CHAPTER XI

REMARKABLE FORGERY TRIALS

Trials--William Hale--The Perreaus--Caroline Rudd--Dr. Dodd--Whalley

Will Case--Pilcher, etc.

The evidence given at the trial of William Hale, in 1728, at the Old

Bailey has many points of interest. The accused was charged with forging a

promissory note for £6,400.

At this time it was customary for certain privileged persons to frank

letters by merely signing their names upon them and adding the word

"free."

In this case the forged promissory note bore the words "for myself and

partners" followed by the signature, and the Attorney-General pointed out

in his speech for the prosecution that this had been done by erasing the

two "e's" of "free," inserting an "o" between the "f" and "r," and then

adding the additional words.

It was also alleged that the ink in the stroke of the beginning of the

letter "m" in the word "my" was in an older kind of ink, and probably

originally formed part of one of the "e's" in the word "free."

The old creases in the paper were also such as might have been produced by

the folding of the cover of a letter.

Philip Booth denied the authenticity of the handwriting, and was then

questioned further:--

"Are they in the same ink?"

To which he replied, "I take them to be of a different ink."

The prisoner was found guilty and condemned to stand thrice in the

pillory, to pay a heavy fine, and to suffer five years' imprisonment. He

died the same year in Newgate.

Two celebrated trials for forgery in which evidence as to the authenticity

of handwriting was given, took place in 1775, and the justice of the

verdicts was hotly discussed for long afterwards. In the first of these

trials Robert and Daniel Perreau, twin brothers, were accused of a series

of frauds by means of false bonds, while in the second trial Caroline

Rudd, who had given evidence for the Crown against the Perreaus in the

first trial, was indicted for the same offence.

According to the contemporary accounts Robert Perreau was an "apothecary

of great practice," while his brother "lived in the _stile_ of a

gentleman."

The evidence went to prove that Robert Perreau asked Drummond, the banker,

to lend him £5,000 upon the security of a bond for £7,500 which, he

alleged, had been given to his brother Daniel Perreau by a Mr. William

Adair.

Mr. Drummond questioned the authenticity of the signature upon the bond,

which he therefore retained for further examination, promising to return

it the next day or to advance the money for the loan. In the meantime he

showed it to the Secretary of the Admiralty, who at once agreed that the

signature was a forgery.

The next day Perreau willingly accompanied Drummond to Mr. William Adair

who promptly denied all knowledge of the bond.

The Perreaus and Mrs. Rudd now attempted to escape in a coach, but were

arrested and charged with forgery before Sir John Fielding at the

Westminster Guildhall. Similar charges of obtaining money from other

persons by means of bonds, all of which had been signed with the name of

William Adair, were brought, and after Mrs. Rudd had given evidence that

she had forged the signatures at their instigation, the two brothers were

committed for trial at the Old Bailey.

At the trial evidence was given by William Drummond that he had had an

interview with Mrs. Rudd, that then she had admitted having given the bond

to Robert Perreau, and after confessing that she had forged it had begged

them "for God's sake to have mercy upon an innocent man."

Robert Drummond, brother of the previous witness, stated in his evidence

that when Mrs. Rudd acknowledged the forging of the bond he had expressed

doubts whether she was speaking the truth, seeing that the handwriting was

so different from that of a woman. Mrs. Rudd had then written the words,

"William Adair," upon a piece of paper in writing so like that of the

signature on the bond that it had satisfied him and he had burned the

paper.

Evidence was next given by a brother of William Adair and by a clerk that

the handwriting upon the bond was not that of William Adair.

John Moody, a livery servant of Daniel Perreau, who was called for the

defence, asserted that Mrs. Rudd had two different kinds of handwriting,

in one of which she wrote letters to his master as though coming from Mr.

William Adair, this fictitious writing being absolutely different from her

ordinary writing. He also stated that she used different pens, ink and

paper for these forged letters, and that the handwriting upon the bond was

precisely the same as that in the fictitious letters.

The defence of both brothers was that they had been deceived by Mrs. Rudd,

who had given them the bond as a true one and that they had presented it

believing it to be genuine.

Many distinguished persons, including Sir John Moore, gave testimony as to

their character, but in spite of this both were found guilty and sentenced

to death.

After their conviction great efforts were made to secure a pardon for

them, and especially for Robert Perreau, against whom the evidence was not

so strong. A petition was presented to the King, and the newspapers were

filled with letters in favour of the men, who, as a large section of the

public believed, had been the victims of a designing woman. But all was of

no avail and they were executed in January, 1776.

