第 47 节
作者:辩论      更新:2021-02-27 01:31      字数:9318
  notes for 6;000 each; the contention of the prosecution
  was that the dates of the notes had been changed
  by chemicals; and with the consent of the defense a
  reagent was applied to the suspected places and the
  original dates restored。 The verdict of the jury was
  guilty。
  In the Holt Will case; tried in Washington; D。 C。;
  in the month of June; 1896; great stress was laid on
  the fact of the difference in the admixture of inks
  found on letters contemporaneous with the date of
  the will; and it was asserted also that the ink with
  which the will was written was not in existence at
  the time it was alleged to have been made; June 14;
  1873; and probably not earlier than ten years later。
  Furthermore; that it was a habit of Judge Holt up to
  the time of his death; which habit was illustrated in
  his writings and correspondence to 〃sand〃 his writing。
  The jury decided the will was a forgery。
  Another famous case in which the scientific testimony
  about ink and pencil writing must have assisted
  the court in arriving at a conclusion was in the trial
  of the famous Tighe will contest; tried before Hon。
  Frank T。 Fitzgerald; one of the present surrogates of
  the county of New York。 The story of this case is
  incorporated in the opinion which is cited in part:
  〃Hon。 Frank T。 Fitzgerald; Surrogate of the
  county of New York:
  〃That Richard Tighe died on the 6th day of
  May; 1896; at No。 32 Union Square; in the city
  and county of New York; where he had lived for
  fifty years prior to his death; and was at the time
  of his death over ninety years。
  〃That the testator; on or about the 27th day of
  March; 1884; in the presence of the attesting witnesses;
  duly signed the instrument in writing; and
  duly published and declared the same to be his last
  will and testament; and requested said witnesses
  to witness the same; and pursuant to such request
  said attesting witnesses did subscribe said will as
  attesting witnesses。 That at the time said Richard
  Tighe so signed; published and declared the said
  instrument to be his last will and testament; the
  said Richard Tighe was in all respects competent
  to execute the same; and was not under any restraint
  or undue influence。 That the said instrument;
  so signed; published and declared by
  testator was and consisted of the identical sheets
  of paper and the identical writing now appearing
  upon the same as to all except pencil writing; the
  testator did not publish or declare the marks; words
  or figures written in or upon said instrument in
  pencil to be a part of his last will and testament;
  and it is not found that such marks; words or figures
  were upon said instrument at the time when
  said instrument was so published and declared to
  be the last will and testament of the testator。
  That the said last will and testament is written
  consecutively upon two sheets of legal cap paper。
  〃That the said last will and testament was originally
  prepared with blank spaces left for the
  insertion of the numbers of shares intended to be
  bequeathed and devised to the various beneficiaries
  named therein; and as so prepared was in the
  hand…writing of Caroline S。 Tighe; the wife of testator;
  and that at some subsequent time and before
  the execution of the said instrument by the said
  Richard Tighe; the blank spaces hereinafter referred
  to as filled in in ink; were filled in by or under the
  direction of the testator。 Upon said instrument
  as offered for probate there appears in the blanks
  originally left thereon; in some instances; pencil
  writings superimposed over other pencil writings;
  which have been either wholly or partially erased;
  and in other instances ink writing different from
  the body of the instrument in the material employed;
  appearing over pencil writings wholly or
  partially obliterated。 。 。
  〃That the said words written in ink filling such
  blanks as aforesaid expressed the final determination
  of the testator with regard to the beneficiaries
  to whom the same applied; and that the words
  and figures written in pencil filling such blanks as
  aforesaid were written only deliberately and tentatively
  and that as to those words and figures the
  testator had not at the time when he executed;
  published or declared said instrument to be his
  last will and testament determined as to whom or
  in what proportions he would give the several
  shares of his estate and property covered by said
