Mr. EISENBERG. Is this common knowledge, that is to say----

Mr. COLE. It is common knowledge among document examiners. I don't

think it is common knowledge among others.

Mr. EISENBERG. Might a layman attempt to disguise his handwriting

simply by resorting to undisguised handprinting?

Mr. COLE. Yes; he might.

Mr. EISENBERG. What are the usual evidences of disguise, by the way,

Mr. Cole?

Mr. COLE. Well, in cursive handwriting the usual evidences of disguise

involve some unnaturalness, such as a reduction of writing speed, and

other distortions such as writing very large, with an exaggerated

freedom, where parts of letters of various words are run together; such

as an exaggerated length of lower extensions and upward extensions

which tends to intermingle forms and make it difficult to see the

details of them; or writing very small, in almost microscopic size

where, again, the width of a pen stroke itself tends to conceal

details of handwriting; alterations of slant, such as a person who

normally writes a forehand slant or slanting to the right, changing to

a vertical or a backhand slant. Most efforts at disguise are not well

planned. They usually involve a determination to alter the writing

along one particular line such as writing very large, very small, or a

change in the slant. Other features are the simplification of letter

forms. For example, a person attempting to conceal a writing habit may

feel that his writing habit is revealed mostly by capital letters so

you might have him using printed forms for capitals, but cursive forms

for most other letters.

Representative FORD. Can you tell the difference between a right-handed

and a left-handed person by either cursive or capital letters?

Mr. COLE. No, sir; not definitely. Left-handed writers tend to write

more vertically, and for that particular left-hand writer who holds

his hand above the writing line, this gives a reversal of the pressure

on what would ordinarily be regarded as upstrokes and downstrokes, and

when you see that reversal this is an indication of left-hand writing.

But it is only when you have that special circumstance that you get

that signal about it.

Representative FORD. Is there anything in any of the writings that

you have analyzed of Lee Harvey Oswald of an indication that he was

left-handed?

Mr. COLE. Well, I wouldn't say that I could make a determination of

whether he was left-handed or right-handed.

Mr. EISENBERG. Mr. Cole, in your expert work do you draw a distinction

between a spurious and a forged document?

Mr. COLE. Well, I think of the word "forgery" as having that legal

connotation of malice or intent. The production of a false writing with

an intention to deceive or defraud somebody else. Spurious writing

means a false writing.

Mr. EISENBERG. That is, a writing produced by one hand calculated to

look as if it had been produced by another?

Mr. COLE. Well, not necessarily, that situation that you just discussed

would involve simulation of the person's, another person's writing. But

the word "spurious" could refer to a false writing, the writing of the

name of one person by another who had no particular right to do it.

But, of course, if the element of an intent to defraud is not there, I

suppose in a legal sense it is not forgery.

Mr. EISENBERG. Now, what are the elements which you look for to see

whether a person, A, has attempted to reproduce the handwriting of

another person, B, with intent to deceive or otherwise?

Mr. COLE. Two categories of differences. One, defects of line

quality, by which is meant tremor, waver, patching, retouching, and

noncontinuous lines, pen lifts in awkward and unusual places. And the

other class of differences is details of the forms of letters, by which

I mean that when the person attempting to simulate another writing

concentrates upon the reproduction of one detail, he is likely not to

see other details. He may, for example, be able to imitate the gross

form of a letter but he may get proportions wrong or letter connections

wrong.

Mr. EISENBERG. What is the probability that person A could imitate the

handwriting of person B without leaving a telltale trace in one of

these two categories?

Mr. COLE. I think it is only a very remote possibility. But I would add

to that the need for having a fairly extensive specimen of writing.

Of course the possibility of a successful simulation is better with

smaller specimens of writing.

Mr. EISENBERG. Now, did you find any evidence in either category that

a person had attempted to simulate the writing of the author of the

standards in this case in producing either 773 or any of the other

questioned documents which you examined?

Mr. COLE. No; I did not find such indications.

Mr. EISENBERG. And you feel, did you say, there would be only a remote

probability that in the absence of such indication such a simulation

could exist?

Mr. COLE. Yes, sir.

Mr. EISENBERG. When you say remote, could you put this in terms of

figures?

Mr. COLE. I would say there is no reasonable possibility of it, and I

will put it this way: That from my study of these documents, there is

no particular element or elements of the handwriting that I can point

to and say this could be evidence of simulation.

Mr. EISENBERG. You mentioned before that you need to have a sufficient

amount of writing to make that type of determination. Do you feel that

the questioned documents provided a sufficient amount of writing for

that?

Mr. COLE. They do.

Mr. EISENBERG. Is that individually or collectively?

Mr. COLE. Individually.

Representative FORD. All of the illustrations on 784 A, B, and C are

taken from Commission exhibits----

Mr. EISENBERG. 774-783.

Representative FORD. Collectively?

Mr. COLE. Yes, sir.

Mr. EISENBERG. Carrying that question forward, on what basis did you

select excerpts from 774 to 783 to reproduce 784 A, B, and C?

