CHAPTER XXIII.

CHEMICO-LEGAL INK.

ESTIMATED VALUE OF SCIENTIFIC EVIDENCE AS HELD BY

THE COURT OF APPEALS--NOW BEYOND THE PURVIEW OF

CRITICISM--VERDICTS IN THE TRIALS OF CAUSES AFFECTED

BY SUCH EVIDENCE--LENGTH OF TIME NECESSARY

TO OVERCOME PREJUDICE AND IGNORANCE--

WHERE OBJECTIONS TO SUCH EVIDENCE EMANATE--

SOME OBSERVATIONS ABOUT SUCH EVIDENCE GENERALLY--

WHEN PRECEDENT WAS MADE TO CHEMICALLY

EXAMINE A COURT EXHIBIT BEFORE TRIAL--THE

CONTROVERSY IN WHICH JUDGE RANSOM MADE THIS NEW

DEPARTURE--CITATION OF THE CASE AND ITS OUTCOME--

DECISION IN THE GORDON WILL CASE OBTAINED

BY THE SCIENTIFIC EVIDENCE--COMPLETE STORY

ABOUT IT--HISTORY OF THE DIMON WILL CASE AND

HOW CHEMISTRY MADE IT POSSIBLE TO CONSIDER

IT--OPINION OF JUDGE INGRAHAM--PEOPLE OF THE

STATE OF NEW YORK V. CODY--THE ATTEMPT TO PROVE

AN ALLEGED "GOULD" BIRTH CERTIFICATE GENUINE,

FRUSTRATED BY CHEMICAL EVIDENCE--THE DEFENDANT

CONVICTED--THE PEOPLE V. KELLAM--CHEMICAL

EVIDENCE MAKES THE TRUTH KNOWN--THE HOLT

WILL CASE AND THE EVIDENCE WHICH AFFECTED ITS

RESULT--THE TIGHE WILL CASE--OPINION OF JUDGE

FITZGERALD.

"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 delusion and superstition. The revelations

of the microscope are constantly resorted to in

protection of individual and public interests. . . .

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-

founded objection to resorting to them." Frank

v. Chemical Nat. Bank, 37 Superior Court (J. &

S.) 34, affirmed in Court of Appeals, 84 N. Y.

209.

THIS decision by a final court of adjudicature, expresses

in no uncertain terms the now generally estimated

value of evidence which science may reveal.

The importance which that branch of it denominated

"Chemico-legal ink" has attained and its utilization

in many trials of causes both civil as well as criminal,

places it beyond the purview of criticism or objection.

With the introduction of a new class of inks in the

last two decades, its scope has been much broadened.

Innumerable verdicts by juries wherever the system

prevails, all over the world, the opinions of learned

judges, whether presiding during a jury trial or sitting

alone, more or less affected by this character of evidence,

presents fairly the trend of the views of the

public mind respecting it.

Constant experiment and successful demonstrations,

covering a period of over fifty years, was necessary to

overcome prevailing prejudices and ignorance.

The conditions to-day, which happily obtain, are

that the objection to the introduction of such evidence

finds its source usually in the side seeking to obscure

and hide the truth or facts, while the honest litigant

or innocent individual hastens to advocate its employment.

Another feature worthy of consideration is that

persons who possess intimate knowledge of ink chem.

istry and who might otherwise successfully perpetrate

fraud if opportunity presented itself, refrain from

making the attempt because of that very knowledge,

which is sufficient also to teach them of the possible

exposure of their efforts. Again, they and others are

aware of the reliance placed on chemico-legal evidence

as an aid to the cause of justice by courts and

juries and this is an added reason why they hesitate

to take chances. These propositions being true, they

establish another one, viz: that most of the attempted

frauds at the present time in this connection, are by

the ignorant and those whose conceit does not permit

them to believe that any one knows more than themselves.

Chemico-legal ink evidence as before stated has

been employed in the trials of causes for many years;

but it was not until the year 1889 that a precedent

was established for the chemical examination of a

suspected document preceding any trial. The honor

of this departure from the ordinary modes of procedure

belongs to the Hon. Rastus S. Ransom, who was

surrogate of the county of New York at the time.

