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Ink and 
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 Cornell University Library 
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 Ink and questioned documents. 
 
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 3 1924 030 326 213 
 
 Documents 
 
Cornell University 
 Library 
 
 The original of tiiis book is in 
 tine Cornell University Library. 
 
 There are no known copyright restrictions in 
 the United States on the use of the text. 
 
 http://www.archive.org/details/cu31924030326213 
 
Plate I. The Color Microscope. 
 
Ink and Questioned 
 Documents 
 
 BY 
 
 ALBERT S. OSBORN 
 
 Examiner of Questioned Documents 
 
 ROCHESTER, N. Y. 
 1908 
 
 E-V. 
 
/\,'11?^511 
 
 Introduction 
 
 Ink questions are often of the utmost importance in con- 
 nection with the investigation of suspected papers, and 
 especially the question whether the ink on an alleged old 
 document is not too fresh to be genuine. There has long 
 been great need of some means or methods by which ink 
 colors could be definitely measured and recorded, and the 
 method described herein is an attempt to supply that need. 
 It is often positively known that the ink on a document 
 purporting to be several years of age has actually matured 
 or "turned black" after the paper has been brought into 
 court, but such a statement without a record of the color of 
 the ink when first seen, is based on a mere recollection and 
 is of little value as evidence. In most cases it is an unwar- 
 ranted assumption to make one examination of an ink and 
 pretend to say just how long it has been on the paper, but 
 by the method described herein anyone with good eyesight 
 can ascertain positively whether an Ink is still undergoing a 
 change in color and can show just what the change is. The 
 value of such evidence is manifest. 
 
 The main part of the article reprinted herewith first ap- 
 peared in The Chicago Legal News, Vol. XL., No. 23. 
 Illustrations and a few new paragraphs have been added. 
 
 Copyright, 1908, by Albert S. Osbor 
 
Ink and Questioned Documents 
 
 T^ORTUNATELY, the ink in 
 most common use, iron-nutgall 
 ink, is that which goes through 
 more changes on the paper than any 
 other ink and is most affected by 
 lapse of time. It is easy to under- 
 stand how these facts may be of 
 great importance in the investigation 
 of a suspected or disputed document. 
 To one who is confronted with a 
 skillful forgery, it is intensely in- 
 teresting to know that the ink color of such a document may 
 be the means of showing that it is fraudulent. Suppose a writ- 
 ing of this kind, a will it may be conveying a million dollars, 
 purports to have been written five years or ten years before, 
 and it can be conclusively shown that the ink on the docu- 
 ment has not yet matured but goes through those changes 
 that are characteristic of ordinary ink during the first six 
 months of its history. To prove this fact invalidates such 
 a paper. This can be done in many cases if proper steps 
 are promptly taken. 
 
 It is a matter of common knowledge that ordinary busi- 
 ness writing ink changes color after it is on the paper. 
 This fact has naturally received some consideration in the 
 examination of questioned documents purporting to be 
 some years of age, but there has been no means of making 
 a definite and permanent record of the tint and shade of an 
 ink for subsequent comparison with itself, so that evidence 
 on the subject has been based almost entirely on mere rec- 
 ollection, and such testimony has but little if any weight. 
 The important fact is that the iron-nutgall inks in com- 
 mon use reach their fullest intensity of blackness by a con- 
 
 5 
 
tinuous process of oxidation, and sucli chemical action 
 cannot be arrested to be resumed and completed at a remote 
 period of time. The problem, it should be understood, is 
 not to look at an ink and by one examination attempt to say 
 just how old it is, but to determine whether or not the ink 
 of a questioned document is still undergoing a process 
 of change of color inconsistent with the date it bears.' 
 
 In the natural course of events a fraudulent document is 
 usually manufactured only a short time before it is actually 
 brought forward. The conditions often require that such 
 a paper be dated back a year or more and, as stated, if it can 
 be shown that it could not at most be more than a few days, 
 weeks, or months old, the document by this means alone 
 may be utterly discredited. That ordinary writing ink is of 
 an entirely different color when first written with than that 
 which it finally reaches is well known, but this is about all 
 that is generally known on the subject. It is important to 
 know the rate of development and when such changes are 
 completed. 
 
 After ordinary writing ink reaches its fullest intensity of 
 color it remains in a practically fixed condition for some 
 years, six to ten, and then it begins to show slight dis- 
 coloration on the edges of the pen strokes that is the result 
 of age. This discoloration or yellowing is progressive until 
 after a sufficient lapse of time, depending upon conditions, 
 the ink finally becomes a yellowish brown color. 
 
 American iron-nutgall inks are nearly all a distinct blue 
 color when first written with. This initial color is produced 
 by the addition of aniline blue to the ink solution which 
 serves only the temporary purpose of making the ink more 
 legible when first put upon the paper. The iron-nutgall 
 
 1 It is not usually possible by one examination to positively recognize and differentiate the 
 various kinds of ink by the color test alone, but some inks have characteristic colors that usu- 
 ally can at once be recognized on good white paper. Ordinary Nigrosin ink, a so-called 
 *' Black Ink" much used for letter writing and by school children, as made by different man- 
 ufacturers gives the following initial reading during the first hour, and no change can be 
 observed after the lapse of one year's time : Red, 1.6 j Yellow, .90 ; Blue, 3.6. 
 
 6 
 
solution alone is a pale brown color and produces writing 
 that is at first almost illegible and for this reason would be 
 unfit for use. English inks, formerly much used in this 
 country, are colored with indigo and their initial color on 
 the paper is a shade of green. The color of the reaction of 
 these inks under the hydrochloric test is green, while the 
 American inks under the same reagent give a blue reaction 
 or greenish blue. This initial color of the fluid inks is, 
 however, somewhat aflfected by the age and exposure of the 
 ink before being used, the tendency being for the blue inks 
 when old to become a greenish blue color. 
 
 The development or blackening of ordinary iron-nutgall 
 ink is very much slower during the winter months. The 
 most rapid development is during the warm, humid months, 
 the humidity undoubtedly affecting the change much more 
 than the heat. In the months of July and August (see 
 chart printed herewith), or during any warm, humid period, 
 an iron-nutgall ink will reach a degree of blackness in ten 
 days that will hardly be reached by the same ink on the 
 same paper in ten weeks in winter in northern latitudes 
 where artificial heat takes a large percentage of the humidity 
 out of the air.' This varying rapidity of development is a 
 fact always to be taken into consideration in such an exami- 
 nation. If a fraudulent paper is made during the winter 
 months there is a much longer interval during which a color 
 examination of the ink may be useful in ascertaining the 
 actual date of the document. 
 
 The first steps in the darkening of these inks are much 
 more rapid than the later ones. A good ink in summer 
 under ordinary view will appear to be black at the end of 
 from one to two weeks and in winter this same degree of 
 blackness will be reached in from six to eighteen weeks, but 
 
 I The change in new iron-nutgall ink in four hours on a warm humid August day, as 
 
 recorded in one case, is as follows : 
 
 Red. Yellow. Blue. 
 
 9.30 A. M., . . . . -5 -9° 4- 
 
 1.30 p. M., . . • 1-3 '-4 4-6 
 
 7 
 
Explanation of Plate II 
 
 The changes in color on the paper of ordinary writing 
 fluid or what is technically known as iron-nutgall ink, is as 
 pronounced and distinct as shown in the illustrations on 
 Plate II. It is not possible with printing ink to_ exactly 
 match the actual writing ink colors, and those shown are 
 only approximate, but the illustrations show about the 
 same differences in color as are shown by the same ink of 
 different ages. The illustration also shows the necessity 
 of magnification of an ink line in order to see its color 
 plainly. The fine lines of the illustration are the same 
 color as the widest parts, but do not appear to be the same 
 color, and if the lines were made still finer the actual color 
 would not be recognized by unaided vision. 
 
 The first illustration. No. i, approximates the color of 
 ordinary iron-nutgall ink when first placed upon the paper. 
 The second illustration shows about what color will be 
 reached in a few months, and the third illustration shows 
 the same ink when it has lost all tint or color and is a 
 neutral black ; this latter condition, under average circum- 
 stances, being reached in from fourteen to twenty-four 
 months. 
 
Plate II 
 
Explanation of Plate III 
 
 It is well known that proper mixtures of the three colors 
 red, yellow and blue in the form of pigments or printers' 
 colors will produce the other three colors of the spectrum, 
 green, orange and violet, and by changing the proportions 
 of the colors first mentioned a great variety of tints and 
 hues can be produced. The various colors of the spec- 
 trum can also be produced by the combination of the three 
 colors red, yellow and blue as transmitted by colored glass. 
 A colored glass, red for example, produces its color by ab- 
 sorption of the greater part of the other colors, so that 
 only red is visible. It is a common error to suppose that 
 a colored glass actually colors a beam of light. From the 
 fact that colors by absorption are not simple, it becomes 
 possible by the mixture of such lights to produce a mar- 
 velous number of tints by the use of graduated red, yellow 
 and blue glasses. 
 
 It seems to be quite well established that the three pri- 
 mary colors of the spectrum are not red, yellow and blue, as 
 has long been taught, but red, green and violet; but for the 
 use of the artist who works in pigments, or for the match- 
 ing of tints by colored lights produced by absorption, the 
 practical colors are red, yellow and blue. Their use for 
 these purposes is not in conflict with the modern view of 
 colors for the reason, as already stated, that pigment colors 
 and colors produced by absorption are complex colors con- 
 taining within themselves, but not visible, all the elements 
 of the spectrum. 
 
 10 
 
Plate III 
 
 
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 ^ 1 
 
 i 1 
 
 !Z ^ 
 
 11 
 
Plate IV 
 
 "w.ii^e 
 
 s^[lO£ 
 
 "CCS 
 
 -'A;/ 
 
 iJ-HS^ 
 
 
 J-'A/'r 
 
 12 
 
Explanation of Plate IV 
 
 The readings of the performance of an ordinary iron- 
 nutgall ink on pure white rag paper during summer months 
 is illustrated on Plate IV. The readings were made during 
 that time of the year when ink develops the most rapidly, 
 but even during this season and after the lapse of three 
 months' time this ink had gone through only about half 
 of its regular scale of development. 
 
 In the readings tabulated only the visual result is shown, 
 the first reading from the glasses being as follows: 24 
 hours, yellow, .90; red, i.; blue, 5.60; which gives a 
 visual result as shown in chart." 
 
 Three glasses of the same value give not a tint but a 
 shade, so the lowest in a combination of three is read as 
 black. This leaves .10 red excess to combine with the 
 blue, giving a violet of .10, and leaving an excess of 4.60 
 blue above the sum of the other visual results. The pre- 
 dominant color is of course blue tinged with violet and 
 shaded or damped with the .90 of yellow which does not 
 appear as a tint. 
 
