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Journal of Criminal Law and Criminology Volume 54 Issue 1 March Article 11 Spring 1963 Sequence of Writings Linton Godown Follow this and additional works at: hps://scholarlycommons.law.northwestern.edu/jclc Part of the Criminal Law Commons , Criminology Commons , and the Criminology and Criminal Justice Commons is Criminology is brought to you for free and open access by Northwestern University School of Law Scholarly Commons. It has been accepted for inclusion in Journal of Criminal Law and Criminology by an authorized editor of Northwestern University School of Law Scholarly Commons. Recommended Citation Linton Godown, Sequence of Writings, 54 J. Crim. L. Criminology & Police Sci. 101 (1963)

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Page 1: Sequence of Writings - Northwestern University

Journal of Criminal Law and CriminologyVolume 54Issue 1 March Article 11

Spring 1963

Sequence of WritingsLinton Godown

Follow this and additional works at: https://scholarlycommons.law.northwestern.edu/jclc

Part of the Criminal Law Commons, Criminology Commons, and the Criminology and CriminalJustice Commons

This Criminology is brought to you for free and open access by Northwestern University School of Law Scholarly Commons. It has been accepted forinclusion in Journal of Criminal Law and Criminology by an authorized editor of Northwestern University School of Law Scholarly Commons.

Recommended CitationLinton Godown, Sequence of Writings, 54 J. Crim. L. Criminology & Police Sci. 101 (1963)

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SEQUENCE OF WRITINGS

LINTON GODOWN

The author is an Examiner of Questioned Documents with offices in Chicago, Illinois, and Memphis,Tennessee. Mr. Godown has previously published articles in this journal and other technical publica-tions, is a past-chairman of the Document Section of the American Academy of Forensic Sciencesand is a member of the American Society of Questioned Document Examiners. His present paper isbased upon a presentation prepared for an annual meeting of the American Society of QuestionedDocument Examiners several years ago which was revised and augmented in the light of special re-search done by Mr. Godown in preparation for the 1962 meeting of this society.-EDITOR.

it is frequently of the utmost importance todetermine, if possible, which of two touchingwritings was last written. Solution of sequenceproblems may relate directly to the issue of au-thenticity or may on the other hand affect theissues only indirectly; such as to confirm or refutetestimony of alleged eyewitnesses and thus givesome insight into their reliability with regard toother matters testified about.

Many scientists have pointed out, observationsare made in the light of experience. As Goetheput it, "We see only what we know". Thus experi-ments with writing carried out with many similarand diverse materials under known conditionsprovide the essential experience background whichpermits recognition of dues to sequence en-countered in actual problems. To interpret anyavailable due to writing sequence and grasp itssignificance requires a "prepared mind".

As with many other aspects of writing, theexaminer who expresses an opinion regarding thesequence of writings, which is not based on ex-tensive first-hand experiences and observations,may be inaccurate and invites possible embarrass-ment. Many experiments, using various writingmaterials, stroke sequences and surroundingconditions, should be undertaken and the resultscarefully studied. In many instances it is instruc-tive to observe the actual behavior of writings incrossing of lines under considerable magnificationas the writing takes place. A variety of conditionswill be found to sometimes but not invariablyaccompany specific writing sequences. Only thediscovery of similar concrete evidence in actualproblems justifies forming and expressing anopinion regarding writing sequence.

Extensive experiment with test material is surealso to establish that definite physical indicationsof writing sequence are not invariably present.Even though two writings touch at several points,

it is not unusual to find that most points of contactprovide no reliable evidence of the writingsequence. It logically follows that in dealing withany specific problem, failure to discover concreteevidence of sequence of one of two possibilitiesdoes not prove that the sequence was the other ofthe two possibilities. The folly of drawing definiteconclusions from and attempting proof of a nega-tive proposition is well known. An opinionregarding order of writing to be sound must bebased on definite, demonstrable evidence and notthe failure to observe evidence. If no definiteindicatiohs are found, the answer is "I don'tknow", or "No opinion is justified". Natural,logical writing sequence should be assumed; andonly contradicted when definite conclusive physicalevidence of unnatural sequence has been dis-covered. Impressions of sequence not subject torecording and demonstration to others should bedisregarded.