Between their conviction and execution came the trial of Caroline Rudd for

the same forgeries. She pleaded that having been accepted as a witness for

the Crown she ought not to have been prosecuted as a principal. This point

of law was referred to the whole bench of judges, whose decision was that

the trial should proceed, in order to determine whether the prisoner had

spoken the whole truth.

She had charged Robert Perreau with soliciting her to forge the bond and

his brother Daniel with forcing her to imitate the handwriting of William

Adair. "If," ran the judgment, "she has suppressed the truth she has no

equitable claim to favour; and if she has told the truth and the whole

truth she cannot be convicted." The trial therefore proceeded.

The principal witnesses were the wives of Robert Perreau and John Moody.

Mrs. Perreau stated that she had seen Mrs. Rudd hand a bond to her

husband, Robert Perreau, which was signed "William Adair." In

cross-examination she admitted that she had never before seen a bond, and

when asked how she could recall, after three months, the names, amounts,

date, and other particulars upon it replied, "I have the happiness to have

a good memory." At the same time she was unable to remember the date or

sum in any other document which had been shown to her.

John Moody, Daniel Perreau's servant, again gave evidence as to Mrs.

Rudd's using two kinds of handwriting, and asserted that he believed that

the signature of Mr. William Adair upon the bond was in the handwriting of

the prisoner. In cross-examination he admitted that he had never seen Mrs.

Rudd sign the name of Mr. Adair.

The defence was that there had been a conspiracy on the part of the

relatives and friends of the Perreaus against Mrs. Rudd, and Christian

Hart, a friend of the prisoner, gave some evidence in support of this.

A short speech was then made by Mrs. Rudd, who concluded with an appeal to

the jury: "Gentlemen, ye are honest men, and I am safe in your hands."

After a short retirement the jury gave their verdict in the following

curious form: "According to the evidence before us, not guilty."

For many years after these trials sides were taken for and against the

Perreaus, and an appeal even was made to Mrs. Rudd to "discover the

secrets of a transaction concerning which public opinion has been so much

divided." It was plausibly suggested that a declaration of the fact if she

was guilty could not then affect her since she had been acquitted by the

laws of her country.

Two years after the trial of the Perreaus and Mrs. Rudd came another

notorious forgery trial, which created a still greater sensation, owing to

the fame of the prisoner as a clergyman and an author.

On the 8th of February the Reverend Dr. Dodd, editor of _Dodd's Beauties

of Shakespeare_, once one of the King's Chaplains, and a preacher whom

Sunday after Sunday fashionable London had flocked to hear, was arrested

on the charge of forging the signature of his former pupil, the Earl of

Chesterfield.

For years he had been attempting to live in the style which he thought his

position required, and had been in constant difficulties with his

trades-people. At length to satisfy some of the more importunate, he

borrowed £4,000 in the name of Lord Chesterfield, whose agent he

represented himself to be, and gave a false bond for the sum.

The manner in which the forgery was discovered is especially interesting,

as being one of the earliest cases in which the appearance of the ink led

to the detection of a fraud.

The bond had been left with a Mr. Manly, who was the attorney for Messrs.

Fletcher and Peach, who had advanced the money, and, according to the

evidence which he gave at the trial, he observed "a very remarkable blot

in the first letter E in the word SEVEN, which did not seem to be the

effect of chance but done with design. He thought it remarkable but did

not suspect a forgery; yet he showed Mr. Fletcher the bond and blot, and

advised him to have a clean bond filled up, and carried to Lord

Chesterfield for execution."

When this was done Lord Chesterfield immediately disowned the bond, and

Dr. Dodd was thereupon arrested. The attorney advised him that if he

returned the money it would be the only means of saving him. Accordingly

he raised the £4,000, on the understanding that the bond should be

returned to him cancelled, but the charge was not withdrawn, and he was

committed for trial at the Old Bailey.

His defence was little more than a confession of guilt and a plea for

mercy, and after an absence of only a few minutes the jury found that he

was guilty, but recommended him to the royal mercy.

After the conviction unexampled efforts were made to gain a reprieve. In

every newspaper there were letters pleading for the life of the prisoner,

and the most distinguished men of the day, including Dr. Johnson, then the

foremost English man of letters, used their influence on his behalf.

Officers of the parish, dressed in deep mourning went from door to door,

gaining signatures for long petitions to the king, and the names thus

collected filled twenty-three rolls of parchment. Finally, the Lord Mayor

and Council went in state to St. James's Palace imploring mercy for the

prisoner. But all was to no purpose, for the king obstinately refused to

show any favour to the divine whom he had formerly dismissed from his

chaplaincy. His constant reply to all these petitions was, "If I save Dodd

I shall have murdered the Perreaus."