 I It is difficult to realize that a color seen as Blue, for instance, may really be a combination 
 of the colors red and blue, or vellow and blue, or red, yellow and blue, only one of which we 
 see. Few of the countless and beautiful colors surrounding us are simple, but are made up of 
 combinations oi various colors, one of which is visually predominant. Under " Spectrum " in 
 the Standard Dictionary is printed an excellent color chart showing forty-eight type colors with 
 an analysis of each. A few of the more familiar colors, with the proportions of constituents, 
 are as follows : 
 
 Black white Red Orange Yellow Green Blue 
 
 Robin' s-Egg Blue, 
 
 
 38 
 
 
 Baby Blue, 
 
 
 40 
 
 
 Nile Green, 
 
 
 25 
 
 
 Gobelin Blue, 
 
 40 
 
 17 
 
 
 Turquoise, 
 
 
 34 
 
 
 Sapphire Blue, 
 
 IZ 
 
 
 
 Antwerp Blue. 
 
 
 2 
 
 
 Russet, 
 
 40 
 
 
 ^4 
 
 Olive Green, 
 
 13 
 
 18 
 
 17 
 
 41 
 
 21 
 
 32 
 
 28 
 
 45 
 
 3° 
 
 13 
 
 30 
 
 34 
 
 32 
 
 18 
 
 70 
 
 30 
 
 68 
 
 8 44 
 
 IMany, no doubt, will be surprised to know that Robin's-Egg Blue is more green than blue, 
 and that the same is also true of Turquoise. 
 
 13 
 
in both cases the ink is then far from black and a very long 
 way from the ultimate condition it will attain. This first 
 apparent blackness is not blackness at all, but under proper 
 magnification and good daylight is seen to be a rich purple 
 color at its densest portions, shading off into distinct blue 
 in the thin places. This blue gradually disappears and the 
 purple gradually deepens until the ink line finally reaches a 
 neutral black without any purple or blue color whatever. 
 This latter process is quite slow and often covers many 
 months, the time depending upon the surrounding con- 
 ditions, the quality of the ink, and the kind and condition 
 of the paper upon which it is placed. The time required 
 to reach a neutral black is from about fourteen to twenty- 
 four months. 
 
 This astonishingly slow rate of development is not gener- 
 ally understood and recognized for the reason that opinions 
 on the subject are usually based upon the ordinary cursory 
 view by unaided vision. Because of this slow development 
 it is possible in many instances to make useful comparisons 
 of inks that have been on the paper for a long time. Even 
 under conditions producing the very slowest development 
 iron-nutgall inks lose much of their distinctive initial color 
 in a few months and, under some conditions, in a few weeks 
 or days. The blue or green tints do not fade, but are 
 gradually extinguished by the development of the darker 
 colors of the iron-nutgall solutions. The process of oxida- 
 tion is a continuous one until the ink has reached its fullest 
 and final intensity of color. Even on the leaves of a tightly 
 closed book ink oxidizes continuously until it reaches its 
 ultimate color and light is not necessary to the process 
 although it hastens it. If a book with writing in it is kept 
 under great pressure and not opened, the air, with the 
 moisture it always carries, may be sufliciently excluded to 
 retard the oxidation slightly, but not to stop it. 
 
 In view of all these facts it is plain that if a disputed sig- 
 nature or writing purporting to be five years of age is a dis- 
 
 14 
 
tinct blue or green color when it is first shown and then 
 turns black in the course of a few weeks, or in a few days!, 
 it is only necessary to prove this fact in order to show that 
 such ink has not been on the paper five years. To show 
 and prove this changing or developing color it becomes 
 necessary to compare the ink with itself at successive exami- 
 nations, and to do this a record must be made of the color. 
 An entirely new method of making such a record is here 
 described. 
 
 A color record of an ink can be made by means of an instru- 
 ment that may be described as the Color Microscope, which 
 is especially designed tor the comparison, measurement and 
 recording in fixed terms of ink tints and shades. Many 
 occasions arise in the examination of questioned documents 
 where other uses can be made of such an instrument and 
 without some such assistance as it gives the facts in certain 
 cases cannot be clearly shown. The instrument is useful 
 in all ink investigations, but is especially useful for the pur- 
 pose just outlined, that is, the earlv examination of a fraudu- 
 lent document purporting to be much older than it actually 
 is and on which the ink has not yet reached its ultimate 
 intensity of color. If such a document is promptly exam- 
 ined and a definite color record is made of the exact tint and 
 shade of the ink, as may be seen and verified by a number 
 of observers if desirable, comparisons can then be made 
 later of the first color with the later color and any change 
 in the ink can be clearly seen and accurately recorded. 
 
 The Color Microscope brings the magnified image of 
 two objects or fields into one microscopic eyepiece so that 
 they may be observed side by side. This is accomplished 
 by means of two parallel tubes surmounted by inclosed 
 reflecting prisms which bring the rays of light from the two 
 objects so that each image occupies one-half of the field as 
 seen under one eye-piece. By the use of matched object- 
 ives the two fields of view are easily and accurately com- 
 pared by being thus brought close together under high 
 
 1.5 
 
magnification. Most ink strokes are so small and narrow 
 that they lack a sufficient mass of color to show tints and 
 shades in natural size by unaided vision, but under suitable 
 maanification the most delicate distinctions, both in tint 
 and depth of color, can readily be made. 
 
 The Color Microscope was designed to utilize the Lovi- 
 bond tintometer standard color glasses for the purposes 
 here described." By interposing these finely graduated red, 
 yellow and blue color scales in one tube any color can be 
 exactly matched as seen under the other tube and a definite 
 record made of it as the color value of each glass is etched 
 upon it. The observation is made through the glass 
 standards against a standard white background, pure sul- 
 phate of lime under uniform pressure being used for this 
 purpose as with the regular tintometer instrument. In this 
 manner the exact constituents of the most delicate tint can 
 be determined and recorded and comparisons can be made 
 that otherwise it is absolutely impossible to make. The 
 regular Lovibond tintometer is an instrument with which 
 color readings are made without magnification and cannot 
 be used for the purposes here described. Unless the color 
 conditions are very distinct and pronounced, it is almost 
 always useless to attempt to make such comparisons without 
 suitable instruments. 
 
 On the first examination and color reading of the 
 ink of a questioned writing exact records should be made 
 of the tint and shade of numerous parts of the writing. 
 Definite description, illustrated by drawings, should be 
 
 I The first attempts were made with coloured liquids in test tubes of equal diameters, and by 
 these means some useful information was obtained. The liquids, however, soon changed col- 
 our, requiring fiequent renewals; and there was always a little uncertainty concerning their 
 exact reproduction. Coloured glass was next tried, and long rectangular wedges in 
 
 glass of different colours, with gradually graded tapers, were ground and polished for standards, 
 whilst correspondingly tapered vessels were made for the liquids to be measured. These were 
 arranged to work, at the end of the instrument, up and down at right angles before two aper- 
 tures, side by side, with a fixed centre line to read oflf the thickness of each before the aperture 
 when a colour match was made ; but here also the difference of ratio between the thickness and 
 colour depth of the different coloured glass and liquids proved fatal to the method. 
 
 — Lovibond' s Light and Colour, p. /y. 
 10 
 
made of the exact portion of the line examined so that at 
 the second and all subsequent examinations the instrument 
 can be replaced and the glass standards introduced that 
 matched the ink color at the first reading when any change 
 in the ink is at once apparent. If the ink has changed, 
 then the standard glasses should be re-arranged until the 
 color is matched again and a second record made of the 
 glasses required to match the color of the ink. 
 
 If at the first examination the ink is apparently very 
 recent the second reading in summer should be made not 
 more than ten days later and the third a month later. In 
 winter the second reading may be made two or three weeks 
 after the first reading. If, when first examined, the ink is 
 some weeks old, the second record may be made two or 
 three months later. 
 
 The colors are matched by a combination of the red, yel- 
 low and blue standard glasses viewed by transmitted light. 
 The most delicate difference in tint or shade can be shown. 
 With fifty of the accurately graduated glasses of the appro- 
 priate depth of each of the three colors the number of pos- 
 sible combinations is very great. Each red standard can 
 be combined with each blue standard, making twenty-five 
 hundred combinations of these two. Each of these combi- 
 nations can then be combined with each of the fifty yellow 
 standards, making a total number of combinations resulting 
 from fifty times twenty-five hundred, or one hundred and 
 twenty-five thousand combinations.' These do not all rep- 
 resent visible distinctions, as many of the lighter tints are 
 extinguished by the heavier colors, but with this number of 
 
 r From such data he (Aubert) calculated that in a solar spectrum at least a thousand 
 distinguishable hues are visible But we can still recognize these hues, when the light pro- 
 ducing them is subjected to considerable variation in luminosity. Let us limit ourselves to roo 
 slight variations, which we can produce by gradually increasing the brightness of our spectrum, 
 till it finally is five times as luminous as it originally was. This will furnish us with a hundred 
 thousand hues, differing perceptibly from each other. If each of these hues is again varied 
 twenty times, by the addition of different quantities of white light, it carries the number of tints 
 we are able to distinguish up as high as two millions. 
 
 — Rood^ s Text Book of Colore p. ^o. 
 
 n 
 
graduated standard glasses many thousands of actually visi- 
 ble tints can be matched. It is entirely possible to make 
 more than a thousand visible blue tints and shades. This 
 extraordinarily fine gradation of tints and shades makes it 
 possible to match an ink color with remarkable accuracy and 
 detect the slightest change. 
 
 In actual use it is possible to detect and match the 
 changing color of an ordinary iron-nutgall ink every three 
 or four hours during the first day after it is put upon clean 
 white paper in the summer months; then every second or 
 third day the change in the tint and depth of color can be 
 seen and recorded for about one week. Later a recogniza- 
 ble change can be recorded every second week for about 
 four weeks. Then there is a difference that can usually be 
 seen and matched between two months and four months 
 and between four months and eight months, and the dif- 
 erence in color and shade between eight months and 
 twenty months or more is readily seen and recorded. 
 
 The changes that take place in iron-nutgall inks are 
 so pronounced that they are unmistakable and cannot be 
 
 For my own part, whatever theory of color sensations may prove to be the right one, 1 lean 
 strongly to the idea that the cause of vision will be found in chemical action, induced by the 
 impact of the different wave-lengths of light falling on sensitive matter. A white substance 
 may absorb all the wave-lengths found in the spectrum, and if it have three sets of molecules, 
 one of which has an atom or atoms vibrating with the same period as the waves of light which 
 show a maximum for one sensation and another for another, and so on, the requirements for 
 the color sensations are met. It may be that the sensitive part of the retina is like a photo- 
 graphic plate, but with this essential difference — that the sensitive material is constantly 
 changing. 
 
 — Capt. IV. deW. Ahnef in Colour Vision, p. I()8. 
 