EXAMINATION PROCEDURES

The most useful techniques at the disposal of thedocument examiner are observational. Variousviewing aids from simple magnifiers to elaboratemicroscopes may be used. By far the most usefuloptical aid is the steroscopic microscope. Withsome problems its utility may be extended byabandoning the vertical viewpoint customarilyused in favor of observing the crossing at an angle.This is easily done using hand magnifiers but withthe microscope -this technique requires either onewith an inclination joint or the construction ofsome sort of special sloping stage.

For most problems, magnifications of less than50X prove the most useful. Only an occasionalproblem will require the use of higher powers.On rare occasions the shallow depth of field ofhigher power objectives of the monocular micro-

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LINTON GODOWN

scope may be of assistance in estimating depth of

indentations or position and thickness of coatings.

Lighting control sometimes aids greatly in

accurate interpretation of some conditions en-

countered. The familiar incident illumination

with facilities for control of intensity and direction

are those of the greatest usefulness. Many styles

of commercial microscope illuminators are appro-

priate. The more concentrated raw light sources

are frequently preferred to the broad diffusedlight types as delicate evidences of sequence are

sometimes lost under diffused shadowless lighting.

Such lightings tend to reduce both visual contrast

and color saturation. Discrimination of fine detail

is generally improved by high level lighting.

An interesting application of the 2-lamp fluores-

cent lights attaching directly to the microscopeis to fit them with lamps of differing color, i.e., one

blue and one green. The resulting dual color

illumination enhances stereo effects in some in-

stances of line crossing examination.Observation of surface texture and irregularities

may be improved by use of low-angle, grazing

illumination. For psychological reasons, inter-

pretation may be improved by illumination from

the upper left of viewing position. With some

classes of sequence problems, specular reflection

(the mirror-like reflections from the surface) is

essential.Experience indicates that transmitted light

occasionally offers assistance in specific situations.

Except in rare instances, ultraviolet fluorescence

or infrared radiation have so far not proved usefulin examining writing sequence problems.

Occasionally, difficult illumination problems

can be met by use of a concentrated light sourcewhich is adjustable in position from nearly hori-

zontal to substantially vertical positions. Withinfrequent problems, the incident illumination

controls possible at high magnification, such as are

obtained through the use of Leitz Ultropak equip-ment, may prove useful.

Color filters have occasionally found use in

sequence examinations. Polarized light has been

found particularly helpful. When the area ofcontact of writings is illuminated by a specularly

reflecting beam of plain polarized light, the surface

reflections may be emphasized or eliminated ac-

cording to the axis orientation of a polarizing

viewing filter. With crossed axes the details of the

subject are revealed without surface glare, which

aids observation of some conditions. With axes

parallel, specular reflection is emphasized bypartial reflection of the diffused light from back-

ground so that surface reflections are thrown intohigher contrast. These two conditions can beaccomplished using a single circular polarizingfilter placed in contact with the document. Bothlighting and viewing take place through the filter.With its circular face down, all specular reflectionis eliminated. With its circular face up, the oppo-site effect is obtained, specular reflection is en-hanced and background subdued. Because of theinherent light losses of polarizing material, rela-tively strong lighting is required for best results.

Just as some examiners find it desirable toexamine documents "from the four comers" it iswell to observe each line crossing or other sequenceproblem from viewpoints along the axes of eachof its lines from both directions. Sighting alongthe margins of each line under magnification maybe most instructive. An inclined viewpoint is alsofrequently of some assistance in this type of in-spection.

OPTICAL ILLUSIONS

Document examiners should be aware of themisleading optical illusion that the darker of twocrossing lines appears to be uppermost whetherit is or not. The illusion is readily demonstrated.It should stand as a perpetual warning, cautioningagainst reliance on superficial appearance or"impressions" in commenting on sequence ofwritings.

Scientific American, May 1962, contains anarticle by Ivo Kohler "Experiments with Goggles".In it he describes "color-stereo" effects, and depthillusions are examined and explained. Such illu-sions may result from the design and constructionof optical instruments or from inherent qualitiesof the normal eye. U-V fluorescence observed undermagnification may exhibit this stereo illusion.Some fluorescing lines appear to stand out fromthe paper surface. The effect is enhanced by thetendency of fluid inks to dry with more densedeposits at margins than in central areas. Thisresembles conventional representations of thecylinder. The possibility of depth or stereo illusionshould be recognized when interpreting observa-tions in sequence problems.