On the 27th June, 1777, Dr. Dodd was taken in a cart with another

condemned prisoner from Newgate to Tyburn and executed.

His bad luck attended him to the last, for he went cheerfully to the place

of execution under the impression that the executioner would be able to

cut him down and hand him over to his friends before it was too late to

restore him to life. Unfortunately for him the scheme miscarried. A

contemporary account thus describes the incident: "Just before the parties

were turned off Dr. Dodd whispered to the executioner. What he said cannot

be known; but it was observed that the man had no sooner driven away the

cart than he ran immediately under the gibbet, and took hold of the

doctor's legs, as if to steady the body; and the unhappy man appeared to

die without pain; but the groans, prayers and tears of thousands attended

his exit."

That Dr. Dodd was hanged at Tyburn is unquestionable, but it was commonly

believed at the time that the plan arranged with the executioner had

proved successful, and that after being cut down, he was handed over to

his friends, who applied restoratives, and when he was well again

smuggled him over to France, where he lived quietly for many years until

his death.

There is no reliable evidence of this rescue from the gallows, and

although a few years ago it was stated that an account appeared in a

newspaper of 1784, of the life of Dr. Dodd in France, the present writer

has been unable to find any mention of this in the papers of that date.

* * * * *

The trial popularly known as "The Great Matlock Will Case" is a good

illustration of the way in which the internal evidence of documents may

afford definite proof of their authorship.

In the year 1856 a surveyor named Nuttall who lived at Matlock died

leaving an estate worth about £60,000. He had no near relatives, and the

only other occupant of his house at the time of his death was his

housekeeper, Catherine Marsden. Her sister's husband, John Else, had been

employed as a clerk for many years by Mr. Nuttall, and wrote in a

handwriting so similar to the surveyor's that people were frequently at a

loss to tell by which of the two their letters had been written.

Nuttall had had his will drawn up by a solicitor, and had made a copy of

it in his own writing, which was signed and witnessed. In this copy

certain additions benefiting Else had been introduced between the lines. A

number of codicils to this will were subsequently discovered when Else had

become appointed successor to Nuttall, and these were signed and witnessed

by a local farmer and a surgeon, so that if these codicils were not

genuine, there was conspiracy to defraud and perjury on the part of these

witnesses. The genuine nature of the signatures was vouched for by a bank

clerk, who stated that he would have at once paid money upon cheques so

signed.

The case was first tried before a jury at the Derby Assizes in 1859, and

the codicils were pronounced genuine. The Master of the Rolls, not being

satisfied with the verdict, directed a second trial, which took place in

1860, and this time the jury decided that the codicils were not genuine.

The plaintiffs then appealed first to the High Court and then to the House

of Lords and a new trial was ordered.

The final trial came on before the Lord Chief Justice (Cockburn) in 1864,

and lasted for eight days. The jury decided against the genuineness of the

codicils, mainly upon the characteristics of the writing and spelling.

Both Nuttall and Else were bad spellers, but their mistakes were

different. For instance, throughout the will "daughter" was spelt

correctly, whereas in the codicil it was "doughter," and it was proved

that Else spelt the word with an "o," while Nuttall had never done so.

The way in which the "t" was crossed was, however, the most convincing

piece of evidence. It was shown that Nuttall's habit was usually to leave

the "t" uncrossed, or when he did cross it to do so completely. On the

other hand, Else generally made a half-cross to the "t's." In the will

written by the testator there were no half-crossings, whereas in the

interlineation and the codicils the half-crossed "t's" predominated. This

difference was also brought out in a large number of the letters of the

deceased and of Else, which were shown to the jury.

After the verdict had been given against them the plaintiffs attempted,

though without success, to obtain yet another trial of the case.

* * * * *

One of the most remarkable trials for forgery that has taken place in this

country was the outcome of the famous Whalley will case, which occupied

the attention of the courts for three years in the early eighties.

James Whalley, whose fortune was in dispute, died in 1881 leaving £60,000.

He had been a reserved man with a touch of eccentricity, and parsimonious

habits, and in spite of his wealth had lived for many years in bare

lodgings in the house of a railway porter named Thomas, at Leominster.

On several occasions he had expressed his intention of leaving his money

to a man named Priestman, who though at the time unaware of the truth, was

in fact his natural son; and there was convincing evidence to show that he

had made a will on blue paper to that effect.

After his death, however, no such will could be found, whereas Thomas, the

railway porter, produced a will on white paper, in which the bulk of the

fortune was left to him.