 The celebrated Thomas Young adopted another view : According to him, each minute 
 elementary portion of the retina is capable of receiving and transmitting three different sensa- 
 tions ; or we may say that each elementary portion of its surface is supplied with three nerve 
 fibrils, adapted for the reception of three sensations. One set of these nerves is strongly acted 
 on by long waves of light, and produces the sensation we call red ; another set responds most 
 powerfully to waves of medium length, producing the sensation which we call green ; and 
 finally, the third set is strongly stimulated by short waves, and generates the sensation known 
 as violet. The red of the spectrum, then, acts powerfully on the first set of these nerves • 
 but, according to Young's theory, it also acts on the two other sets, but with less energy. The 
 same is true of the green and violet rays of the spectrum ; they each act on all three sets of 
 nerves, but most powerfully on those especially designed for their reception. 
 
 — Rood's Text Book of Color, f, iij. 
 18 
 
denied. The change is so great between the color, for 
 instance, of an ink after only a few days and after six weeks 
 or two months that any competent observer will say that it 
 is not the same color at all. If at the second reading the 
 same glasses are' replaced that matched the color at the 
 previous reading, and the surrounding conditions are dupli- 
 cated and exactly the same portion of line or spot of ink is 
 observed and compared with the color in the opposite tube 
 that at the previous reading was exactly the same color as 
 the ink, and the colors are distinctly different and do 
 not match, then the ink has changed in color. No one 
 can realize how distinct these changes in color actually are 
 without making the observations. 
 
 This method of examination takes the question out of the 
 field of opinion testimony and makes it one which is simply 
 the observation and interpretation of physical facts that are 
 within the view and understanding of any one of average 
 intelligence. The interests of justice are always promoted 
 when means are provided that even in a slight degree assist 
 in discovering and showing the facts in a court of law. 
 
 Rochester, N. Y., December, 1908. 
 
 19 
 
THE GENESEE PRESS 
 
 (liislLslSi) 
 
Photography 
 
 and 
 
 Questioned Documents 
 
A SPECIAL DOCUMENT CAMERA. 
 
Photography 
 
 and 
 
 Questioned Documents 
 
 BY 
 
 ALBERT S. OSBORN 
 
 Specialist in Questioned Documents, 
 
 and 
 
 Document Photographer 
 
 A * document "... is an instrument on 
 which is recorded by means of letters, figures or 
 marks, matter which may be evidentially used. 
 
 F. W. WHARTON, Law of Evidence. 
 
 1907 
 
 ROCHESTER, N. Y. 
 
Copyright 1907 
 By ALBERT S. OSBORN 
 
PREFACE 
 
 In many cases it is of the utmost importance to those 
 who are seeking to discover and prove the facts in an inquiry 
 regarding a disputed document, that suitable photographs be 
 promptly made. This article seeks to show the importance 
 and necessity of having this done, and gives definite directions 
 regarding the making of such photographs. 
 
 A lawyer is usually the first to take up the investigation of 
 a questioned document, and to one with such a case actually in 
 hand, who perhaps is unfamiliar with photographic processes, 
 it is hoped that these pages may be of immediate assistance. 
 
 A part of this article was first printed in the Albany Law 
 Journal, Vol. 63, No. 7. As reprinted here it has been much 
 extended, and illustrations have been added which will 
 increase its value. Some of the methods outlined, it is thought, 
 are entirely new and the detailed directions and information 
 regarding the various photographic processes have not hereto- 
 fore been given in their relation to the important subject of 
 questioned documents. 
 
 Rochester, N. Y. 
 
 March, 1907 
 
UPON principle therefore, as well as from the 
 necessity of the case, proof of handwriting, 
 under proper restrictions, is, as has been seen, 
 everywhere admitted. Moreover, as has been 
 well said, it seems that this kind of evidence like 
 all probable evidence, admits of every degree of 
 certainty, from the lowest presumption to the 
 highest moral certainty. 
 
 American and English Encylopedia of Law, Vol. 15, p. 283 
 
Photography and Questioned Documents 
 
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 U. S. Bureau of Standards Lens Certificate. 
 
 PHOTOGRAPHY is fre- 
 quently of great assistance 
 in establishing the truth in 
 a court of law. In a questioned 
 document inquiry a tangible 
 thing is under examination for 
 the purpose of determining 
 which of two conflicting inter- 
 pretations is the correct one 
 and, if such an investigation is 
 to be thorough and complete, 
 certain instruments and illus- 
 trations are necessary to bring 
 into view and make plain and 
 clear the physical facts which 
 constitute the evidence upon 
 which the final conclusion is 
 based. 
 
 The photographic camera and the microscope most fre- 
 quently render assistance in such cases, and presumptuous 
 error may prevail because of the absence of these instruments. 
 Like all complicated tools, however, they may be useless in the 
 hands of those unfamiliar with their use, but properly em- 
 ployed they enable even the unskilled to see, to interpret, and 
 to understand what otherwise might be effectually hidden. 
 The legal procedure which not simply permits but encourages 
 the clearest exposition of the physical basis of the final con- 
 clusion of a technical witness in such a case, just so far removes 
 such testimony from the mere statement of an opinion and 
 furnishes the facts which judge and jury can then interpret for 
 themselves and thus be able to give full credit to clear and 
 convincing testimony, or correct the errors of the ignorant and 
 discount the exaggerations of the unprincipled. 
 
 Every questioned document should be photographed at 
 the earliest possible stage of such an inquiry. This should be 
 
 -5- 
 
Photography and Questioned Documents 
 
 done primarily that a permanent and accurate record may be 
 made of it and of its condition. Such a record is frequently of 
 great value, especially in case of loss, mutilation, obliteration, or 
 fraudulent changes in the document, or any changes due to 
 natural causes. 
 
 In addition to their use as permanent records, photographs 
 should be made of disputed documents for the additional and 
 more important reason that they are often of great assistance 
 in showing the fraudulent character of such documents, or in 
 definitely establishing their genuineness, and may thus render 
 valuable aid in promoting the ends of iustice. 
 
 Those especially who question the genuineness of a 
 document should insist on the right to have it properly photo- 
 graphed, and if such a request is refused an immediate petition 
 to the proper tribunal for such an order should be made. Nor 
 should the parties who do not have possession of a document 
 be obliged to accept unsuitable photographs made by the 
 opposing parties, but should insist on having the photographing 
 done satisfactorily. Photographs of important documents may 
 be of but slight value for the reason that many portrait photog- 
 raphers who are called upon to do this work do not have 
 appropriate lenses and the necessary special apparatus for 
 making document photographs except of the simplest character. 
 
 A photograph is not intended to take the place of the 
 original document as a basis for a final conclusion, but is to be 
 used to illustrate, test and interpret such original without danger 
 of injuring or entirely destroying it. Even with the utmost care 
 
 'The administration of justice profits by the progress of science, and its 
 history shows it to have been almost the earliest in antagonism to popular 
 delusions and superstitions. The revelations of the microscope are constantly 
 resorted to, in protection of individual and public interests. It is difficult 
 to conceive of any reason why, in a court of justice, a different rule of 
 evidence should exist, in respect to the magnified image, presented in the 
 lens in the photographer's camera, and permanently delineated upon the 
 sensitive paper. Either may be distorted or erroneous through imperfect 
 instruments or manipulation, but that would be apparent or easily proved. 
 If they are relied upon as agencies, for accurate mathematical results in 
 mensuration and astronomy, there is no reason why they should be deemed 
 unreliable in matters of evidence. Wherever what they disclose can aid or 
 elucidate the just determination of legal controversies, there can be no well 
 formed objection to resorting to them. 
 
 Frank vs. Chemical Nat. Bank, 5 Jones & S. (N. Y.) 26. 
 
 — 6 — 
 
Photography and Questioned Documents 
 
 a disputed paper seldom goes through a protracted trial without 
 being worn, soiled, torn and broken and, if the original 
 document itself and it alone is to be handled, tested, measured 
 and examined by court, jury and witnesses day after day, it is 
 almost certain to be so injured and changed that its evidential 
 value is almost if not entirely destroyed. After being carefully 
 photographed while it is clean and new such a paper should in 
 every case be placed and kept between two pieces of glass and 
 a photograph of it can at any time be verified and tested by 
 comparing it with the original. 
 
 Photographs are useful in such investigations in many ways. 
 By this means any number of accurate reproductions of a 
 document can be made, thus affording unlimited opportunity 
 for study, comparison and investigation by any number of 
 examiners which, as stated above, would not be possible by 
 using only the document itself. Photographs also enable the 
 court and jury to understand and weigh the testimony regarding 
 such paper as it is being given, which cannot be done without 
 such assistance. Photography is also especially helpful because 
 by this means the writing in question can be accurately enlarged 
 so that every characteristic can be clearly seen and properly 
 interpreted. Much writing in natural size is too small for 
 critical study and examination and even a slight enlargement is 
 often of great assistance in showing the facts. In some inquiries 
 the facts can be successfully denied if they are not shown by 
 suitable enlarged photographs.' 
 
 Another most important reason for photographing a 
 document is that photographs can be cut apart in any way 
 
 'Enlarged photograph copies proven to have been correctly made, of the 
 
 will and of the signatures of Philinda Terwilliger . . were admitted 
 
 in evidence. These copies were of great assistance and value to counsel in 
 
 their arguments and have materially aided the court in its investigation in 
 
 comparing and examining the different specimens of handwriting exhibited 
 
 in the original document. 
 
 Green vs. Terwilliger , 56 Fed. Rep. 384, August, 1892. 
 
 The defense caused the signature of Governor Armijo to the alleged 
 grant and one existing on one of the documents offered as a standard of 
 comparison, to be photographically enlarged. After proving by the photog- 
 rapher by whom the photographs were made the accuracy of the method 
 pursued and the results obtained by him, the enlarged photographs were 
 tendered and were admitted in evidence over objection. The ruling was 
 correct. U. S. vs Ortis, 176 U. S. Supreme Court, October, 1899. 
 
 — 7 — 
 
Photography and Questioned Documents 
 
 necessary for the purpose and the various parts classified and 
 compared, as cannot be done without some means of making 
 accurate dupHcates of the original paper. The real significance 
 of many writing characteristics cannot be properly appreciated 
 and interpreted until similar or divergent parts to be compared 
 are arranged and classified and brought all together within the 
 angle of vision. Excepting with those specially skilled the eye 
 is unable to carry form or color impressions to any consider- 
 able extent, and but few are able to properly note even the 
 most conspicuous resemblances or differences in objects that 
 cannot be examined at the same time and close together. 
 Objects that are really different apparently differ more and 
 more the closer together they are placed, or, if similar, appear 
 to be more and more alike as they are brought together. In 
 many instances the cumulative force of such grouped writing 
 characteristics, in showing divergence or identity in two sets of 
 
 Photo-Microgrraph of chansred Post Mark. 
 
 writings, is absolutely irresistible. The sensible way to learn 
 whether things are alike or different is to put them close 
 together and see. In comparing disputed writings photographs 
 make this possible. 
 