PHYSICA EVIDENCES OF WRITING SEQUENCE

Some classification of the aspects and qualities

to be observed in writing which may offer somereliable indication of writing sequence is useful.Four broad classes of conditions may be encoun-tered, as follows:

1. Disturbances in the paper of the writing

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SEQUENCE OF WRITINGS

background, i.e., surface rupture, changedabsorbency.

2. Modification of first writing material broughtabout by the second writing or subsequentoperations.

3. Inherent qualities of the subsequent writing.4. Modifications of the subsequent writing

because of the prior presence of the firstwriting.

The manifestation and the clues provided by thesevarious significant aspects of the writings may beinfluenced and modified by many factors. Fore-most among the many variables and modifiers are:

1. The particular combination of writing ma-terials involved; papers, pens, pencils,carbon, etc.

2. The direction and speed of the writing move-ments, frequently readily determined byinspection of pencil and ball pen writingat high magnification.

3. The quantity of marking material depositedon the paper. Fraudulent writing is fre-quently the result of slow, deliberate move-ments resulting in unusually heavy inkdeposits where fluid ink is involved.

4. Qualities of the writing instruments, pennib condition, foreign materials, chippedpen ball, etc.

5. Pressures during the writing acts evidencedby indenting the paper surface.

6. The time interval between writings.7. The writing background, its texture, absorb-

ency, folding, etc.8. The rigidity, flexibility, or pattern of the

writing support.In examining any specific problem, evidence

from several classes affected by variables may bediscovered, or nothing of any real significanceobserved. In the list of specific clues to sequence tofollow, many writing materials have been- con-sidered, such as:

Randwriting:

Fluid Ink.Nibbed pens.Ball stylographic and lettering pens.Ruling pens.Brushes, felt and bristle.

Dry Pigments.Graphite pencils.Dye and pigment mixtures.Colored pencils.Wax crayons.Carbon paper impressions.

Viscous Inks.Dye and/or pigment mixtures.Liquid graphite.N.C.R. papers.

Mechanical Writings or Operations:

Ink Impression.Typewriting (fabric ribbon).Rubber stampings.Metal stamping.

Carbon Impressions or Transfers.OriginalMulti-copy.

Perforations:

Pierced-Pins, staples, etc.Punchings-Hole (cancellation coding).

Shredding, i.e., check writer.

Evtbossing-Seal.Folds or Seams.

Almost any combination of writings or opera-tions from this summary may be involved in aparticular problem. Those most commonly en-countered involve either two handwritten linesin contact, or a typewriting and a handwriting incontact. An occasional problem may arise whichinvolves offsets or transfers of writing impressions.Appreciative knowledge of the ingredients, be-havior, and interreactions of many writingmaterials is essential to intelligent interpretationof evidence of line sequences.

CLUES TO WRITING SEQUENCE

1. Background Conditions

a. Some fiber forming the paper surface may bedislodged, displaced, or distorted by one ofthe writing strokes in a way that demon-strates sequence. When observed, thisusually has resulted from the sharp pen-point cutting and tearing away a fiber orbundle of fibers. Where the fibers carry astain of the previously written line, thiscondition can be most persuasive.

b. The depressions in the paper formedby the writing instruments may by con-tinuity or interruption of wall or troughindicate sequence. Such conditions arelikely to involve pen nib tracks or furrowsleft by split or ball pen points. Best ob-served by adjusting illumination so thatwalls or troughs are specularly reflectingincident light, conditions under whichany discontinuity will be most easily seen.

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LINTON GODOWN

c. Rupture of paper surface by folding,embossing, punching, scratching, or cuttingof pen nibs, staple or pin holes may affectits absorbency and local reaction withsubsequently applied writing materialsof several classes. Transmitted light mayassist in detecting slight reactions of thistype.