The matter in controversy was an alleged will executed

in triplicate by one Thomas J. Monroe. Charges

were made that the three wills were spurious, as they

were facsimiles of each other. It was for the main

purpose of determining the methods of their make-up

that Judge Ransom rendered the opinion and made

the order for its chemical examination which is cited

in full:

Estate of Thomas J. Monroe.--"This is an application

by the special guardian and contestant in

this proceeding, which is now pending before the

assistant, for leave to photograph the various

papers which have been filed as the will of the

deceased, and to compel the filing of two parts of

one of said wills, which was executed in triplicate;

likewise that the last paper be subjected to chemical

tests for the purpose of disclosing the nature of

the composition of the ink and the process or

processes to which it has been subjected.

"Upon the oral argument the surrogate decided

the applications first stated in favor of the petitioner,

reserving only the question of his power to

direct or permit the chemical tests. The special

guardian on the oral argument stated that he was

unable, to find any authority for the application.

"Consultation of the various sources of authority

upon the subject of expert testimony and the

various tests for the purpose of establishing or disproving

handwriting has not resulted in the discovery

of any authority for granting the application.

It is apparent, however, from some of the cases

that such an examination must have been permitted;

for instance, in Fulton v. Hood (34th

Penn. State Reports, 365), expert testimony was

received in corroboration of positive evidence to

prove that the whole of an instrument was written

by the same hand, with the same ink, and at the

same time. It is inconceivable how testimony of

any value could be given as to the character of

ink with which an instrument was written, unless

it had been subjected to a chemical test. The

writer of a valuable article in the eighteenth volume

of the American Law Register, page 281 (R. U.

Piper, an eminent expert of Chicago, Ill.), in

commenting upon the rule as stated in the case of

Fulton v. Hood (supra), very properly says:

" 'Microscopical and chemical tests may be competent

to settle the question, but these should not

be received as evidence, I think, unless the expert

is able to show to the court and the jury the actual

results of his examination, and also to explain his

methods, so that they can be fully understood.'

"The writer of this article is also authority for

the statement that in the French Courts every

manipulation or experiment necessary to elucidate

the truth in the case, even to the destruction of the

document in question, is allowed, the Court, as a

matter of precaution, being first supplied with a

certified copy of the same.

"The most obvious argument to be urged against

allowing a chemical test to be made on a will, and

one that was suggested by the court on the argument

of this motion, is that, inasmuch as the paper

may be the subject of future controversy in this or

some other tribunal, future litigants should not be

prejudiced by any alteration or manipulation of the

instrument. I do not think, however, that this

objection is sound. Take an extreme case, of permitting

a sufficient amount of the ink (which the

affidavit of the expert shows to be but infinitesimal)

for the purpose of chemical examination;

the form of the letter would remain upon the paper;

if not, the form and appearance of the entire signature

might, as a preliminary precaution, be preserved

by photography. The portion of the signature

remaining would afford ample material for

future experiments and investigations in subsequent

proceedings wherein it might be deemed advisable

to take that course.

"Because the subject matter of the controversy

may be litigated hereafter should not deprive parties

in the proceeding of any rights which they

would otherwise have. They certainly are entitled

to all rights in this proceeding that the parties to

any future proceedings would have. Besides, all

the parties whose presence would be necessary to

an adjudication in, for example, an ejectment proceeding,

are (or their privies are) parties here. It

certainly cannot be that the law, seeking the truth,

will not avail itself of this scientific method of

ascertaining the genuineness of the instrument because

of some problematical effect upon the rights

or opportunities of parties to future litigations

respecting the same instrument. The possibilities of

litigation over a will are almost infinite, and if such

a rule should obtain this important channel of

investigation would be closed. Suppose the same

objection were raised to the first action of ejectment

which might be brought, it might then with

the same force be urged that parties to some future

ejectment suit would be prejudiced by a chemical

test of the ink used in the will, and so on ad infinitum.

"By not availing itself of this method of ascertaining

the truth as to the character of the ink, the

Court deprives itself of a species of evidence which

amounts to practical demonstration.

"I can see no reason why the application should

not be granted."

The order in part reads:

"It is ordered and directed that Charles H.