 There are certain microscopic conditions in connection 
 with certain inquiries that cannot even be clearly seen except 
 under proper magnification. Such facts may be vital, and are 
 
Photography and Questioned Documents 
 
 none the less facts notwithstanding their smallness, and need 
 only to be seen to be appreciated. In jury cases especially it 
 is sometimes difficult if not impossible to adequately prove 
 such conditions because of the difficulty in showing them 
 Here again photog- 
 raphy renders great 
 assistance. Properly 
 made photo-micro- 
 graphs of such parts 
 puts into the hands 
 of court and jury in 
 permanent form the 
 transitory view that 
 can only be seen by 
 one person at a time 
 by the use of the 
 microscope. Such 
 enlarged photo- 
 graphs are often 
 conclusive and 
 unanswerable evi- 
 dence. They cannot 
 be disputed ; they 
 are silent but 
 eloquent witnesses 
 of fact and not of 
 opinion. ^ 
 
 Many conditions 
 equally useful. One 
 
 Photo-Microgrraph showing "100" changred to "900.'' 
 
 may arise under which photography is 
 
 . of these is the necessity to decide 
 
 whether a writing was continuously written throughout under 
 the same conditions, or whether it contains an added fraudulent 
 portion. The photographic lens and sensitized photographic 
 plate will distinguish and make a permanent record of 
 
 'Enlarged copies of a disputed signature or writing, and of those used as 
 comparisons, may be of great aid to a jury in comparing and examining 
 different specimens of one's handwriting. Characteristics of it may be 
 brought out and made clear by the aid of a photograph or magnifying glass 
 which would not be discernible by the naked eye. As well object to the use 
 of an eye-glass by one whose vision is defective. 
 
 RowELL vs. Fuller, S9 Vt. 688. 
 
 — 9- 
 
Photography and Questioned Documents 
 
 difFerences in tint and depth of color that the human eye does 
 not clearly see until they are illustrated in this way. A 
 photograph in such an inquiry may thus be indispensable as a 
 means of pointing the way to the truth. 
 
 Photographs may also be of value in showing delicate 
 discolorations, due to chemical erasures or other fraudulent 
 changes, which otherwise might be overlooked, denied or 
 misinterpreted. Ordinary photographic plates render yellow 
 tints as distinct shades of black and, as many discolorations 
 have a yellow tinge, a photograph will show them with great 
 clearness. This photographic tendency to make black of pale 
 yellow is of great value in photographing old and faded yellow 
 writing or fraudulent writing made to simulate such writing. 
 In such a case the photograph, although reproducing the 
 original with absolute accuracy of form, is much more distinct 
 and legible and gives an opportunity for study and comparison 
 that the original document itself does not supply. In some 
 cases the indistinctness of a forged writing is its strongest 
 defense and as soon as it is clearly photographed, and especially 
 if it is suitably enlarged, it immediately becomes vulnerable 
 from many points. In these cases also photographs are not 
 simply desirable they are necessary if the facts are to be 
 clearly shown. 
 
 Photography is also useful in determining whether erasures 
 by abrasion have been made in a document. If such erasures have 
 
 been made 
 and the paper 
 afterwards rub- 
 bed down and 
 resized, it may 
 be difficult to 
 show the fact. 
 By this process 
 of erasure a 
 portion of the 
 paper itself is 
 removed, 
 rendering the 
 more transpar- 
 
 Transmitted Ligrht photograph, showing: erasure by abrasion. 
 " Mar. 4 " on opposite side of sheet. 
 
 field in which the erasure has been made 
 
 ent, and a photograph of the document by transmitted light, 
 
 — 10 — 
 
Photography and Questioned Documents 
 
 with the Hghting all through the paper itself, may show 
 conclusively that such an erasure has been made. Erasures 
 by abrasion or by an ordinary rubber may sometimes be shown 
 very clearly in a photograph taken with the paper placed 
 obliquely to the plane of the lens and plate and inclined at just 
 the right angle to show differences in the reflected light from 
 different portions of the paper surface. 
 
 Dated Water-marks in Government Envelopes. A transmitted light photograph. 
 
 Transmitted light photography is a valuable aid in the 
 examination of water-marks and also furnishes one method 
 of determining the identity or difference in paper, as it is 
 possible by the use of such photographs suitably enlarged, to 
 show arrangement of paper fiber and markings of wire gauze 
 and dandy-roll impressions in the paper itself and with such 
 distinctness as to render examination and comparison easy that 
 otherwise it would be very difficult if not impossible to make. 
 
 Where the question is one of continuity of stroke or of 
 retouching of the writing, a photograph by transmitted light 
 will show plainly the uneven distribution of ink in interrupted 
 or broken strokes and the presence of the added ink film in 
 retouched strokes. In retouched writing the added ink, which 
 may make a line twice as thick in that place, may not change 
 the color of the writing in the least when viewed by direct 
 light, but will simply change its thickness, which difference will 
 be plainly discernible in a transmitted light photograph as the 
 
 — 11 — 
 
Photography and Questioned Documents 
 
 added ink film will make the line just so much more opaque at 
 that point. 
 
 Photographic illustrations are sometimes very useful m 
 showing the identity or suspicious similarity of a traced forgery 
 and the model signature from which it was made, or significant 
 and unnatural identity in two or more fraudulent signatures 
 
 4.d a-Au^ yJuA 
 
 
 
 
 
 *^rc. ^ ^^ "^ (i^ctuX^^ 
 
 
 1^40-^:%^ ^-pc^^ 
 
 A genuine sigrnature, "No. 51," and two "traced" forgeries. Note identities in size 
 
 proportions, spacing and alignment and many other particulars. 
 
 Matter of the Lydia Cox estate. 
 
 which were traced or reproduced by some process from the 
 same model. As is well known no two genuine signatures are 
 exactly identical in size, proportions, position and length of 
 every stroke, so that one will superimpose or exactly cover 
 the other, and such entire identity between a disputed 
 signature and a genuine model is proof of forgery. 
 
 Several photographic methods may be employed to show 
 this unnatural identity. One method is to photograph the two 
 signatures to be compared with a glass plate, ruled with 
 squares, all of the same size, placed in the same position over 
 both signatures. By this means it is easy to compare every 
 part of every signature with the same parts of the other 
 signature, by simply observing how the parts cut the squares 
 in which they appear. Such an illustration thus makes it 
 possible to make comparisons by inspection without measure- 
 ments or the use of instruments of any kind. 
 
 -12- 
 
Composite photograph of the four disputed signatures appearing at the bottom 
 
 of each of the four pages of the Patrick-Rice six-million-dollar will. 
 
 Same size as original. Same exposure to each signature. 
 
 The same four signatures photograped with superimposed squares, showing 
 extraordinary and significant similarity. See length, "i" dots, and beginning 
 points. These signatures contain many evidences of a lack of genuineness 
 besides the extraordinary similarity. They were declared to be forgeries by the 
 Surrogate of New York County, and by unanimous decision of the Appellate 
 Division and the Court of Appeals of the State of New Yort. 
 
 Composite of two genuine signatures written on same day it is alleged disputed 
 
 signatures were written, showing ordinary and average divergence in 
 
 size, spacing, slant and position. 
 
 — 13- 
 
Photography and Questioned Documents 
 
 Another photographic comparison can be made by 
 photographing the signatures with a superimposed glass scale 
 or measure, by which means all the identical measurements 
 are shown in the photograph. This method may be used in 
 connection with and to supplement the method already 
 described, in which the glass nljite with the squares is used. 
 
 Model and traced forgrery with superimposed glass rule showing: actual 
 
 measurements and points of identity. The last name 
 
 entirely retouched or overwritten. 
 
 A third method of making such comparison is by making 
 a composite photograph of the two signatures to be compared. 
 
 
 '/r-x.^A^ 
 
 
 Composite photog:raph of grenuine sigrnature "1" and disputed sigfnature "10" in the 
 celebrated Sylvia Ann Rowland case. Prof. Pierce, the noted mathematician of Harvard, 
 testified in this case as to the mathematical probability of two sigfnatures by this writer 
 coinciding in every downward stroke. The basis for his calculation was the averagfe 
 coincidence of the grenuine sigfnatures.^ 
 
 This is accomplished by focusing the images of the two 
 signatures on exactly the same place on the camera ground- 
 glass and giving one-half of normal exposure to each signature. 
 
 'The product of the relative frequency into itself expresses how the 
 coincidence of a characteristic line 1 is combined with that of line 2 ; the cube 
 
 — 14 — 
 
Photography and Questioned Documents 
 
 The photograph will show the signatures superimposed, with 
 only such divergencies in minor parts as the process of tracing 
 may have produced. 
 
 Traced forgeries are always fundamentally bad on account 
 of the drawing process by which they are produced, which 
 leaves an irregular, hesitating, broken, and, in most cases, 
 patched and retouched line very different from a genuine 
 signature. These indications of forgery are shown by an 
 enlarged photograph, and the photographs showing suspicious 
 identity, as described above, point to the method by which the 
 fraudulent signature was produced. Two or more spurious 
 signatures produced by some rubber stamp or duplicating 
 process, purporting to be and made to imitate actual writing, if 
 not retouched or overwritten would of course be identical. 
 Such complete identity in two signatures, alleged to have been 
 pen-written, would be conclusive proof that they are not 
 genuine. 
 
 The principle of stereoscopic photography, as applied to the 
 microscopic investigation of questioned documents, has not, as 
 far as known, been employed hitherto, and the methods of 
 illustration described below have not actually been presented 
 in a court of law, but there cannot be valid objection to a 
 method that would certainly tend to promote the ends of 
 justice. 
 
 The principle of the stereograph is that of the two-eyed 
 view or binocular vision, by which means things are seen 
 
 of the relative frequency of coincidence shows how often there will be the 
 simultaneous combination of the coincidences of the three first lines, and so 
 on. Finally, the relative frequency must be multiplied into itself as many 
 times as there are characteristic lines to express how often there can be a 
 complete coincidence in position of all the lines of the signature. 
 
 In the case of Sylvia Ann Rowland, therefore, this phenomenon could 
 occur only once in the number of times expressed by the thirtieth power of 
 five. 
 
 This number far transcends human experience. So vast an improbability 
 is practically an impossibility. Such evanescent shadows of probability 
 cannot belong to actual life. They are unimaginably less than those least 
 things which the law cares not for.— Prof. Benjamin Pierck, in case of 
 Robinson vs. Mandell, [Sylvia Ann Ho7vla?id Case). 
 
 [The printed report of this case gives the probability as once in 
 2,666,000,000,000,000,000,000 times, but there is evidently some error in the 
 report as the thirtieth power of five is even more than this vast sum.] 
 
 — 15 — 
 
Photography and Questioned Documents 
 
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Photography and Questioned Documents 
 
 exactly as they are. Depth, or the third dimension in a stereo- 
 photograph, is shown by taking two views of the same object 
 or scene from a sHghtly diflferent point of view, just as the two 
 eyes see, and then by looking at these two views at once, as 
 coalesced in the stereoscope, there is carried to the brain the 
 same sense of depth and distance as is conveyed when the two 
 eyes see the actual scene. 
 