2. Modifications of First Writing

a. The action of the tip of the writing instru-ment may serve as a burnisher or polisherof the existing writing. This effect is mostlikely in hand or machine carbon impres-sions where the original matt surfaceddeposit is wax containing and easilypolished by later ball or fluid ink pen action.Specular reflection is helpful.

b. The continuous concentration of dye at themargin of a fluid ink line is interrupted bythe action of the fluid of the subsequentwriting redissolving and redistributingthis marginal deposit dye. The continuityof marginal dye deposit is best followedusing specular reflections.

c. The soluble dye of the first writing is dis-solved and dispersed or redistributed alongthe later line. This effect differs somewhatin appearance from the type of flow-outobserved running from the later to thefirst written line. It has a more diffusedappearance, lacking sharp margins, andshould not be confused with the commonflow-out type of clue.

d. The dye of the first written line is redissolvedby the subsequent writing and picked upby the blotter at the time of blotting of thesecond written line.

e. Pigment or dye solids of the first written lineare displaced by the action of the secondwriting. Barr reported observing thiscondition where the black pigment of apencil line was dragged from its originalsite by a crossing red pencil line.' Similarconditions may occur with other pencilcombinations or when a sharp pen pointdrags ball pen, pencil, or insoluble ma-terials of a fluid ink away from point oforiginal deposit.

f. Grooves or stria running with a first writtenpencil line may show interruption by

'R. E. Barr, St. Paul, Minnesota, during a groupdiscussion of sequence evidence at a meeting of theAmerican Society of Questioned Document Examiners.

subsequently written line. Specular re-flection helpful with such problems.

g. Where hole punching has produced a raisededge or burr on the side away from direc-tion of punch movement, subsequentwriting may affect the regularity of thisburr to reveal sequence.

h. The crust of ink forming an ink line may besufficiently brittle to chip and flake off asthe result of later folding of paper.

3. Aspects Inherent in Later Writing

a. Continuous, uninterrupted grooves or striain uppermost of two pencil strokes. Specularreflection is very useful for observing thiscondition. Caution is required in consider-ing stria where one stroke is in ink astransparent ink may not affect stria overwhich it passes.

b. Continuous, uninterrupted marginal dyeconcentration of uppermost fluid inkwriting. Specular lighting, using the metal-lic surface reflections helpful, particularlyin dealing with dark inks. Transmittedlight is also of value at times.

4. Subsequent Writing Modified by Original Writing

a. The running out or spreading of fluid inkinto existing ink line. This effect may bevery slight in some instances and it ishelpful to observe crossing at an angle andin both directions along the length of eachof the lines.

b. Somewhat similar effects have been observedwhere the original writing may be rubberstamp, ball pen or typewriting containinghygroscopic materials affecting absorb-ency of paper. The subsequent fluid ink,particularly if laid down heavily, mayspread within paper structure. As this isnot solely a surface condition, transmittedlight helps materially to discover conditionespecially with dark materials. See figure 1.

c. With some typewriting and subsequentheavy fluid ink deposit, a similar flow-outeffect may result from fluid following thetype depressions, deeply embossed in thepaper surface. Again transmitted lightmay prove helpful.

d. Some writing materials such as pencil pig-ments, ball pen, and typewriting ribboninks contain water repelling substancespicked up by pen point to cause repulsionof aqueous inks. This effect is likely to be

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SEQUENCE OF WRITINGS

FIGUIR IShowing fluid ink line touching upper part of typewritten letter "f". A By reflected light. Arrow indicates area

where possible flow of lighter colored fluid ink into black typewriting impression cannot be observed with cer-tainty. B Same area by transmitted light, showing a distinct flow of fluid ink into the existing type impression.This suggests the utility of transmitted light for inspection and illustration of this and similar classes of evidence.Note also the improved paper fiber definition afforded by transmitted light photography.

prominent on the side of intersection in thedirection of pen movement. See figure 2.

e. A similar discontinuity of fluid ink depositmay be observed within the confines of thetypewritten impression. Specular andtransmitted lighting are both helpful.

f. Uniformity of line interrupted by depth ofdepression of first writing. Observed insome ball, fluid ink, typewriting situationsas well as with embossing, printing, etc.The second writing does not reach downinto the first made depression, there is a

"skip" caused by the depression (figure 3).At times with ball pens and pencils thetrack is narrowed where it encounters theexisting furrow. See figure 4.

g. An increase in marginal concentration of dyeof fluid ink at crossing over typewriting,as evidenced by specular metallic surfacecolor reflected. The condition may be dueto slower drying of the ink directly over atypewriting impression containing hygro-scopic ingredients. Not all fluid inks, norall typewritings, result in this condition.