Beckett, the special guardian aforesaid, be and he

hereby is allowed permission to photograph the

aforesaid paper writings described in said order to

show cause, viz., one of the two parts of a triplicate

Will of Thomas J. Monroe, deceased, dated

February 10th, 1873, which were filed in the office

of the Surrogate of the City and County of New

York on or about the 9th day of May, 1889, and

also the contested Will herein dated March 27th

and June 1st, 1888, and to have the said paper

writing, bearing date March 22d and June 1st,

1888, subjected to such chemical test or tests as

shall disclose the nature of the composition of the

ink and, if possible, the process or processes to

which it has been subjected, if any.

"And it is further ordered and directed that

such chemical test be applied to the ink or writing

fluid on said alleged Will to the following specified

portion, or any part of such portions, viz."

Specifications in minute detail follow, calling attention

to the words and spaces which are permitted to

be chemically tested, and then continues:

"And it is further ordered and directed that the

said paper writings shall be photographed before

any chemical tests are applied thereto.

"And it is further ordered and directed that

such photographing and chemical tests be performed

by David N. Carvalho, Esq., a proper and

suitable person, at the places above indicated

respectively, between the 10th and the 20th days of

June, 1889, inclusive, in the presence of the parties

in interest or their attorneys, upon at least two

days' notice to all parties herein or their attorneys.

"And it is further ordered and directed that in

the event of destruction or breaking of the negatives

after such paper writings have been photographed,

the said special guardian, upon similar

notice, shall have leave to re-photograph the said

paper writings, at the same place and by the said

David N. Carvalho, between the 10th and 20th

days of June, 1889, inclusive.

"(Signed) RASTUS S. RANSOM,

"Surrogate."

On the 19th of June, 1889, pursuant to the order of

the court, the alleged will referred to was first photographed,

and later in that day such places as had

been designated in the order were chemically treated,

as part of a series of experiments. The results obtained

briefly summarized were as, follows: The instrument

which purported to be a holographic will of

Thomas J. Monroe the experiments showed conclusively

to be not the case, as neither pen nor ink in

the body writing portion or in the decedent's signature

had ever touched the paper; the date and names

of the witnesses thereon were written, however, with

pen and ink. Furthermore, the experiments demonstrated

beyond question that exclusive of its date and

names of witnesses, that it was what is commonly

known as a transfer taken from a gelatine pad (hektograph),

a method of duplicating popularly in vogue

at that time. The deduced facts in the matter being

that Thomas J. Monroe had written his will in an

aniline purple ink, to which he had appended his name,

leaving blank spaces to be filled in for the date, names

of witnesses, etc., and had transferred the same to a

hektograph, from which he had taken a number of

duplicate facsimile copies, and at some other time had

filled in the blank spaces by ordinary methods and to

which, at his request, the names of the witnesses had

been written with a pen and ink. In the trial which

followed the surrogate declined to sustain the allegation

of the proponents that the alleged signature was

the original writing of Thomas J. Monroe, or indeed

of any person. The will was not admitted to probate.

Experiments, both in open court or during its sessions

in the testing of ink and paper, microscopically

and chemically, are of frequent occurrence, and many

contests involving enormous interests have been more

or less decided as the result of them.

The contest of the alleged will of George P. Gordon,

tried before the late Chancellor McGill of New

Jersey in 1891, illustrates in a remarkable degree just

how certain are the results of investigations of this

character. The chancellor's decision, after listening

to testimony for many weeks, was in effect to declare

the will a forgery, largely because of the fact that the

premise on which it rested was a so-called draft, from

which it was sworn it had been copied. The ink on

this draft it was proved could not have had an existence.

until many years after the date of the forged will.

The decedent, who died in 1878, was the inventor

of a famous printing press, and left a large fortune.

A will offered for probate soon after the death of

Gordon was not probated, owing to the discovery that

the witnesses had not signed it in each other's presence.

The principal beneficiaries, however, under

that will, the widow and daughter of Gordon, agreed

to a division of the estate which was satisfactory to

the other heirs at law, and the matter apparently was

settled.

But a retired lawyer named Henry C. Adams began

in 1879, a year after Gordon's death, to endeavor to

obtain the assistance of some heirs at law in an enterprise

which was finally ended only when Chancellor

McGill's decision was rendered.