 The stereographic photo-micrograph shows conditions in 
 connection with certain questioned document cases with start- 
 ling distinctness. In any inquiry where it is desirable to show 
 depth or solidity, such a photograph is of very great value. 
 Such questions arise regarding the sequence of crossed lines, 
 or which was last written, and also as to whether a writing 
 across a fold preceded or followed the folding of the paper, 
 which is sometimes a question of vital importance. Certain 
 questions regarding paper fiber and relation of ink thereto, also 
 changed conditions in paper surface due to erasures and 
 changes, may be effectively illustrated in this manner; also the 
 question whether typewriting was done on a certain machine, 
 the letters of which show certain bruises and imperfections. 
 Seals and impressed designs of any kind can by this same 
 method of illustration be shown very clearly. These are all 
 microscopic questions and in the absence of the necessary 
 instruments or of appropriate illustrations, it may be impossible 
 to show the existing facts. 
 
 To be of any value for these purposes, stereoscopic 
 photographs must be made in greatly enlarged form and the 
 ordinary stereoscopic camera cannot be used. The special 
 apparatus necessary carries only a single lens, with which two 
 views from a slightly different point are made of the same 
 object, by which means the same result is obtained as in 
 simultaneous views with the two lenses of the regular 
 steroscopic camera. Two lenses cannot be used for this 
 work, as it would be impossible to bring the lenses close enough 
 together under the required magnification. The degree of 
 enlargement desirable naturally depends upon the conditions, 
 but ranges from twenty-five to seventy-five diameters for 
 practical work. It cannot be understood without actual trial 
 with what realism certain delicate microscopic conditions can 
 thus be shown. 
 
 — 18 — 
 
Photography and Questioned Documents 
 
 Several highest courts of appeal have answered affirma- 
 tively the question whether stereoscopic photographs, and the 
 stereoscope to view them, may be used in court. These 
 decisions relate to ordinary stereoscopic photographs, but the 
 principle is the same as in the new application of the steroscopic 
 idea just described/ 
 
 Objections to the use of all classes of photographs in a 
 court of law are based upon the theory that they may be 
 distorted and not true representations of the original and it is 
 also often claimed that the original affords the best means for 
 study and comparison and, therefore, that no reproduction of it 
 is necessary. 
 
 Photographs may be distorted and may be dishonest and if 
 they cannot be properly proved or verified by comparison with 
 the original they should be excluded. If there is any doubt 
 about the accuracy of photographs they can be made by both 
 parties and the question of their accuracy determined, and in 
 questioned document cases they can easily be verified by 
 comparison with the original which is at hand. On account of 
 the latter fact, there is not the legitimate objection to photo- 
 graphs of a questioned writing that may arise over photographs 
 of a different nature that cannot be compared and verified by 
 judge and jury and opposing counsel. 
 
 1" The next contention of the appellant is that the court erred in admit- 
 ting in evidence a stereoscopic view of the south side of the bridge and the 
 embankment ; also one of State St. west of the bridge showing the surface 
 of the roadway or street and west end of the bridge. The court also 
 allowed in evidence a stereoscope to aid the jury in the examination of the 
 views. 
 
 A. C. Burnham testified that he was a photographer and had been for 
 ten years ; and after examining the views through the stereoscope testified 
 that the "effect is very material, and if the view is properly taken, looking 
 through the glass at the picture, the effect is that of nature viewed with two 
 
 eyes . ' ' 
 
 There was no error in this action of the Court. It is a common practice 
 to admit a plan or picture shown to be a correct representation by prelimi- 
 nary proof to aid the jury in a proper understanding of the case, and we do 
 not see any difference in the application of the rule whether the picture is 
 made by hand or by the art of photograpy, the real question being whether 
 the view be a correct representation."— 9 111. 229. 
 
 — 19 — 
 
Photography and Questioned Documents 
 
 The best modern lenses will make photographic repro- 
 ductions with the utmost accuracy, rendering straight lines as 
 such and with the field all in focus at one time. By this means 
 involuntary distor- 
 tion is entirely 
 eliminated and an 
 objection to photo- 
 graphs is removed 
 that might have 
 been valid in the 
 early days of the 
 art. Lenses are 
 now made so accu- 
 rately that they are 
 certified by the gov- 
 ernment Bureau 
 of Standards as 
 "making reproduc- 
 tions without dis- 
 tortion." There 
 
 are as good reasons for objecting to the use of an ordinary 
 magnifying glass or a microscope as to an enlarged photograph, 
 as such photographic reproduction is simply the microscopic 
 view in permanent form. 
 
 The answer to the objection that the original alone aflfords 
 the best means for study and comparison and therefore no 
 photographs are necessary, is that this is not true. Photo- 
 graphs are absolutely necessary in very many cases if the facts 
 are to be adequately shown and their exclusion is an injury to 
 the cause of the party in the right. ^ 
 
 The real objection to photographs in most cases is that 
 they will do just what it is intended they should do, that is, 
 assist in showing the facts. Some old legal opinions recite a 
 
 A Three-Color Lens, bringiuer red, yellow and blue to sharp 
 focus at same distance from object. 
 
 'It would seem that the photographic enlargement of both or all o£ the 
 signatures to be compared would materially aid the work of comparison and 
 that it would not be inconsistent for a court to admit such magnified copies, 
 even while it rejected copies which were of the same size as the originals. 
 
 Photographic copies which are of the same size as the originals are 
 secondary evidence in a sense in which magnified copies are not. So much 
 aid is to be derived from enlarged copies that if they are to be rejected it 
 
 — 20 — 
 
Photography and Questioned Documents 
 
 long array of conditions that may make photographs dangerous 
 m courts of law, but not one of the objections is well taken 
 when applied to properly proved document photographs. 
 Ihey can be made correcdy and it can be shown that they are 
 made correctly and that disposes of all objections. Photo- 
 graphs are now rarely excluded. 
 
 The making of document photographs, especially if 
 enlargments are required, is a somewhat unusual task for the 
 average photographer. Even if he has the necessary apparatus 
 
 Transmitted Light Photograph showing original check punch characters $24| filled up 
 
 and S2,400J punched over. 
 
 he is but seldom called upon to do such work, and some 
 technical directions may be of assistance and will suggest some 
 further uses for photographs in such inquiries. 
 
 For document photographs any regular photographic plate 
 may be used, but the best results can usually be obtained by 
 using a comparatively slow plate. Exposure should be ample 
 and development carried to the point where detail is brought 
 out in the writing line or stroke itself. Negatives should not 
 be retouched in any manner whatever, but may be intensified 
 or reduced if necessary. 
 
 must be because the magnifying glass is an efficient substitute for them. It 
 seems doubtful if that is the fact. 
 
 The mere momentary enlargement of the signatures one by one by each 
 juror for himself with the aid of a magnifying glass, giving different effects 
 according to the place where he holds the glass, must be regarded as a poor 
 substitute for the permanent enlargement of all the signatures alike by 
 magnified copies which are the same to all the jurors and do not vary on 
 different examinations. 
 
 Editorial Comment by B. A. R. in Lawyers' Reports Annotated, 35 : 813. 
 
 — 21 — 
 
Photography and Questioned Documents 
 
 Prints should be made as carefully as the negatives. They 
 should not be printed so dark that detail in the line or pen 
 stroke is lost and care should be taken that in printing the 
 paper is in actual contact with the entire surface of the negative. 
 There are many kinds of photographic papers that may be used 
 for such photographs. If the utmost detail is desired the 
 glossy printing-out paper is probably best, but for most purposes 
 the excellent modern developing papers are entirely suitable. 
 Papers with rough surface should not be used. 
 
 For court use photographs mounted simply on photographic 
 backing paper are preferable in many ways. They lie flat, 
 they take up but little room, they are convenient to handle and 
 they do not warp or buckle. Large prints may be hinged in 
 the middle or if quite long may be hinged in two places with 
 binding tape. Even if prints are to be pasted in an exhibit 
 book they should first be mounted on backing paper so that 
 they will lie perfectly flat 
 
 The various parts of a document are reproduced in exact 
 natural size, or enlarged or reduced in exact proportions, when 
 the object, the lens and the photographic plate are in parallel 
 planes. The position of the lens is mechanically provided for 
 in the camera, and the plate and object should be at right angles 
 to the axis of the lens and in exact vertical position. The 
 photographer should be able to testify that these conditions 
 existed when the photographs were taken. In a regular 
 document camera these conditions are all secured by 
 mechanical means, but if such an instrument is not available, 
 the required conditions can be secured by giving careful 
 attention to these particulars. When it is desirable to make an 
 enlargement of several diameters it becomes quite difficult to 
 enlarge to a definite scale and at the same time get the object 
 in sharp focus unless the object-board is connected with the 
 camera itself. Such an enlargement can be made, however, 
 without a special camera if sufficient care is exercised. 
 
 Questioned document photographs that fully serve their 
 purpose are not the same in every case but must be made in 
 such a way as best illustrates the fact in dispute. Varying 
 conditions call for photographs in great variety and careful 
 thought should be given to the matter, and experimental 
 photographs should be taken until the fact in dispute is 
 
 — 22 — 
 
Photography and Questioned Documents 
 
 illustrated in the clearest and most effective manner. Only 
 those photographs most frequendy of use are here described 
 and brief suggestions are made regarding their preparation. 
 
 For reasons already given a document in quesdon should 
 usually be photographed complete in natural size. As stated 
 above, quesrions may arise in the course of such an inquiry that 
 will render such a photograph very useful. In making a 
 comparison of classified parts this first photograph, of the same 
 size as the original, may be used to be cut apart as is desirable, 
 but, as a rule, photographs to be used for purposes of comparison 
 should be enlarged if only in a slight degree. An enlargement 
 of only from tvi^enty-five to fifty per cent, in length, or one and 
 one-fourth to one and one-half diameters,^ will show character- 
 
 
 New York, ^^.i?-i„....:.. 
 
 ?I_FTH AVFNFTTF, ' R A M K" '^'*';vo»:*: 
 
 Check Stub and part of Forged Check, showingr, by the torn perforated line, the 
 
 unmistakable connection between the Forged Check and this Stub Book. 
 
 The Stub Book was found on person of accused. 
 
 'In photography, as in microscopy, it should be remembered that two 
 diameters indicates two times the length of the original. As enlargement is 
 in both directions a two-diameter enlargement indicates four times the area 
 of the original and a ten-diameter enlargement would equal one hundred 
 times the area. 
 
 — 23 — 
 
Photography and Questioned Documents 
 
 istics much more distinctly than 
 the originaL After such clas- 
 sified illustrative exhibits are 
 made up, they can then be 
 enlarged two to four diameters, 
 depending upon the size or 
 delicacy of the characteristics 
 illustrated. Such final photo- 
 graphs are sometimes offered 
 and used in the trial of a case 
 simply as illustrations of the 
 testimony given and are em- 
 ployed in the same capacity as a 
 blackboard or chart would be 
 used. They are illustrations, 
 however, from which the 
 personal equation has been elim- 
 inated and are simply testimony 
 of an ocular nature. 
 
