 Rubrics or paraphs, 296, 322, 689 Ruled Squares, how to make, 362 show tracing, 354, 356, 362 uniform, illustrated,. 91) Ruling removed by erasure, 567 paper ruling, how to examine, 489 Ryan vs. State, 319 A Alestatad paper’’, 536 Saxon writing, 189 Sears and deformities identify, 385 Schmitt, C. A., Ink Chemist, 478 ‘“School teaching’’ testimony, 658 School writing dangerous, 30, 383 Schooley-Crawford case, Scranton, 361, 481 é 225, 245, 1035 Science, is accurate classification, 237 method of, by Joseph Jastrow, 441 prostituted, 376 the law and, xxiv versus the law, 646 Scientific book not proved by age, 376 comparison, 239, 282 examiner, attitude of, 2, investigation, trial should be, xii restraint, 261, 262, 374, 388 study by lawyer and judge, 78, 615 tests, 38 Scientist vs. advocate, 376 may reach positive conclusion, 6 not an advocate, 6 one who seeks to know, 10 true scientist, 262 Scott, Henry T., on autographs, 571 Seal, forged, 577, 578, 580 photographs of, 45, 59 writing over, 523 Second self, habit is, 135 Seeing ability, varying, 81, “Seeing is believing’’, 71 ‘‘Seeing one write’’, qualifies witness, 240, 662 Self-conscious writing suspicious, 127 6, 377 246, 267, 578 Self-consciousness in writing, 274 shown by unnatural movement, 107, 127, 274 Senile neighbor testifies, 287 Sequence of strokes, 502, 504 Serial numbers prevent fraud, 558 ‘*Serration Theory’’, 73, 125, 126, 508 ‘*Settlement’’ hoped for by fraud, 641 Setting copies, 166, 184 Sex in language, 412 in anonymous letters, 415 in writing, 191, 411 Shading, and movement, 133 and pen pressure, 128 as writing habit, 128 difficult to imitate, 195, 688 feminine, 414 lateral, 131 399, 411, 412, 1036 Shading—continued location of,- 131 masculine, 414 measurements of, 130 omitted in forgery, 129, 130 omitted in tracing, 331 peculiar habits in, 132, 133, 414 proof of genuineness, 133, 368 quill pen, 160 Round Hand loop shading, 192 on Round Hand ‘‘T’’ and ‘‘F’’, 194 stiff pen, 130 stub pen, 129 unconscious, 130, 367 varieties of, 132 Shakespeare, 140, 174, 409, 411, 520, 681 Shakespeare forgeries, paper in, 496 Shakespeare’s System of writing, 182 Shattuck, George H., Spencerian author, 199 Shane, W. O., Omaha, 307 Shearman, J. Curtice, 308 Sherwin, Louis, 447 Sholes, Inventor of the typewriter, 605 Shysters and charlatans, 3, 618 Side light photograph, 545 Side by side comparisons, 41, 42, 43, 418 Sight, defects in, 246 evidence by, as well as by ear, 637 not necessary to writing, 139 Signatures, abnormal, may be genuine, 29 age of, 562 any genuine if it can be read, 680 bank signatures not good standards, 34, 35 characteristics fixed, 29 conventional and unconventional, 28 denied signatures, 680, 684 design of, 687 fantastic easily forged, 679, 680 faded because blotted, 675 forgery of group difficult, 370 full name unnatural, 19, 371, 687 genuine, forgery over, 559 guided hand, 309 INDEX. Signatures—continued how not to write, 688 imitation often easy, 680 initials or full name, 371, 686 ‘never twice alike’’, 207, 344, 369 on documents of importance, 28 position of, 137, 562 represent millions, xx simulation of group, very difficult, 370 skill and shading protects, 689 time required to write, 501 two styles of, 19, 371 uniformity desirable, 688 unusual may be genuine, 19, 210 variation in, 19 - writing before, 684, 686 Similarities, inevitable, 237, 261, 264, 379 Similarity, suspicious, 339 “*Similitude’’, force of, 244 Simulated forgeries, 