In 1868 Adams lived with his father and brothers

on a farm, near Rahway, N. J., adjoining the Gordon

place. The two men became well acquainted through

their common interest in music. Adams called upon

A. Sidney Doane, a nephew of Gordon, and told him

that Gordon had made a will in 1868 which might be

found or if lost, established by means of a draft of it

which he (Adams) had retained. Mr. Doane refused

to act upon this proposition. Then Adams presented

the matter to Guthbert O. Gordon, a brother to

George P. Gordon. He declined to consider the proposed

search for a new will. Adams then wrote to

Guthbert Gordon, Jr., cautioning him to say nothing

to any one, but to come and see him. Guthbert Gordon,

Jr., declined to accept Adams's invitation for a

secret conference. Adams did not write or communicate

with the widow or daughter of George P. Gordon,

or with any of the officials or other persons who dealt

with the estate. Finding that the heirs at law were

satisfied with the arrangement of the estate under

Gordon's daughter's management, he gave up his efforts

at that time.

In 1890 Mary Agnes Gordon, the daughter, died in

Paris, and remittances from her ceasing and her will

not being satisfactory to those who had been receiving

them from her, another contest was begun. This

caused a renewal of Adams's activity. In 1890 he

wrote to Messrs. Black & King, a firm of lawyers who

represented the contestants of Mary Agnes Gordon's

will. Adams's letter to the law firm contained this

expression:

"If one of you will come over here on Sunday

morning, bringing no brass band, fife or drums, I

will tell you something worth knowing."

Mr. King visited Adams, who was then living at

Orange, N. J., and was told by him that Mr. Gordon

had executed a will in 1868 which he (Adams) had

drawn at Gordon's instance, and that he had retained

a corrected draft from which the will itself had been

copied. He also told King that the original will after

its execution had been left with his father, and that

it must be at his father's homestead near Rahway,

where he would try to find it. A few days later he

wrote to Black & King that the will had been found,

and the next day went with the lawyers to Rahway

and identified the package found by his brother Edward

Adams, who occupied the Rahway farm, as that

which contained the will. The package, unopened,

was taken to a safe deposit company and the original

draft was deposited with the secretary of state. The

alleged will, which Chancellor McGill pronounced a

forgery when finally opened in the preliminary probate

proceedings, was found to be a very long and

complicated document, written on blue paper in black

ink. The draft, which was on white paper, was also

written in the main in black ink, but a copious quantity

of red ink had been used in interlineations. The

significant paragraph of the new will was a direction

to his heirs to purchase, if the testator had not succeeded

in doing so before his death, the Henry Adams

farm for $32,000. Minute directions were given to insure

the purchase, but no lower price than $32,000

was mentioned. Commenting upon this Chancellor

McGill's remarks:

"It is also to be here noted that the Adams farm

is now scarcely worth one-third the price for which

it is directed to be purchased."

Continuing the court says:

"The only living person who professes to have

had knowledge of this disputed paper prior to

November, 1890, is Henry C. Adams. He most

clearly and positively testified that he drew the

disputed paper at the instance of Mr. Gordon. He

produced a draft from which he said it was

copied. . . . I have already stated that Mr. Adams

testified most positively when the draft of the disputed

paper was offered in evidence that it was the

identical document from which the will of 1868 had

been copied, and it is to be remembered that the

interlineations in that draft are almost all made

with red ink, and that Mr. Adams testified that

those interlineations existed when the will was

copied from the draft. With a view to testing the

truth of this testimony the contestants submitted

the draft to scientific experts, who pronounced the

red ink to be a product of eosine, a substance

invented by a German chemist named Caro in the

year 1874, and after that time imported to this

country. At first it was sold for $125 a pound,

and was so expensive it could not be used commercially

in the manufacture of ink. Afterwards the

price was so greatly reduced that it became generally

used in making red ink. It is distinguished

by a peculiar bronze cast that is readily detected.

It was recognized in the red ink interlineations in

the draft of the disputed paper produced by Mr.