 The fraudulent character of 
 a signature is sometimes effec- 
 tively shown by simply making 
 an enlargement of it of from two 
 to five diameters. Such a photo- 
 graph, when compared with 
 genuine signatures similarly 
 enlarged, is sometimes almost 
 conclusive proof of forgery. If 
 a signature is unnaturally and 
 slowly drawn, or is patched and 
 retouched or shows hesitation 
 and stops at unusual places, as is 
 often the case, such enlarged 
 photograph is of very great value 
 in showing these facts. In a 
 critical examination of ques- 
 tioned typewriting it may be 
 impossible to show clearly actual similarities or differences in 
 letter designs or sizes, unless the separate specimens for 
 comparison are placed close together in enlarged form, but, 
 
 — 24 — 
 
 ^r-ifi* i^ ^mr\e 
 
 ^ <* 1 1> « v^«>y> 
 
 1 .'* 
 
 Crossed Lines in Raised Note Case, show- 
 ing" that upper line "Twenty" was written 
 last. NigTOsin ink. origrinal lines, 1-100 inch 
 wide. Case of People v. Walker. 
 
Photography and Questioned Documents 
 
 when this side by side comparison can be made, many 
 significant differing or identical characteristics are immediately 
 apparent. 
 
 Enlargements should be made directly on the plate from 
 the object itself. This can be done by the use of lenses of 
 proper focal length and the use of a camera with adequate 
 extension of bellows. Direct enlargements, properly made, 
 
 Enlarjfcd Photograph o£ impressed seal on white paper, taken by side light. 
 Case of Hunt v. Peshtigo Lumber Co. 
 
 show the minutest characteristics of the original. An enlarge- 
 ment on bromide paper from a small negative, although 
 sometimes useful, is not as desirable as a direct enlargement on 
 the photographic plate. 
 
 Enlargements above ten diameters are necessary only 
 when what is to be shown is of a somewhat microscopic 
 
 — 25- 
 
Photography and Questioned Documents 
 
 !■ 
 
 m 
 
 1 .,.■ 
 
 71' 
 
 :') "j 
 
 4- 
 
 I 
 a m 
 
 If 
 
 ^ ^ 
 
 
 '"\ if. \ L- 
 
 1 
 
 Special Object-Board for Document Camera. Actuated 
 
 by rack and pinion and having vertical, horizontal 
 
 and oscillating: movements. 
 
 character and such photographic reproductions of the higher mag- 
 nifications are described as photo-micrographs. They are often 
 
 very effective illus- 
 trations. In crossed 
 line inquiries 
 and questions re- 
 garding retouching, 
 line quality, writing 
 over folds in paper 
 and certain classes 
 of erasures and 
 changes, such pho- 
 tographs are essen- 
 tial if the facts are 
 to be properly 
 shown. 
 
 Ordinary pho- 
 tographic apparatus 
 will not permit di- 
 rect enlargements 
 on the plate of more than three or four diameters, and for 
 photo-micrographic 
 work comparative- 
 ly shortfocus lenses 
 are required unless 
 a very long bellows 
 is available. Photo- 
 microscopic lenses, 
 for use with an or- 
 dinary copying 
 camera, are made 
 of as short a focus 
 as three-fourths of 
 an inch, permitting 
 enlargements to be 
 made up to more 
 than fifty diameters 
 with a compara- 
 tively short bellows extension. In making such photographs, 
 it is almost imperative that the object-board be connected with 
 
 — 26 — 
 
 Special-Object Carrier for Transmitted Light Photography. 
 
Photography and Questioned Documents 
 
 Special Tilting: Camera Stand in position 
 for transmitted ligrht photographs. 
 
 the camera itself, and that the 
 plate, the lens and the object- 
 board be actuated by rack and 
 pinion if enlargements are to be 
 made to a definite scale. With 
 such an instrument, photographs 
 of this character can be made 
 almost as easily as ordinary 
 enlarged photographs. Such an 
 enlargement directly on the 
 plate makes it possible to pro- 
 duce as many exact duplicate 
 prints as may be desired, and if 
 necessary the plate itself can be 
 produced in court for verifica- 
 tion. In making an enlargement, 
 above ten diameters, the object 
 
 must be illuminated by direct sunlight or intense artificial light 
 
 in order that the enlarged image on the ground-glass may be 
 
 accurately focused. Care should 
 
 be taken that there are no shad- ^ 
 
 ows and no reflections, and the 
 
 object should be illuminated in 
 
 such a manner as will best show 
 
 the fact to be illustrated. A 
 
 tilting camera stand is very useful 
 
 in this work, as it is in making 
 
 the various kinds of photographic 
 
 enlargements herein described. 
 An easy method of determin- 
 ing the degree of enlargement, 
 
 and also of making a permanent 
 
 record of it, is to provide an 
 
 accurately divided scale, printed 
 
 on thin paper, which is placed on 
 
 the object-board close to or upon 
 
 the document, and is focused on 
 
 the ground - glass and photo- 
 graphed with it. By the use of an ordinary measure, the 
 
 degree of enlargement desired can be determined by measuring 
 
 — 27- 
 
 Speeial Tilting: Camera Stand in position 
 for side window lig:hting:. 
 
Photography and Questioned Documents 
 
 the image on the ground-glass and the image becomes a part of 
 the negative and can appear, if it is desired, at one side of 
 every print. 
 
 As a means of determining accurately, whether the utmost 
 detail of the original is reproduced in the photograph, a gray 
 scale may be provided to be photographed on one side of the 
 plate. Such a scale consists of narrow, graduated shades of 
 gray, numbered from one to five, the lightest shade being so 
 delicate as to be almost pure white. If the photograph shows 
 the numbered shades of the scale then it is certain that all the 
 detail of the object photographed is faithfully reproduced. The 
 gray scale is not essential in photographing ordinary objects. 
 
 In signature inquiries it is usually desirable to photograph 
 the original and the standards together, in order of date, on one 
 plate. This can be done unless the original documents are too 
 thick and bulky. The dates, amounts and a brief description 
 of the several papers can be written in condensed form on a 
 separate piece of paper, at places just opposite the several 
 signatures, and this can be photographed and will appear on 
 the prints as a description of the several signatures. 
 
 In making a photograph of an unevenness like a pencil 
 indentation 
 without color, 
 or a seal im- 
 pression on 
 white paper, 
 or any similar 
 object, the 
 light must be 
 arranged so 
 that the light- 
 ing and the 
 shadow shows 
 the outline of 
 
 the object. The space between the lens and the object should 
 be partly covered, and light should be admitted mainly or 
 entirely from one side, and should fall on the object at just the 
 proper angle, by which means a perfect outline can be obtained. 
 It is not advisable in photographing pencil writing to enlarge it 
 more than from one and one-half to about four diameters, 
 
 — 28 — 
 
 Post Mark and Embossed Impression, without color, on 
 enclosed letter, photographed by side light. 
 
Photography and Questioned Documents 
 
 because under 
 great magnification 
 the line becomes 
 so thin as to be 
 illegible unless 
 the photograph is 
 overprinted, which 
 produces a line 
 result differing 
 from the original. 
 To show lack 
 of continuity, or an 
 unnatural order of 
 
 writing several colored screens and Ray Filters. 
 
 negatives should be made of the matter in question of different 
 lengths of exposure by both direct and transmitted light. If 
 three negatives are made the first should be given one-half, 
 the second normal exposure and the third about twice normal 
 exposure. Prints of varying degrees of exposure from all 
 three negatives should be made, some of which will be likely 
 to show any unnatural order or lack of continuity in the 
 writing. This same fact may sometimes be more clearly 
 shown by a series of prints of varying depths from a carefully 
 timed negative. Several prints should be made under different 
 lengths of exposure from one-fourth of normal up to full 
 exposure. It is desirable to make several exposures in both 
 processes, as the distinction may be very slight between the 
 parts to be compared, and it is necessary to secure just the 
 right density or depth of printing to show the contrast. 
 
 These methods may show differences, even in pencil 
 writing, that are not seen by direct view. The transmitted 
 light photographs and prints made of varying depths of printing, 
 measure and compare the character and density of pencil 
 strokes, which can hardly be effectively compared in any other 
 manner. 
 
 In photographing certain tints and colors, appropriate 
 colored screens are necessary if the best results are to be 
 obtained. In order to produce contrast and make a color 
 show distincdy against a white background, it is necessary to 
 reduce the actinic quality of the color or its chemical effect on 
 
 -29 — 
 
Photography and Questioned Documents 
 
 the sensitive plate. This is accompHshed by using a colored 
 screen or ray filter, which is complementary to the color 
 photographed. For example, blue should be photographed 
 with an orange screen. By the use of appropriate filters it is 
 also possible to show very clearly distinctions in ink colors that 
 cannot be seen by unaided vision. Two apparently black inks, 
 one of which however has a purple hue under magnification, if 
 photographed with a purple screen, are shown to be distinctly 
 different. For this purpose it is simply necessary to use a 
 screen of exactly the same color or tint found in one of the inks 
 to be compared, but not in the other. 
 
 -30- 
 
APPENDICES 
 
3.-2 
 
 W P 2 
 
Principles of Handwriting Comparison 
 
 The principles which underHe all proof by comparison of 
 handwritings are very simple, and, when distinctly enunciated, 
 appear to be self-evident. To prove that two documents were 
 written by the same hand, coincidences must be shown to 
 exist in them which cannot be accidental. To prove that two 
 documents were written by different hands, discrepancies must 
 be pointed out in them which cannot be accounted for by 
 accident or by disguise. These principles are easy to under- 
 stand, but to exemplify them in observation is by no means 
 always easy. It is not their merely having bodily eyes which 
 enables any one to see in two documents either discrepancies 
 or coincidences. In the words of Epicharmus, which are the 
 motto of this work, " Mind sees, and Mind hears ; all things 
 else are deaf and blind." .... It is idle for an unpractised 
 volunteer to look at two documents, and to suppose that he sees 
 what is in them. He does not know what to observe. He 
 may fancy that two handwritings are similar, when their 
 essential differences are numerous; or he may pronounce them 
 
 to be wholly unlike, when, radically, they are identical 
 
 Finally it is to be remembered that the evidence of the 
 identity of Junius and Francis as handwriters is cumulative; 
 that is to say, the force of the evidence depends not on any one 
 single coincidence, but on numerous coincidences varying 
 materially in their individual strength, which, when viewed in 
 connection, lead irresistibly to one inference alone, though each 
 by itself may be inconclusive. A common fallacy in dealing 
 with such evidence is to take each coincidence separately, and 
 to show that a similar coincidence exists in some other writer. 
 This would be a perfectly legitimate mode of reasoning, if any 
 one coincidence so dealt with were adduced as in itself 
 conclusive ; but it fails to meet the requirements of the case, 
 when the argument is based on the combination of many such 
 coincidences collectively, and not on the separate existence of 
 any one of them. 
 
 — Honorable Edward Twistleton, in Handwriting o£ Junius, 
 pp. LXXV, LXXVII. 
 