Certain suspicious circumstances led Whalley's next of kin to challenge

the genuineness of the will, and though as yet there was no suggestion of

forgery, it was urged that the signature had been obtained by some trick.

After some time a compromise was made, and it was arranged that Thomas

should have £17,000 and that the remainder of the money should be divided

between Priestman and Whalley's relatives. The will was proved on this

understanding.

Here the matter might have ended had it not been for an act of folly upon

the part of Thomas.

Priestman invited his solicitor and some friends to come to Leominster to

celebrate the occasion, and on their way from the station the carriage

drove past the house where Whalley had lived.

As it passed by Thomas stood at the window flourishing a piece of blue

paper.

The solicitor, seeing this, jumped to the conclusion that this paper was

the "blue will," which Thomas was flourishing out of bravado, to show that

he had beaten them. This led him to make further inquiries, which finally

resulted in his concluding that the "white will" was a forgery.

As the Court of Chancery regarded the question as one to be decided by a

jury the case was tried in the Queen's Bench Division, eminent counsel

being engaged on each side.

Evidence was given by David Reece, whose name appeared upon the will as

one of the witnesses. He swore that he had never seen Whalley sign a will,

but that, together with the other witness, Nash, he had put his signature

above Whalley's signature on a piece of white paper on which was some

writing in pencil.

Other evidence was then called to prove that shortly before his death

Whalley had asked Thomas to write a letter in pencil to Priestman, to

which he had appended his signature in ink. This letter Priestman had

never received.

The inference, therefore, from this evidence was that the will had been

written upon a sheet of paper from which pencil writing had been erased.

A minute examination of the "white will" disclosed the presence of traces

of the pencil marks, and words could be sufficiently deciphered to show

that they had formed part of a letter.

The evidence of a number of expert witnesses, including Mr. Holmes, the

librarian of Windsor Castle, made clear the manner in which pencil marks

upon paper which had apparently been erased might reappear. When

india-rubber is passed over the surface of the paper it removes part of

the fibres of the material but only doubles over another portion, so that

in time the latter may unroll again and uncover the writing which had for

a time been concealed by it. It was proved further that the words which

had now reappeared upon the paper were in the handwriting of Thomas.

The expert evidence that was brought fully confirmed the story of the

witness Reece, and the "white will" was pronounced a forgery.

Subsequently Thomas was tried on this charge and was convicted and

sentenced to fifteen years' penal servitude. It is strange to reflect that

had it not been for his being unable to resist the temptation of showing

his triumph over his rivals, by flourishing a blue paper, his ingenious

fraud would in all probability never have been detected.

It is scarcely likely that this paper was the original "blue will." In any

case, the latter was never discovered, but the Courts held on the evidence

laid before them that its intention should hold good, and that the money

should go to Priestman.

* * * * *

An elaborately designed forgery was detected in 1891 by the evidence

furnished by the different documents. An action was brought by a man named

Howe against the executors of a Mr. Ashton to recover £1,375, which he

alleged, had been given him in a cheque shortly before the testator's

death.

The body of the cheque was admitted to be in the handwriting of Howe who

said that he had written it at Ashton's request.

The cheque was signed "B. Ashton," whereas in the cheques (produced by Mr.

Ashton's bank) for many years previously, the signature was invariably

"Benj. Ashton," and the shorter signature was only employed in letters.

The evidence went to show that Howe had traced the signature from one of

these letters.

A further discrepancy was apparent in the form of the figure "seven," Howe

invariably forming it laboriously and with a vertical stroke at the top,

whereas Ashton had always made it in a continuous stroke. In support of

his statement Howe produced some memoranda of sums due to himself, which

he asserted to be the handwriting of Ashton.

In these the figure seven was invariably formed in the same way as Howe

made it, while the figure was never made in that fashion by Ashton.

To account for one sum of £200, which he claimed to have lent to the

deceased, Howe stated that he had borrowed the sum from his mother-in-law,

and in corroboration produced a promissory note which he said he had given

her at the time.

The note was dated 1889, and the date-mark to have coincided with this

should have been "89." An examination of this document suggested to the

judge, Mr. Justice Wills, that there had been some tampering with the

date. A hole in the paper came where the "8" should have been, the

explanation offered for this being that the paper had been put upon a

file. The appearance of the curve of what was left of the first letter,

however, was not like the curve of an "8," and by carefully working at the

back of the paper with an instrument, the torn edges of the hole were

pushed back into their place, and the figures of the year 1890 were made

plainly visible.