Adams by a number of scientific gentlemen, among

whom were some of the best known ink manufacturers

in the country, and Mr. Carl Pickhardt, who

first imported eosine. Upon further examination

the witness, Adams, said he thought the draft

produced to be the original until he saw the will on

blue paper, and that then he was perplexed, but

dismissed his doubt upon the suggestion of counsel,

but afterward he thought upon the subject 'in

the vigils of the night,' but by an unfortunate

coincidence did not reach substantial doubt enough

to correct his previous testimony until after the

testimony concerning the character of the red ink

he had used in interlining had been produced. . . .

It is impossible to study this remarkable case at

this point without grave doubts as to the truthfulness

of Mr. Adams, and indeed as to the frankness

with which the case was produced in court in

behalf of the proponents."

As to Adams as a witness, the court finally says:

"And as I read the confused answers of Mr.

Adams and note his apparent misapprehension of

questions that would tend to involve him, and note

the apparent failure of his theretofore wonderfully

clear and exact memory of the most trivial and unimportant

details, I am inclined to reject the whole

story as a fabrication that has been punctured and

fallen to pieces. . . . I find it to be impossible to

rely upon the testimony of Henry C. Adams. Excluding

it the will is not proved. . . .

"I will deny probate, revoking that which I

have heretofore granted in common form."

* * * * * * *

In the attempt made to prove the alleged last will

and testament of Stephen C. Dimon, deceased, chemistry

was the all-determining factor in the most important

branch of the case. The peculiar features of

this remarkable and unique case are best described

by presenting them with a brief history of the entire

matter.

In 1884 Stephen C. Dimon of the city of New

York made and executed a will, choosing as legatee

and executrix a Mrs. Martha Keery. The will he

intrusted to the custody of his counsel. It appeared.

that some time during the following year his attorney

transferred this will from its resting place in a desk

drawer to a new safe and recalled having seen its envelope

a year later, but said he never saw the will

thereafter.

In 1893 Mr. Dimon died. No will being produced,

his brother took, out letters of administration. Whereupon

Mrs. Martha Keery commenced a suit against

the brother and the next of kin he represented, in

an effort to obtain the dead man's estate. She based

her claim solely on the LOST will, the contents of which

were recalled in the trial by Mr. Dimon's former

counsel, who was also one of the witnesses to the lost

will. During the course of the trial in the Supreme

Court, presided over by Justice George L. Ingraham,

Mrs. Keery's attorney produced a mutilated document

which from its reading indicated that it had once

been a will, though not the "lost" one. But the

names of the legatee, executrix, testator, names of

witnesses and their addresses were completely obliterated.

The written portions still undisturbed showed

it to be in the handwriting of Stephen C. Dimon.

Mrs. Keery's story was that after the death of Mr.

Dimon in going over an old coat formerly worn by

him, she had found it in a side pocket and had given

it to her counsel just as it came into her hands.

Its condition showed it to be considerably pocket-

worn. The obliterations referred to represented huge

blots of black ink covering a lot of scratches and

making it impossible to decipher the under writing.

Defendant's Counsel immediately requested that the

document be turned over to an expert, to see what

could be done with it. The judge granted the motion

and adjourned the case for several days to await

results.

Counsel on both sides joined in the selection of

myself. Three days were occupied in its decipherment.

The will occupied two sides of a full sheet of

legal cap. The original ink which was employed in

the writing of the will was of pale gray color. The

first obliterations were a series of pen and ink

scratches and marks which destroyed the writing.

Not satisfied with them the operator had with a saturated

piece of blotting paper, brushed over the

scratches and as that ink was of good quality every

mark of writing had disappeared in the jumble and

blots. It so happened that three inks had been employed.

The original ink, the ink used for scratching

and the one employed to do the blotting. The three

inks were happily mixtures containing different constituents,

and so by utilizing the reagent of one which

did not affect the other, gradually the encrusted upper

inks were removed and later the original writing appeared

sufficiently plain not only to be read but to

identify it. Photographs made before and after the

chemical experiments, permitted court and counsel to

make their own comparisons during the giving of the

testimony about it.

It permitted also the finding of the two witnesses who

lived outside of the city and to learn many details

from them as to Mr. Dimon's conduct in the matter.

The restored will showed that Mrs. Keery at its

date (1891) was still in his mind, and its destruction

by himself--that he had changed his mind.