 — 35- 
 
— II — 
 
 Handwriting Testimony Susceptible of 
 Demonstration 
 
 Handwriting is an art concerning which correctness of 
 opinion is susceptible of demonstration and I am fully 
 convinced that the value of the opinion of every handwriting 
 expert as evidence must depend upon the clearness with 
 which the expert demonstrates its correctness. That demon- 
 stration will naturally consist in the indication of similar 
 characteristics or lack of similar characteristics, between the 
 disputed writing and the standards, and the value of the expert's 
 conclusion will largely depend upon the number of those 
 characteristics which appear or are wanting. The appearance 
 or lack of one characteristic may be accounted to coincidence 
 or accident, but, as the number increases, the probability of 
 coincidence or accident will disappear, until conviction will 
 become irresistible. Thus comparison is rated after the 
 fashion of circumstantial evidence, depending for strength 
 upon the number and prominence of the links in the chain. 
 Without such demonstration the opinion of an expert in 
 handwriting is of a low order of testimony, for, as the 
 correctness of his opinion is susceptible of ocular demon- 
 stration, and it is a matter of common observation that an 
 expert's conclusion is apt to be influenced by his employer's 
 interest, the absence of demonstration must be attributed 
 either to deficiency in the expert or lack of merit in his 
 conclusion. It follows that the expert who can most clearly 
 point out will be most highly regarded and most successful. 
 
 —Gordon's Case, 50 N. J. Eq. 397, 26 Atl. 268. Feb. 21, 1893. 
 
 -36 — 
 
— Ill — 
 
 Finger Prints 
 
 Photography is quite essential as an aid in identifying 
 finger prints. On the following pages is illustrated a new 
 method of making such comparison. This is accomplished by 
 photographing the imprints to be compared with a superim- 
 posed glass plate ruled with uniform squares. By making a 
 suitable enlargement and then numbering and lettering the 
 squares, as is shown in the illustrations, it becomes possible to 
 compare the characteristics as they appear in any similar 
 squares, and it is also possible to describe definitely the square 
 to which reference is made. Thus attention can be directed to 
 square " 7-D," or any other square on the photographs of 
 different prints, to discover whether or not the impressions 
 were by the same hand. 
 
 One of the illustrations shows black on white, the other 
 white on black. It will be observed that the impressions are 
 not quite identical in size, but after a little study it cannot be 
 doubted that the two impressions must have been made by the 
 same hand. Not only this, but it is clear that no two human 
 hands in all the world can be just alike in all these complex 
 particulars. 
 
 -37- 
 
— IV — 
 
 Not the Amount but the Weight of Testimony 
 to be Considered 
 
 It is urged that we will find as many experts testifying 
 upon one side as upon the other. That may be true, and it is 
 also true that we will find as many lay witnesses upon each 
 side in litigated cases, giving different versions concerning a 
 fact or circumstance. But this does not signify that the 
 evidence of those witnesses must be disregarded because they 
 disagree. Nor is it important specially which side has the 
 greater number of expert or lay witnesses sworn in his behalf. 
 It is the nature or character of the testimony given by the 
 witness which is important. In the case of expert witnesses, 
 their opinions are valuable only in so far as they point out 
 satisfactory reasons for the ultimate conclusion of the witness. 
 If the witness simply testifies that he believes the signature 
 genuine or not genuine, as the case may be, and gives no 
 reasons for reaching his conclusion, his opinion is valueless 
 and the court will not consider it. If he gives reasons for his 
 opinion, then it is the duty of the court to examine into and 
 analyze those reasons and determine the correctness or incor- 
 rectness of the opinion and not simply consider the conclusion 
 of the witness alone. 
 
 — Matter of Burtis. 43 Miscellaneous Reports. 
 
 -40- 
 
— V — 
 
 Nature, Custom and Habit Individualizes 
 Handwriting 
 
 Experts, in determining the genuineness of handwriting, 
 or its falsity, seldom confine themselves solely to the 
 appearence of the similitude or dissimilitude of the individual 
 letters. An analysis of the signature as a whole .is, or should 
 be, always made. Experiments, observation and experience 
 have disclosed the fact that there are certain general principles 
 which can often be satisfactorily relied upon in determining 
 the genuineness of handwriting. In nearly every person's 
 manner and style of writing there is a prevailing and distinct 
 character, which is more or less independent of the writer's 
 will, and unconsciously forces the writer to stamp the writing 
 as his own. By nature, custom and habit, individuals as a 
 general rule, acquire a system of forming letters which gives 
 to their writing a fixed character, as distinct as the features of 
 the human face, which distinguishes their own handwriting 
 from the handwriting of every other person. 
 
 —Green v. Terwilliger, 56 Fed. 407. Justice Thomas P. Hawley. 
 
 — VI — 
 
 The Molineux Case 
 
 No recorded case afforded better opportunty for hand- 
 writing comparison than this celebrated case, and it also 
 illustrates the great value of photography in conducting such an 
 inquiry. The two following pages show only a few of the 
 hundreds of comparisons made between the disputed and 
 admitted writings. Such exhibits need no testimony; they 
 speak for themselves. At the second trial all photographic 
 comparisons were excluded, a procedure almost if not quite 
 unprecedented in such a case. 
 
 — 41 — 
 
Conceded ___^sputed Conceded ^Disputed, 
 
 It was not disputed that all questioned writing's in the case were by the same hand, and testimony to 
 this effect was given by the defence as well as the prosecution. These grouped photogfraphic comparisons 
 were excluded from the jury at the second trial. 
 
 — 42 — 
 
IConceded Disputed i Conceded Disputed 
 
 " Comparison of Hands " in the celebrated Molineux Case, made possible by Photography. A few out 
 of the hundreds o£ possible comparisons in the case. Numbered exhibits conceded, lettered exhibits 
 
 disputed. 
 
 ■43 — 
 
THE RELATION 
 OF LIGHT TO 
 THE PROOF OF 
 DOCUMENTS. 
 
 By 
 ALBERT S. OSBORN 
 
 lV 
 
 t..v ' 
 
THE RELATION OE LIGHT TO THE PROOF OF 
 DOCUMENTS.* 
 
 By Albert S. Osborn, Examiner of Disputed Handwriting and 
 Documents, New York; author of "Questioned Documents." 
 
 I CAN think of no association that bears a name which afEords 
 such a temptation to the manufacture of figures of speech as an 
 Illuminating Engineering Society. The name at once suggests the 
 dark places that need your assistance. Every department of 
 human activity does indeed need illuminating engineers and what 
 we all want everywhere and all the time is more light. 
 
 Light is an important factor in the proof of documents and 
 light engineers can promote justice by making it easier to prove 
 the facts regarding disputed documents. Anything relating to 
 the subject of illumination that affects the quality of human 
 vision is of vital importance in all forgery investigations. Justice 
 has been defeated many times because court-rooms like cathedrals 
 have been lighted with a dim. light somewhat in harmony with 
 some of the hampering old legal precedents. Partly because 
 of poor illumination, judges and jurors in many instances have 
 not been able to see properly, where the ease depended chiefly 
 upon visible evidence. This partial blindness in the past has 
 been due in some degree to an ancient legal procedure that threw 
 a twilight gloom around legal investigations, weaving such a 
 network of restrictions about them as made it difficult to prove 
 a physical fact. Strange to say, objections are still made to the 
 use of the microscope, to photographs, and aids of every kind, 
 and these objections, even in these days, are now and then sus- 
 tained. All these old restrictions have been inteneified by poor 
 lighting and improper physical surroundings as well as by indi- 
 vidual but unconscious deficiencies in seeing ability, for there is 
 in fact a form blindness akin to color blindness. 
 
 When the necessity arises for proving a somewhat obscure 
 physical fact by visible evidence this whole question of human 
 vision with its defects and limitations becomes a question of 
 vital interest. In the first place, it is important to realize that 
 seeing ability is not by any means the same with all observers. 
 It is an encouragement to improve our sense of sight to realize 
 that only part of our skill comes by nature and that much comes 
 from study and experience. 
 
 * A paper read at the eighth annual convention of the lUuralnatlng En- 
 gineering Society, dleveland. 0., September 21-24, 1914. Keprinted in Law 
 Notes, November, 1914; Keprinted in Scientific American Supplement, 
 October 17, 1914. 
 
It IS also helpful to consider just how it is that we actually see 
 what we think we see. We all know that when we hear sounds 
 we perform a menfal operation and from these sounds infer 
 certain things. Prom arbitrary combinations of sounds, for 
 instance, we get au English word which conNeys an idea, or 
 from another combination a German word, and from still another 
 combination we infer that a man is walking or a horse is run- 
 ning. When we see things, however, we are inclined to assume 
 that we are receiving directly in the brain positive information 
 mstead of certain sensations which we must mentally interpret 
 juist as we have interpreted the sounds. 
 
 In much greater degree, therefore, than we are inclined to 
 admit it is no doubt true that we really see but little more than 
 we are able to compare with some experience or standard that 
 we already have in the brain. The savage does not really see 
 a steam engine, or a watch, or a city, and in some degree we 
 are all in the savage class. The thoroughness of this mental 
 comparison and the final accuracy of sight depend upon two 
 things, the force and clearness of the sensation that reaches the 
 brain and the experience which the brain already possesses. The 
 necessity for seeing clearly, therefore, is that we may interpret 
 accurately. 
 
 This whole question of human vision and the aids that perfect 
 and intensify it is naturally closely related to the question of 
 discovering forgery and the numerous other physical conditions 
 that may point to fraud of various kinds in connection with dis- 
 puted documents, and is of special importance in connection 
 with the showing and proving of these facts in a court of law, 
 often against prejudice and usually with untrained men who 
 must be made to see and understand. It is therefore essential 
 that sense impressions of all kinds be clarified and intensified in 
 every way possible, and the arrangement, distribution, and man- 
 agement of light has a most important bearing on the subject. 
 
 Under the old legal practice, now happily but all too slowly 
 passing away, expert testimony regarding forgery and docu- 
 ments, involving as it does many technical interpretations of 
 visible evidence, was mainly the giving of bare oral opinions on 
 a contested question in courts of law. This practice, much crit- 
 icized and discredited, still continues in certain cases relating to 
 insanity and some other subjects that the ordinary man, no mat- 
 ter how assisted, is unable to pass upon intelligently. A new 
 practice, however, has developed in most jurisdictions in con- 
 nection with proof of physical facts relating to documents, by 
 which referee, judge, and jury are actually shown the basis for 
 •whatever opinion is given, so that with the assistance of reason- 
 giving testimony, now admitted in almost all courts find with 
 
the aid of instruments and enlarged, properly grouped plioto- 
 grapliie illustrations, they can finally reach their own conclusions 
 regarding the disputed fact. Testimony is not simply oral, as in 
 the past, but visible as well. 
 
 With the new and enlightened procedure and a court-room 
 where seemg and hearing are possible, numerous surprising ver- 
 dicts in cases of this class have been rendered. Three recent 
 New York cases are conspicuous examples. In the first, four 
 alleged eye-witnesses, two of them of irreproachable character, 
 testified to the execution of a will, and a jury decided it was not 
 genuine; in the second, six witnesses testified that they saw a 
 certain contract signed, and a jury decided the document was a 
 forgery; and in the third, a jury convicted a distinguished mem- 
 ber of the bar of forgery of only two short words in typewriting 
 that, by comparison, were shown to be written on his own type- 
 writer. 
 