270 defects in, 130, 272 line quality in, 273 self-conscious writing, 273 Simulated writing, definition, 17, 231 Simulation, a double process, 17 and slant, 146 compared with tracing, 327 evidence of, 111, 280, 283. of whole document, 293 Size in writing, 140, 141, 211, 259, 407 Sizing in paper, 125, 535 Skill and freedom illustrated, 288 classified, 105 identifies, 425 in foreign hands, 433 in shading, 368 protects signature, 689 real basis of skill of all kinds, 241 wide variation in, 105 Skilful forgeries, 679 Slant in writing, 144 drawn lines to show, 149, 150 in disguised writing, 149, 211 inharmonious, 150 INDEX. Slant in writing—continued less slant in forgery, 146 lines for testing, 146 of connecting strokes, 143, 145, 187 of late Spencerian, 185, 187 queer habits of, 254 Round Hand, 148, 187 significance of divergence, 147, 149 slight change significant, 149 usually a common quality, 264 Slater, Mr. Justice, opinion of, 487 “¢Smart’’ lawyer, 304 Smith, M. J., case, 324 Society hand and sex, 412 Socrates and ideas, 236 Soiling, location and character, 571 to cover forgery, 14 Spacing of writing, 137 after punctuation, 597 connections govern, 143, 186 in English Civil Service Hand, 144, 192 of late Spencerian, 185 typewriting, 558 Spanish law admitting standards, 648 Specialist, constantly tempted, 445 capable, developed, xii Spectacles, absence of, 213 Speed classified, 105 and shading, 133 shown by line quality, 107, 284 Speech shows degree of culture, 170 Spelling, identification from, 397, 399 Spencerian, early and final, 173, 174, 184 J hes ce M22 final 66g79 and Safe ltes 193, 195 narrow connections, 193 proportions of, 143 slant of, 145, 148 slant of connecting strokes, 187 Spirit writing, alleged, 398 Staggered prints to show tracing, 359, 362 Standards, age of writer of, 30, 32 alterations in, 35 bank standards poor, 27, 34 1037 Standards—continued careless writing as, 29 cautions regarding, 13, 388 date and number of, 27, 28, 31, 266, 415 different classes of, 29, 371 disguised, sometimes, 37 extended writing as, 19 from those arrested, 416 hasty and careless, 29 health conditions and, 31, 32 how to find, 415 inadequate, 28, 210, 388, 396, 415 in anonymous letter case, 415 no initials on, 21 not admitted, xi, xxi, 25 numbering machine numbers, 21 of a certain period, 32 one standard only, 27 pencil, 31, 165 pen printing standards, 423 request, 32, 423 rubber stamp on, 24 same class of writing, 29 school writing as, 30, 388 signatures as standards, 19, 29 suspected, 35 the best, 27 unprovable not to be examined, 13 variation in, 370 Stanford, Leland, tracings, 345 State differences in laws, 644 ‘*Statute of Frauds’’, 314, 681 Stein, Elbridge W., Document Examiner, 275, 310, 351 Stereoscopic microscope and pencil out- line, 164, 527, 596 Stereoscopic photographs, use in court, 45, 527 how to make, 46 Stops, pen or pencil, 335 in forgery, 130 pen lifts not always, 432 Storrs, People vs., 76 1038 Strokes, connecting, propulsive, 107 direction of, 360, 408 initial and final important, 107 width of, 87, 142, 153, 155, 159, 555 Strong vs. Brewer, 682 Stub Pen Handwriting, 123, 155, 160, 211 Stub pens, increasing use of, 155 shading with, 155 Subject matter suspicious, 297 Substituted page, 558 Suicide note, 410 Sulphite paper date, 496 Superimposing tracings, 355 ‘*Surcharge’’ as erasure, 546 to hide, 546 Suspicion, unwarranted, 387 ‘*Sweet Roman hand’’, 176 ~ Symons, C. T., Colombo, Ceylon, 313 