Justice Ingraham completes his opinion in deciding

the case as follows:

"In this case, however, the long time that

elapsed between the time of the delivery of the

will to Mr. Morgan and the death of the testator,

the absence of my satisfactory proof of the existence

of the will from the time it was delivered to

Mr. Morgan to the time of the testator's death,

and the fact that the testator made another will,

making substantially the same disposition of the

property, which he subsequently destroyed, all

tend to cast a doubt upon the fact that the will

was in existence at the time of the testator's death,

and there is positively no evidence that it was ever

fraudulently destroyed.

"I do not think the court is justified in diverting

a large sum of money from those legally entitled

to it, by allowing, a lost will to be proved, except

upon the clearest and most satisfactory evidence

of the existence of the will at the time of the testator's

death. And the testimony in this case falls

short of what I consider necessary to establish

such a will.

"There should be, therefore, judgment for the defendants

with costs."

* * * * * * *

A case of considerable interest was tried before

Hon. Clifford D. Gregory in the month of March, 1899,

in the city of Albany, New York. It was entitled

the "People of the State of New York against Margaret

E. Cody," as charged with the crime of blackmail,

in the sending of a letter to Mr. George J.

Gould, in which she threatened to divulge certain

information which she claimed to possess about his

dead father, Jay Gould. The character of this

information was such that if true it meant that Jay

Gould and his wife had lived in bigamous relations

during a great number of years preceding their death

and hence also affected the legitimacy of the entire

Gould family. Mrs. Cody asserted that Jay Gould

was married to a Mrs. Angel some time in 1853, and

that as a result of that "lawful" marriage she gave

birth to a daughter, a Mrs. Pierce, who was still alive

and living somewhere in the west. As Mrs. Cody

offered to sell or secrete the information which she

said she possessed for a consideration, Mr. George J.

Gould and his sister, Miss Helen Gould, instantly

determined that it could be nothing else than a clear

case of an attempt at blackmail, which falsely impugned

the reputations of their dead parents. They

instituted criminal proceedings against Mrs. Cody,

charging that Mrs. Cody when she wrote the letter

well knew that her claim that his father had been

married to Mrs. Angel and that Mrs. Pierce was their

daughter, was absolutely false. Two trials followed,

the first in 1898 in which the jury disagreed, and a

second one in 1899 which lasted over a week. It

was in the second trial that chemical tests on a certain

entry in a church record in the presence of the

jury were made, which showed conclusively that

ancient writing of another character than that which

had been substituted was still existent beneath the

writing which was apparent to the naked eye.

The following are excerpts of the judge's charge

to the jury:

"I wish to invite your attention, for a few moments,

to the baptismal certificate. You have had

produced here before you the original baptismal

record of the church at Cooperville. It has been

substantially admitted, in the arguments of this

case, that there has been a change made in this

certificate. I do not think that the District Attorney

claims that there is any evidence that Mrs.

Cody herself changed this record; there is no

claim, as I understand it, made by the prosecuting

officer that she went there and obtained this book,

and with her own hand changed this record; but

he asks you to infer and find from the evidence

that has been given, that she was a party to this

change, that she was privy to this change, and that

knowing that fact she had guilty knowledge when

she wrote the letter upon which the indictment is

based.

"You will remember that Mr. Carvalho, the

expert in handwriting, was placed upon the stand;

and he has testified in your presence as to his

qualifications in determining disputed handwritings,

and what his experience has been during a long

series of years. He tells you that he has examined

this record, and that there is no question but some

of the words have been erased and others substituted

in their places. He tells you that the words

'Jay Goulds' were not the original words in the

certificate, or if they were, the present 'Jay

Goulds,' as they appear in the certificate, have

been forged; that the words 'Mary S. Brown,'

the 'sex mois,' the French words for six months,

and other changes which he has described to you

are forgeries.

"I shall submit to you, as a question of fact,

whether or not Mrs. Cody had any knowledge or

took any part, or authorized or connived at any of

the changes made in this certificate. I do not

say that she did; I leave it to you to say, from

the evidence in this case, whether your minds are

convinced that she had any part or parcel, or

undertook in any way to accomplish the changes

which have been made in this baptismal record.

And if you find as matter of fact that she had

such knowledge at the time this letter was written;

if you find as matter of fact she had this information

given to her by Mrs. Angel, then I leave it

to you to say whether she had such knowledge,

such guilty knowledge, as should prevent her, if acting

honestly, from writing a letter such as has been

described here and contained in the indictment."