Mr. COLE. The chief effort was to collect together in a fairly small

space items that were appropriate for comparison through repetition of

the same material, and in doing that there was kept in mind the general

purpose of giving a good representative cross section of all of the

writing habit illustrated in the standard writings.

Mr. EISENBERG. Well, that anticipates my next question, which is,

whether this is a representative cross section or was selected in

order to reproduce those particular characteristics you find in the

questioned documents.

Mr. COLE. I think it is a representative cross section, and I say a

part of the effort was to bring here some letters and combinations for

convenience of comparison. It was in no way an effort to substitute

these charts for the originals.

Mr. EISENBERG. Your actual examination was made on the basis of the

originals or the charts, Mr. Cole?

Mr. COLE. Yes; all of the--the chief examination was made upon the

basis of the originals and all parts of the originals, not limited to

the parts shown in the charts.

Mr. EISENBERG. These charts are only for demonstrative purposes, making

your testimony easier to follow, is that correct?

Mr. COLE. Yes, sir.

Mr. EISENBERG. You discussed briefly, Mr. Cole, or perhaps more than

briefly, the use of a photograph as a standard. Now, in the case

of 773, a photograph is used as a questioned document, or rather a

questioned document consists of a photograph. Are the comments you

made on the use of a photograph as a standard applicable to the use

of a photograph as a questioned document, that is, can you make a

determination on the handwriting in a photograph?

Mr. COLE. With these photographs I think a satisfactory determination

can be made. I would not necessarily include all photographs.

Mr. EISENBERG. Yes?

Mr. COLE. Because there is a widely varying quality in photographs.

Mr. EISENBERG. When you say these photographs, do you include the other

photographs included among the questioned documents you have examined

at my request?

Mr. COLE. Yes, sir.

Mr. EISENBERG. Mr. Cole, I now hand you an item consisting of a U.S.

postal money order in the amount of $21.45, payable to Klein's Sporting

Goods, from "A. Hidell, P.O. Box 2915, Dallas, Texas." For the record I

will state that this money order was included with the purchase order

in Exhibit 773 which has just been identified, and was intended and

used as payment for the weapon shipped in response to the purchase

order, 773. I ask you, Mr. Cole, whether you have examined this money

order for the purpose of determining whether it was prepared by the

author of the standards?

Mr. COLE. Yes, sir.

Mr. EISENBERG. What was your conclusion, Mr. Cole?

Mr. COLE. It is my conclusion that the handwriting on this money order

is in the hand of the person who executed the standard writing.

Mr. EISENBERG. Mr. Chairman, may I have this money order admitted as

788?

Representative FORD. It may be admitted.

(The document was marked as Commission Exhibit No. 788, and was

received in evidence.)

Mr. EISENBERG. Have you prepared a photograph of that Exhibit 788, the

money order?

Mr. COLE. Yes; I have.

Mr. EISENBERG. And you have produced that photograph for me just now,

Mr. Cole?

Mr. COLE. Yes.

Mr. EISENBERG. Was this prepared by you or under your supervision?

Mr. COLE. Yes, sir.

Mr. EISENBERG. Is it an accurate photograph of 788?

Mr. COLE. It is.

Mr. EISENBERG. May this be admitted as 789, Mr. Chairman?

Representative FORD. It may be admitted.

(The document referred to was marked Commission Exhibit No. 789, and

received in evidence.)

Mr. EISENBERG. Mr. Cole, before you discuss your conclusion, the

handwriting on 788 seems to have a slight blur in some parts. Could you

explain that in any way?

Mr. COLE. Yes; it is my view that this document has been in contact

with moisture which affected the ink of the handwriting. Such contact

might have been through an effort to develop fingerprints.

Mr. EISENBERG. Was it or is it discolored at this point at all, do you

think?

Mr. COLE. There are only two small areas of discoloration on this

document, one of them being along the upper edge just above the figure

"9," and the other along the right edge just opposite the figure "5."

This indicates to me that at one time this document was more deeply

stained but has been cleared up by some chemical bleach.

Mr. EISENBERG. Was it in the same condition when you examined it as it

is now?

Mr. COLE. It was.

Mr. EISENBERG. Mr. Cole, would you explain by use of charts 784 A, B,

and C, and the photograph 789, why you conclude 788 was prepared by the

author of the standards in this case?

Mr. COLE. On the photograph, 789, I invite attention to the capital

"K" of "Klein's," which compares favorably in form to the "K's" of

exhibit--of chart A, items 13 and 14, with the exception of a larger

circle at the center of that "K" on the right side of 789, which is not

reproduced in the standards, but it is my belief that this writer might

well produce such a circular form when a letter is somewhat larger and

more freely made.

Mr. EISENBERG. On what do you base that belief, Mr. Cole?

Mr. COLE. That that would be a normal result of greater freedom and a

larger writing, it would produce a circular form rather than an angle.

Mr. EISENBERG. Is this based upon your experience with questioned

documents and making analyses?

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