Sympathy and justice, 640 System of writing, age of, 576 does not produce identity, 228 identification by, 18 ignorance of, 258 knowledge of, 284 leaves impress, 190, 228, 413 produces similarities, 380, 382 reasoning about, 246 System qualities, 142, 202 common, 170 errors regarding, 258, 261 important, 265, 383 in anonymous letters, 400 persistence, 193, 254 quality may be decisive, 202 System similarities may mislead, 379, 380 66 AIL of comma’? case, 486 ‘‘Tally sticks’’ old, 544 **¢?? crossings, 132, 219, 221, 222, 296 far to right, 261 retouched, 334 ‘“t’s?? and ‘‘d’s’’, height of, 143 ¢¢¢%s?? initial and final, 258, 259 Taylor, Isaac, quoted, 172, 185, 269, 576, 578 INDEX. Technical books not simply to, be read, 519, 615 Technical terms hide ideas, 134, 203 Technical testimony, interpretation of by lawyer, xii, 611 Technical words and pretension, 203 Telegraphers’ writing, 139, 191 Telephone exposes forgery, 540 Terminal strokes, 107, 109, 133, 296 forceful, 258 individual, 258, 364, 369 suspicious, 107, 323, 327 Terms, Handwriting, illustrated, 260 Testators to write part of will, 683 Testimony, conflicting, 142 convincing, 528, 629 ‘*convineingness of?’, 244 correct technique, 628 effective testimony, 658 general statements objectionable, 630 good ‘‘against the law’’, 628 heard but not understood, 63 how to give, 625, 628 incompetent, 239 none better than poor, xxii, 78 not believing but understanding, 659 oral or visible, 63 perjured, 328, 551, 569, 617 qualified, 568 ““school teaching’’, 658 | stupid, 630 vague and unexplained, 142, 203, 433, 619 Testing expert, 38, 464, 477 Testing methods, 476 Tests, and standards, 36, 3 clumsy tests of ink, 459 fair, 36, 38 for alleged ink experts, 46 for pencil erasure, 566 of pretentious ink witness, 464 unnecessary ink, 460 unscientific, 38, 282, 464, 477 Texas, law of, regarding standards, 25, 649 ‘‘that?’, the word, 219 INDEX. “‘the’’, illustrated, 223 #*The record’’ of a trial, 635 Thoroughness with sanity, 488 Thousandth Inch Measure, 87, 152, 155, 555, 556 “Thread broken or seal tampered with’’, xvi, 667 ‘Timidity, undue, 387 ‘Tintometer ink tests, 472 4‘ Tittles?’, 251 Tooke, Horne, and Junius letters, 394 ““Too much method’? in writing, 328, 339 ‘Tools, extension of human hands and senses, 80 ‘Torn documents, methods of handling, 23, 24 Touch, delicate, a writing quality, 433 Townsend vs. Perry case, 306 ‘Traced forgeries, composites of, 354, 362 Traced forgery, defects classified, 329- 338 beginning points in, 347 definition of, 130, 326 ‘*drawn’’, ‘‘artificial’’, 328 flourishes added, 332 indentations in, 337 line quality defect, 327, 349 mathematical calculations and, 233 method of showing, 354 model, 328, 335 natural movement impossible, 329 negative evidence, 327 not exact reproduction, 341, 342 not free and careless, 349 of punctuation marks, 343 passed by incompetent, 328 ; patched and ‘‘improved’’, 331 pencil outline for, 162, 337 pen-lifts in, 331 perfect, unassailable, 329 shading omitted, 331 significance of identity, 349 ‘staggered prints of, 359, 362 superimposing of, 355 twins, triplets and more, 329: under ruled squares, 354, 356, 1039 Traced forgery—continued usually clumsy, 326 with pencil, 332 Tracing and slant, 146 resemblance that suggests, 347 Transmitted light, 373, 531 examination, 44, 70 photographs, 44, 335 table, 96 Transparencies, how to make, 354 Tremor, 110, 127, 296 difficult to imitate, 329 inconsistent with form, 111 location