  words and figures; but the testator attempted
  and intended to reserve to himself the power of
  making disposition of said shares thereafter; and
  intended the final disposition thereof to be in ink
  writing。 。 。 。〃
  CHAPTER XXIV。
  CHEMICO…LEGAL INK (CONTINUED)。
  FAMOUS CASE OF CRITTEN V。 CHEMICAL NATIONAL
  BANKSTORY OF THE CASE INCLUDED IN THE
  OPINION OF THE COURT OF APPEALS AS WRITTEN BY
  JUSTICE EDGAR M。 CULLENTHE PINKERTON CASE OF
  〃BECKER〃STORY OF HOW HE SECURED 20;000
  THROUGH THE ALTERATION OF A 12 CHECKBECKER'S
  COMMENTS ABOUT HIMSELFA CRITICISM OF
  BECKER AND HIS WORKNAMES OF SOME CASES
  IN WHICH CHEMICAL EVIDENCE WAS PRESENTED TO
  COURTS AND JURIES。
  THE books contain no clearer or more forcible exposition
  of 〃Chemico…legal〃 ink; in its relationship to
  facts adduced from illustrated scientific testimony; than
  is to be found in the final opinion written by that
  eminent jurist Hon。 Edgar M。 Cullen on behalf of the
  majority of the Court of Appeals of the State of New
  York; in the case of De Frees Critten v。 The Chemical
  National Bank。 It was the author's privilege to be the
  expert employed in the lower court about whose testimony
  Judge Cullen remarks (N。 Y。 Rep。; 171; p。 223)
  〃The alteration of the checks by Davis was established
  beyond contradiction;〃 and again; p。 227; 〃The skill
  of the criminal has kept pace with the advance in
  honest arts and a forgery may be made so skillfully
  as to deceive not only the bank but the drawer of the
  check as to the genuineness of his own signature。〃
  The main facts are included in the portion of the
  opinion cited:
  〃The plaintiffs kept a large and active account
  with the defendant; and this action is to recover an
  alleged balance of a deposit due to them from the
  bank。 The plaintiffs had in their employ a clerk
  named Davis。 It was the duty of Davis to fill up
  the checks which it might be necessary for the
  plaintiffs to give in the course of business; to make
  corresponding entries in the stubs of the check book
  and present the checks so prepared to Mr。 Critten;
  one of the plaintiffs; for signature; together with
  the bills in payment of which they were drawn。
  After signing a check Critten would place it and
  the bill in an envelope addressed to the proper
  party; seal the envelope and put it in the mailing
  drawer。 During the period from September; 1897;
  to October; 1899; in twenty…four separate instances
  Davis abstracted one of the envelopes from the
  mailing drawer; opened it; obliterated by acids the
  name of the payee and the amount specified in the
  check; then made the check payable to cash and
  raised its amount; in the majority of cases; by the
  sum of 100。 He would draw the money on the
  check so altered from the defendant bank; pay the
  bill for which the check was drawn in cash and
  appropriate the excess。 On one occasion Davis
  did not collect the altered check from the defendant;
  but deposited it to his own credit in another
  bank。 When a check was presented to Critten for
  signature the number of dollars for which it was
  drawn would be cut in the check by a punching instrument。
  When Davis altered a check he would
  punch a new figure in front of those already appearing
  in the check。 The checks so altered by
  Davis were charged to the account of the plaintiff s;
  which was balanced every two months and the
  vouchers returned to them from the bank。 To
  Davis himself the plaintiffs; as a rule; intrusted the
  verification of the bank balance。 This work having
  in the absence of Davis been committed to another
  person; the forgeries were discovered and Davis
  was arrested and punished。 It is the amount of
  these forged checks; over and above the sums for
  which they were originally drawn; that this action
  is brought to recover。 The defendant pleaded
  payment and charged negligence on plaintiff's part;
  both in the manner in which the checks were
  drawn and in the failure to discover the forgeries
  when the pass book was balanced and the vouchers
  surrendered。 On the trial the alteration of the
  checks by Davis was established beyond contradiction
  and the substantial issue litigated was that
  of the plaintiff's negligence。 The referee rendered
  a short decision in favor of the plaintiffs in which
  he states as the ground of his decision that the
  plaintiffs were not negligent either in signing the
  checks as drawn by Davis or in failing to discover
  the forgeries at an earlier date than that at which
  the