So carefully thought out had this fraud been that it took twelve days to

unravel the whole matter. After the exposures described above Howe

naturally lost his case, and the papers were sent to the Public

Prosecutor. Subsequently Howe was tried at the Old Bailey for forgery and

convicted.

* * * * *

The trial of Frederick Pilcher at the Old Bailey in July, 1910, on the

charge of forging his cousin's will, was notable as being the first

occasion upon which chemical evidence as to the age of modern inks has

been given.

Pilcher, who was a naval architect and colonel in the Territorials, in

Liverpool, had for many years been on very friendly terms with his cousin,

Marian Lilian Kerferd, and had been entrusted by her with the management

of some of her property.

Miss Kerferd died in March, 1909, leaving an unsigned will in which she

divided the bulk of her estate, amounting to £20,000 to £30,000, between

various relatives, while only £130 a year was left to Colonel Pilcher,

whom she had appointed her executor.

Shortly after her death Pilcher produced a signed will bearing the date of

1898, which he stated he had found among the papers of the deceased, and

in this will he was left the whole of the property and appointed sole

executor.

He obtained probate of this will and took possession of the estate,

dealing liberally with the members of the family mentioned in the unsigned

will.

The relations, however, were not satisfied with this state of affairs, and

Mr. Frank Stokes, as next-of-kin, brought an action, which Colonel Pilcher

did not defend, and succeeded in getting the probate set aside, and the

deceased lady was declared to have died intestate. In the meantime the

prisoner had succeeded in spending about £5,000 of the estate.

When arrested he stoutly denied that the will was a forgery, but after

evidence had been given at Bow Street he was committed for trial. The

writing upon the will showed a close resemblance to that of Miss Kerferd,

but the bank manager of the deceased lady stated in the witness-box that

in his opinion it was an imitation.

A remarkable fact was brought out in his evidence. Up to the year 1903

Miss Kerferd had invariably formed the letter with a particular loop, and

this was seen upon all the cheques, which had been retained by the bank.

After that date, however, she made her "k's" in a totally different

manner, and the looping of former years never occurred in any of her

writing. Now in the will alleged to have been written in 1898 it was

significant that the "k's" were formed in the manner of later years, and

not as Miss Kerferd made them in 1898.

Certain mistakes of spelling in the will were also characteristic of the

prisoner, whereas Miss Kerferd never made such slips. The names of the

witnesses upon the will, which by the way were also wrongly spelled, were

those of men who had been dead several years, but their relatives gave

evidence that these signatures were not genuine.

Evidence was also given by the present writer as to the age of the ink

upon the alleged will. The body of the will and the signatures of both

witnesses were all written in the same kind of ink--a fact of importance

in connection with the half-confession subsequently made by the prisoner.

On his appearance at the Old Bailey, Pilcher was defended by Mr. Marshall

Hall, and after two days' trial, he acted upon the advice of his counsel

and agreed to plead guilty to uttering the will, though he persisted in

his denial of having forged it.

When the prisoner's counsel rose to make this statement there was dead

silence, for everyone in court was aware that something unusual had

happened, and there passed over the room one of those feelings of tension

that make each individual in a crowd lose sight of everything except the

unfolding of the drama before them.

After calling several witnesses to the good character of the prisoner, Mr.

Marshall Hall made a strong appeal for mercy. Colonel Pilcher, he said,

had been a very intimate friend of this lady, who had frequently expressed

the intention of leaving him her money. Unfortunately, having put off

signing her will from day to day, she had died without carrying out that

intention, and unluckily for him the prisoner had found a will among her

papers, but without the signatures of the testatrix or witnesses. He now

owned that the signatures were not genuine, but did not know how they had

been put upon the will. In uttering the will he had only been attempting

to carry out the wish of the dead woman.

In mitigation of his offence it was pointed out that he had not spent all

the money he might have done, that he was over sixty years of age, and

that his wife who had known nothing of this unfortunate liaison of her

husband freely forgave him for any pain he might have caused her.

Before sentence was passed Mr. Muir, who conducted the case for the

prosecution, protested against the explanation of the finding of the will

that had been given in this confession, and said that in face of the

evidence that the ink upon the will was not more than six years old he

could not accept the view that the prisoner was not the forger of the

document.

The judge, in passing sentence, said that even now the prisoner had not

made a clean breast of the matter, for they were still in the dark as to

who had signed the names upon the will. However, taking into account the

good character that had been given to the accused by those who had known

him, and the points urged in his favour, he did not think that the extreme

measure of penal servitude was deserved, and the sentence would be one of

three years' penal servitude.

Science and the Criminal · 第 11 / 16 章