of, 324 natural, unnatural, 103, 112, 113 of forgery, of illiteracy, of age, 113 uncontrolled movement, 127 vertical, 128 Trial, a duel, 418 a game of chance, 655 complete preparation for, 610 contentious, 518 one side only showing facts, 79 unscientific performance, 235, 613 Turns, narrow, 220, 224 Type faces, history of, 585, 607 Typewriter operator, identifying of, 597, 601 Typewriters, first, 600 Typewriting, additions, 558, 602 age of, 584, eases now frequent, 583 continuity of, 602 erasures of, 546 history of typewriting, 607 individuality in, 589, 591 ink covered, 546 machine dates, 585 problems, variety of, 581, 583 protractor, 90, 592a, 592d, 592e Remington, earliest, 604, 605 ribbon threads, 604 shows date, 573 space testing, 558, 592c stereoscopic photographs of, 45 test measures, 92, 592b; 603... 1040 Typewriting—continued test plate, 88, 92 vertical alignment in, 603 writing ink over, 515, 560 Typewritten additions, 558, 567, 602 Tyrrell, John F., Document. Examiner, Milwaukee, 592e, 608 NCONSCIOUS features, 259 Underscoring, 21, 292 Uniformity, degree of in each case, 344 unnatural, 213, 368, 556 Uninformed decide against facts, 203 Unique form, proof of tracing, 343 Universal language in pictures, 71 University of Colorado case, 111 ‘¢Unknown quantity’’ leads to error, 374 Unnatural position of signature, 562 Unnaturalness of self-conscious act, 274 United States Federal Courts, xi Up-hill tendency in forgery, 133 Upper loops, absence in Round Hand, 193 Upward strokes more free, 107 Use develops characteristics, 254, 261 Use of pencil, negligence, 677 ‘‘Uttering’’, to be proved, 18 AGUE testimony, 142, 433 Vancouver traced forgery case, 352 Vanishing points, 108, 133, 364 Van Rooyen case, Ceylon, 313 Variation in writing, 205, 208, 409 - detailed classification of, 37, 220 difficulty of simulating, 293, 369 due to illness, 210 must be interpreted, 213, 245, 296, 370 natural, proves genuineness, 213, 245, 368 not same with all writers, 264, 409 unaccountable, 217, 252 Varney, In re, 324, 328, 659 Venuto vs. Lizzo, 660 Verbs, tense shows date, 574 Vermont Marble Co.—Eastman case, 209, 573 Vernier, 86, 480 INDEX. Vertical writing, 105, 140, 175, 186 failure of, 186, 228 proportions of, 143 shows through disguise, 140, 199 Vigor in writing illustrated, 102 Vision, defective, in judge or juryman, 64, 81, 166 Visual testimony, 63, 81, 246, 304, 419 SAY Vie changing form of, 198 Walter, H. J., Document Ex- aminer, Winnipeg, 357 Ward, Mr. Justice, 264 Washington signature, 689 Watermark, 479, 491 how to photograph without lens, 494 imperfect, shows date, 492, 493, 579 Weighing characteristics, 245, 249, 250, 265, 377 Weight of testimony, 662 Weller’s, Sam, letter writing, 139 Wesson, D. B., case, 278, 279 Wharton, Criminal Evidence, 587 Whiteman, bank forger, 540 Whole document forged, 293 Width of pen lines, 555 Wigmore, Professor John H., 42, 243, 420, 530, 652 Will bequests, covered up, 546 Wills, codicils validate, 666 erasures in, 664 fraudulent holograph, 671 hand trimmed, 480, 486, 489, 560, 562 lawyers as witnesses, 665 on ‘‘dog-meat’’ paper, 498 on separate sheets, 552 substituted pages, 583, 667 typewritten, 666 witnesses to, 665, 682 Witchcraft, 167, 239, 649, 652 Witness, confirming, 528 dead witnesses to forgery, 681 ‘did not know what they signed’’, 665, 680 dogmatic, 36, 632 effective expert methods, 628, 632 INDEX. 