A well-known banker, writing to the author of this work, makes some points on the subject which are rather disturbing. His fundamental proposition is that the judgment of experts is of no value when based as it ordinarily is, only upon an inspection of an alleged fraudulent signature, either with the naked eye or with the eye aided by magnifying glasses, and upon a comparison of its appearance with that of a writing or signature, admitted or known to the expert, to be genuine, of the same party.
He alleges, in fact, that writing and signatures can be so perfectly imitated that ocular inspection cannot determine which is true and which is false, and that the persons whose signatures are in controversy are quite as unable as anybody to decide that question. Nevertheless, the law permits experts to give their opinions to juries, who often have nothing except those opinions to control their decisions, and who naturally give them in favor of the side which is supported by the greatest number of experts, or by experts of the highest repute.
Decisions upon such testimony this banker regards as no better than, if quite as good as, the result of drawing lots. Of course he cannot mean to include under these observations, that class of forgeries which are so bunglingly executed as to be readily detected by the eye, even of persons not specially expert. He can only mean to say that imitations are possible and even common, which are so exact that their counterfeit character is not determinable by inspection, even when aided by glasses.
At first blush this contention of the banker is extremely a most unsatisfactory view of the case, and the more correct it looks likely to be, the more unsatisfactory. Courts may go beyond inspection and apply chemical on the tests, but such tests cannot be resorted to in the innumerable cases of checks and orders for money and property which are passed upon every day in the business world, and either accepted as genuine or rejected as counterfeit. But the real truth is, in fully ninety-nine cases out of a hundred, that no check or order is paid merely upon confidence in the genuineness of the signature, and without knowledge of the party to whom the payment is made, or some accompanying circumstance or circumstances tending to inspire confidence in the good faith of the transaction. In that aspect, the danger of deception as to the genuineness of signatures loses most of its terrors.
It is one of the recognized rules of court to admit as admissible testimony, the opinions of experts, whether the whole or any specified portion of an instrument was, or was not written by the same hand, with the same ink, and at the same time, which question arises when an addition to, or alteration of, an instrument is charged. It must be recollected that at this time It is a very easy matter for experienced forgers and rascals to so prepare ink that it may appear to the eye to be of the age required, and it is next to impossible for any expert to give any information in regard to the age of a certain writing. In many instances experts have easily detected the kind of ink employed, and have also successfully shown the falsity of testimony that the whole of a writing in controversy was executed at the same time, and with the same ink.