 It will readily appear that this change of practice regarding 
 visible evidence makes necessary such an illumination of court- 
 rooms or trial chambers as makes it possible to see with the 
 utmost distinctness. To the end, therefore, that visible evidence 
 in cases of this class, and in all kinds of cases, may be presented 
 with the utmost clearness and force it is highly important that 
 an illuminating engineer be consulted in regard to the arrange- 
 ment and lighting of every court-room. 
 
 Another reason why court-rooms should be properly arranged 
 and lighted is to enable judge and jury to see witnesses with the 
 utmost distinctness as testimony is being given, as well as to hear 
 them. That this result may be attained it is necessary that wit- 
 ness-box, jury-box, and judge's bench be arranged in proper 
 relations to each other and near together. Forturiately, there is 
 in all of us a kind of instinct, enforced by conscious and un- 
 conscious training, by which we judge whether or not those who 
 speak to us are telling the truth. This important faculty is de- 
 pendent upon both the senses of sight and hearing. We recog- 
 nize at once an insincere tone; even dogs and children judge 
 us in an occult and unknown manner. By the use of the eye as 
 well as the ear, we unconsciously interpret all messages that 
 come to us as exaggerated, true or false. That ancient require- 
 ment of the law that "the accused must be confronted by the 
 witnesses against him" was no doubt in some measure based 
 upon this important faculty by which truth is separated from 
 falsehood. A witness should be placed close to and nearly, if 
 not quite, facing the jury or the judge who is to decide upon the 
 truth or falsity of his testimony, and the room should be so 
 lighted that his attitude, appearance, and every changing ex- 
 pression is distinctly seen. Few of us have ever analyzed the 
 
 4 
 
evidences of sincerity and of untruthfulness as shown by hearing 
 and sight, but we can unders'.and how, at least to some extent, 
 it can be done. 
 
 A visit to many a court-room is sufficient to show how such a 
 room should not be arranged and should not be lighted. Artis- 
 tic and architectural considerations, in many eases, would seem 
 to be the only ones that had been consulted in the* arrangement. 
 In many a city of our land, of all places, the court-room is the 
 one place where it is most difficult to hear and the most difficult 
 to see, and the administration of the law could be greatly aided 
 by the lighting engineer, the ventilating engineer, and the acous- 
 tic engineer. Trials should be held where every word spoken 
 can be heard distinctly and where every piece of visible evidence 
 can be clearly seen for exactly what it is. 
 
 There are many court-rooms so dimly lighted and so im- 
 properly arranged that it is almost impossible in them to prove 
 forgery when such proof must be based upon the correct inter- 
 pretation of delicate but highly significant visible evidence. In 
 some few cases court and jury leave their accustomed places 
 and in an informal and sensible manner gather around some 
 low-placed, clean window where all can see and all can hear. 
 
 In connection with the proof of many different questions 
 relating to disputed documents correct and adequate illumina- 
 tion is absolutely essential if the facts are to be proved. Vital 
 evidence is sometimes based entirely upon the interpretation of 
 indistinct stains, or delicate tints or colors which, under the dim 
 light provided, all become a dull and indistinct gray. In cases 
 involving chemical erasures, in which certain indistinct yellow 
 stains are of the utmost significance, such evidence is practically 
 invisible under the yellow, flickering artificial light or the dim 
 daylight of the average court-room. In many court-rooms the 
 eilective use of a microscope is simply impossible. 
 
 In many cases involving the identification of paper, where 
 sheets have been interpolated in disputed documents, the case 
 could be positively proven out in the court-yard, but under the 
 conditions provided, intensified by the bad acoustic properties, 
 injustice may triumph or the guilty may escape. Many a city 
 in this land has spent millions of dollars on a court-house with- 
 out one properly lighted and well-arranged court-room where 
 clear seeing and distinct hearing are possible. Darkness and 
 evil have always been associated and still are associated in many 
 a court-room. The modern laws of some states happily require 
 a certain amount of properly placed light in every school house, 
 but such laws, it would seem, have not yet been applied to the 
 law houses. 
 
 Light is also a great aid to justice in connection with the sub- 
 
 6 
 
ject of photogTaphy as now applied to the investigation and 
 proof of disputed documents. To the modern examiner of dis- 
 puted handwriting and documents the photographic camera bears 
 a relation to the business similar to that of the compass to the 
 mariner. The relation of light to this question of photography 
 is as close asj;he etymology of the word itself suggests. It writes 
 out in a universal language its unmistakable interpretation of 
 many things. Many disputed document cases are hastily settled 
 as soon as they are properly illuminated by the photogi'aphic 
 camera. 
 
 The camera assists us to see certain things which without its 
 aid are too small for us to recognize in their true significance 
 and force. It is one of the natural but erroneous human assump- 
 tions that we see all that exists before us, but we know that 
 this is not true, and thus arises the necessity in connection 
 with many questions of properly enlarging the thing to be ob- 
 served. Many forgeries are perfectly apparent when enlarged 
 a few diameters. The photograph also makes it possible to cut 
 apart, group, and arrange the parts of a disputed document for 
 effective study and comparison. 
 
 As is well known, the whole photographic art is based upon 
 the arrangement and control of light, and certain hidden facts 
 in a forgery can be clearly shown in a photograph by certain 
 special arrangements of light. In a laboriously perfected for- 
 gery in which the lines have been carefully retouched and over- 
 written so that under ordinary vision the result seems to be 
 perfect, a transmitted light photograph under proper enlarge- 
 ment is often sufficient to prove the fraud. By this means the 
 varying thicknesses of the ink film itself are measured by meas- 
 uring its ability to transmit light. If a line is retouched skill- 
 fully so that the edges are not broken or disturbed such additions 
 under ordinary vision may be invisible even under magnification, 
 but a transmitted light photograph of such a stroke, enlarged 
 from four to ten diam.eters, will show in permanent form with the 
 utmost distinctness every added stroke. In making a photograph 
 of this character the document is lighted partly from the front, 
 but with the strongest light from the back so that the light which 
 makes most of the photograph is actually transmitted through 
 the paper itself. 
 
 The transmitted light photograph is often more effective than 
 the microscope to show retouchmg, but for preliminary investi- 
 gations of this kind and also for direct demonstrations in court 
 the following special application of light is of great aid. A 
 microscope table with a glass top having a strong light close 
 underneath is provided. This combination is very useful, espe- 
 cially when employed in connection with the stereoscopic micro- 
 
 6 
 
Scope. An arrangement of this kind in the leading banks of the 
 land, available for instant use, would save thousands of dollars 
 every year, as by its aid an experienced observer, in many cases, 
 is literally able to "see through" a forgery. By this means light 
 is literally thrown on the subject. 
 
 Another condition under which special illumination js of 
 great value is in the interpretation of certain kinds of erasures, 
 especially erasures of pencil lines. The disposition of thousands 
 of dollars may depend upon the interpretation of a few words 
 or even a few figures and the determination as to whether or not 
 they have been changed. Unlike an ink line, an ordinary pencil 
 mark is made by sufiScient pressure on the writing instrument 
 so that a certain amount of graphite is worn off against the sur- 
 face of the paper. If a mark of this nature is carefully erased 
 so that the coloring matter is removed, it may become entirely 
 illegible, although the depression still remains but is so shallow 
 that it is invisible even under the microscope. If, however, such 
 an erasure is photographed in enlarged form with a strong illu- 
 mination through a narrow slit on one side with the rays of 
 light almost parallel with the. surface of the paper, the shallowest 
 depression, where a word or figure has been so effectually 
 erased that it is totally invisible under any other examination, 
 then produces a shadow which, in a photograph of this kind, 
 sometimes shows with absolute distinctness what was originally 
 written. 
 
 Another class of cases under which the question of perfect 
 illumination is of vital importance is in all ink investigations 
 either to determine age or to discover whether two or more ink 
 writings are identical or different. Some of these questions can 
 no more be answered under the illumination of certain court- 
 rooms than they could be answered in the light of the average 
 cellar, while the same investigation if conducted under properly 
 diffused white light shows a result that can be seen and ap- 
 preciated by any intelligent man. It is easy to understand how 
 desirable it may be under certain circumstances to show that 
 writing is not as old as it purports to be, or to show that an 
 addition or interlineation in ink is the same or different from 
 other parts of the same document. The interpretation must be 
 based mainly upon the recognition of certain colors. Under suit- 
 able conditions and proper lighting this recognition is possible 
 with the average observer. In many court-rooms such facts 
 cannot be proved. 
 
 All ordinary commercial ink of the present day is a chemical 
 solution to which a temporary blue color is added so that the 
 writing may be legible when first written. Fresh writing of 
 this kind, as we are all aware, is of a distinct blue or bluish 
 
 7 
 
green color, which color gradually disappears as it is submerged 
 or masked by the development of a stronger color from the chem- 
 ical constituents of the ink, until it finally reaches a black or 
 neutral gray. When used during the winter months modern ink, 
 under the usual conditions under which writings are kept, re- 
 quires many months to lose all its initial blue color, so that 
 examinations like those described, to show that the ink is not 
 as old as it purports to be, may be made a long time after the 
 actual date of the writing. Wills and documents representing 
 hundreds of thousands of dollars are brought into courts of law, 
 purporting to be many years of age, on which the ink color has 
 not yet reached its ultimate degree of blackness or intensity. 
 
 By the use of a special color microscope with two objectives 
 and the Lovibond tintometer glasses it is possible to match and 
 record this changing ink color with great accuracy. For ex- 
 ample, it is easily possible to match more than a thousand 
 variations in the color blue alone. If an ink of this class is 
 accurately matched and recorded as it first appears on a docu- 
 ment purporting to be several years of age and then the same 
 portion of ink is observed under the same conditions a few days 
 or weeks afterwards and the ink has distinctly changed from a 
 blue or distinct purple to a black or a much darker color, this 
 is positive proof that such document is not as old as it purports 
 to be. Most persons can recognize colors under favorable con- 
 ditions, but the recognition and matching of colors in an inves- 
 tigation of this kind in the ordinary court-room under the 
 conditions ordinarily provided is simply impossible. If evidence 
 of this class is to be made use of, it is necessary that the ink 
 should be observed under diffused white light of the proper 
 intensity. •• 
 
 Another most interesting special application of light that 
 promises to assist in disputed document eases makes use of those 
 strange new rays of the spectrum out beyond the violet. By the 
 use of a suitable screen and appropriate illumination it is 
 possible to photograph totally invisible stains resulting from a 
 chemical erasure so that the original writing becomes entirely 
 legible. 
 
 Thus we see the advancement of knowledge in every field 
 supplements that in every other field, and light engineers may 
 be of great service in illuminating unexpected dark places in 
 varioiTS divisions of human activity.