1041 Witness—continued incompetent, 203, 374, 378, 632 more than one desirable, 528 Witnesses prevent litigation, 665 securing will witnesses, 665, 689 ‘‘teased’’ to testify, 618 Woman’s hand, 140, 177 Wood fibre paper, 496, 524 Wood, Jay Fordyce, Document Examiner, Chicago, 275, 608 Woodin, Mr. Justice, 304, 657 Words also ‘‘oft proclaim the man’”’, 435 that persuade, 236 Wright, Harry, note over genuine signa- ture, 560 Writer, age of, 30 Writing (see Handwriting) ‘Caccent’’ in, 168, 212 accidental features, 341, 343 affected by pen, 386 amount of, affects proof, 682 analysis of act of, 276 ancient, like printing, 181, 577 and speech, analogies, 170 angular, 177, 191, 413 angularity and roundness, 220, 223, 224 arrangement of, 139, 408 artistic quality, 101, 102, 432 automatic act, 135, 171, 276, 407 ‘birthmarks and sears’? in, 250, 251, 252, 253 British, 192, 415 causes affecting, 365, 385 changes in a, 573 common qualities in, 261, 264, 379, 380 compactness of, 143 conditions affect, 209, 210, 266, 365 conditions and excuses invented, 211 continuity of, 43, 152, 364, 553, 556, 573 damaging similarity, 209 date changes in, 30, 171, 336, 572 developed by trial and use, 252, 256, 381 disconnected, 433 ’ easily imitated, 366, 679 _ Writing—continued erratic, distorted, 210, 365 famous people’s, forged, 575 fixed character of, 206, 256, 336 foreign influences, 167, 259 freak forms, 410 freedom, how shown, 367 genuine old, 577 gradual changes in, 30 habits and illness affect, 266, 364 hesitation and uncertainty, 101, 364 how identified, 242, 262 inconsistency in, 284 inevitable similarities, 363, 380 inherent qualities in, 245, 287, 365 inherently suspicious, 26, 295 literary style of, 191 main problems regarding, 241, 245 many qualities of, 239 masculine or feminine, 414 mental strain and forgery of, 113, 273, 284, 294, 365 mental strain and forgery of, 365 natural or feigned, 18 natural variation, 19, 205, 207, 296 nervous and weak, 28 new ‘‘script’’, 188 occupation styles, 191 of a period, 287 one’s own, ignorance of, 212, 274, 407 order of, 502, 504, 505 original style, 190 over genuine signature, 559, 566 Palmer System of, 179 pen affects, 211 permanency of habits, 573 proportions, 140 range of individual variation, 245, 409 reading obscure and indistinct, 545 record of a motion, 276 reference material, about, 416 repetition, significance of, 365 reserve power and force in, 101 rhythm in, 98, 100, 104, 995 rhythm of disconnected strokes, 432 self-conscious, 274, 296, 364 1042 INDEX. Writing—continued Writing habits, opposite do not exist, 211 similar in same language, 262 source of, 136 speech and writing, 206 unconscious, 212 speed of, 367, 501 Writing problems, difficult, 210 system changes in America, 167, 246 unaccountable variation in, 219 unconscious development of, 253 ELLOW stains, shown by photo- graphs, 43 Yiddish writing, alignment in, 118 ““y?? Joop in Round Hand, 192 variations classified, 220, 245 vertical, 177 vigor or weakness in, 101, 222 ‘¢visible record of a movement’’, 101 whole document, forgery of, 293 ANER and Bloser System, 179 why genuine, why not genuine, 13, 388 Zones of doubt, 374, 376, 385 Boston Public Library Central Library, Copley Square Division of Reference and Research Services The Date Due Card in the pocket indi- cates the date on or before which this book should be returned to the Library. Please do not remove cards from this pocket, - ag _ ~~ ae, "4 a ; ty he. a’ ¢ ae tga cle (abe | D igh oe ol s ei? © Hs eas TT UN at wth, its Pasty