The jury brought in a verdict of guilty.

In the trial of the People v. David L. Kellam (1895),

who was charged with altering the dates of three

notes for $6,000 each, the contention of the prosecution

was that the dates of the notes had been changed

by chemicals, and with the consent of the defense a

reagent was applied to the suspected places and the

original dates restored. The verdict of the jury was

guilty.

In the Holt Will case, tried in Washington, D. C.,

in the month of June, 1896, great stress was laid on

the fact of the difference in the admixture of inks

found on letters contemporaneous with the date of

the will, and it was asserted also that the ink with

which the will was written was not in existence at

the time it was alleged to have been made, June 14,

1873, and probably not earlier than ten years later.

Furthermore, that it was a habit of Judge Holt up to

the time of his death, which habit was illustrated in

his writings and correspondence to "sand" his writing.

The jury decided the will was a forgery.

Another famous case in which the scientific testimony

about ink and pencil writing must have assisted

the court in arriving at a conclusion was in the trial

of the famous Tighe will contest, tried before Hon.

Frank T. Fitzgerald, one of the present surrogates of

the county of New York. The story of this case is

incorporated in the opinion which is cited in part:

"Hon. Frank T. Fitzgerald, Surrogate of the

county of New York:

"That Richard Tighe died on the 6th day of

May, 1896, at No. 32 Union Square, in the city

and county of New York, where he had lived for

fifty years prior to his death, and was at the time

of his death over ninety years.

"That the testator, on or about the 27th day of

March, 1884, in the presence of the attesting witnesses,

duly signed the instrument in writing, and

duly published and declared the same to be his last

will and testament, and requested said witnesses

to witness the same, and pursuant to such request

said attesting witnesses did subscribe said will as

attesting witnesses. That at the time said Richard

Tighe so signed, published and declared the said

instrument to be his last will and testament, the

said Richard Tighe was in all respects competent

to execute the same, and was not under any restraint

or undue influence. That the said instrument,

so signed, published and declared by

testator was and consisted of the identical sheets

of paper and the identical writing now appearing

upon the same as to all except pencil writing; the

testator did not publish or declare the marks, words

or figures written in or upon said instrument in

pencil to be a part of his last will and testament,

and it is not found that such marks, words or figures

were upon said instrument at the time when

said instrument was so published and declared to

be the last will and testament of the testator.

That the said last will and testament is written

consecutively upon two sheets of legal cap paper.

"That the said last will and testament was originally

prepared with blank spaces left for the

insertion of the numbers of shares intended to be

bequeathed and devised to the various beneficiaries

named therein, and as so prepared was in the

hand-writing of Caroline S. Tighe, the wife of testator,

and that at some subsequent time and before

the execution of the said instrument by the said

Richard Tighe, the blank spaces hereinafter referred

to as filled in in ink, were filled in by or under the

direction of the testator. Upon said instrument

as offered for probate there appears in the blanks

originally left thereon, in some instances, pencil

writings superimposed over other pencil writings,

which have been either wholly or partially erased,

and in other instances ink writing different from

the body of the instrument in the material employed,

appearing over pencil writings wholly or

partially obliterated. . .

"That the said words written in ink filling such

blanks as aforesaid expressed the final determination

of the testator with regard to the beneficiaries

to whom the same applied; and that the words

and figures written in pencil filling such blanks as

aforesaid were written only deliberately and tentatively

and that as to those words and figures the

testator had not at the time when he executed,

published or declared said instrument to be his

last will and testament determined as to whom or

in what proportions he would give the several

shares of his estate and property covered by said

words and figures, but the testator attempted

and intended to reserve to himself the power of

making disposition of said shares thereafter, and

intended the final disposition thereof to be in ink

writing. . . ."

Forty Centuries of Ink Or, A chronological narrative concerning ink and its backgrounds, introducing incidental observations and deductions, parallels of time and color phenomena, bibliography, chemistry, poetical effusions, citations, anecdotes and curiosa together with some evidence respecting the evanescent character of most inks of to-day and an epitome of chemico-legal ink. · 第 23 / 32 章