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LINTON GODOWN

FIGu, 2Upper. Waxy or fatty ingredients of the first written (horizontal) pencil line affect the later fluid ink line (verti-

cal). Arrows point to distinct repulsion effects of the antagonistic water vs. oil writing materials. Lower. Similarrepulsion effects involving ball pen ink (vertical, first written) and the horizontal black fluid ink line. Note grayarea of little ink density to left of ball pen line (hollow arrows) and abrupt high density ink margin at right ofball pen line (solid arrows).

Observation of this colored light may beaided by slight shifts from sharpest focus.

h. The opposite of the phenomena of (g) hasbeen observed, a lessening of marginaldeposit over the typewriting. In someinstances this has been observed as aslight diffusion resulting in a less sharp,well defined ink line margin than occurs onthe paper at either side of the typewritingimpression.

i. Deflection of writing instrument tip bypresence of holes punched for accounting,

cancellation, fastening, etc. purposes.j. Uneven deposit of ink or pigment of last

writing at crossing because of furrow offirst stroke. This condition found with

some ball pen and other writing is mani-

fested by a tendency toward light marking

at the near side of furrows and heavierinking at the far side of the existing stroke,

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SEQUENCE OF WRITINGS

FIGURE 3Crossing ball pen lines showing skip of trough of existing ball pen furrow (vertical) and piling up of ink at ridge

on side toward which the ball pen moves. A Pigment in both lines. Light arrows show direction of movement,heavy arrows point to significant ink deposit. This condition is only occasionally encountered clearly defined andrequires careful evaluation. B Dotted line indicates axis of uninked ball pen furrow. Hollow arrows point to areaof skip while solid arrows indicate blob of ball pen ink deposited on far ridge of furrow by advancing pen.

as the ball or nib skips at the near sideand strikes the slight ridge or wall moreheavily as it moves on.

CLUES To RELATIVE TImn OF WRITING

Occasionally conditions observed during writingsequence investigation may suggest somethingregarding possible time lapse between the touchingwritings. Typical significant qualities are:

a. Maturity of ink of first stroke affecting itssolubility in or other reaction with suc-

ceeding writing may be helpful, i.e., in-soluble and unaffected by crossing strokeor, on the other hand, evident running outwhich took place prior to oxidation, mightbe indicative.

b. The hygroscopic qualities of some slowdrying rubber stamp, ball pen, and type-writing inks continue over some time,possibly days, under some atmospheric orstorage conditions.

c. The greasy repellant effect of some type-

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LINTON GODOWN

FIouRx 4Illustrating narrowing of ink deposit of last written ball pen line at point of crossing existing ball pen furrow

sometimes encountered. A Crossing ball pen line. Both lines show ink deposit but narrowing hour-glass-like depositof last written line clearly shown. This condition results from the presence of the horizontal ball pen furrow. BShows the same effect with horizontal uninked ball trace, (axis indicated by dashed line).

writing impressions disappears with pas-sage of time. Presence of repulsion wouldsuggest relatively contemporaneous writ-ings, at least not separated by weeks ormonths.

d. Paper surface fibers, while soft and stillmoist, are more readily displaced by thefriction of the crossing stroke.

e. Some ball pen inks tend to penetrate or bleedthrough paper in time.

f. Offset of ink to associated sheet may provideclue.

g. Transfer of pigment or carbon coating com-prising existing writings by subsequentwriting. This may involve pickup of ma-terial from other sources by writing pres-sure as well as transfer away.

As with sequence problems, caution and reserveshould dominate any expressions of opinion re-garding relative time of writing. The reminder of

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SEQUENCE OF WRITINGS

the lack of value of negative findings and theabsence of criteria will bear repeating.

ILLUSTRATING SEQUENCE EVIDENCE

Special photographic methods are rarely ofhelp in determining sequence. However, photog-raphy is of the utmost importance in recording anddemonstrating the evidence of sequence to others.Usually, this requires photomacrography andphotomicrography. Much ordinary black andwhite photography may result in disappointmentas sequence criteria usually involve colored ma-terials, fine detail and delicate, subtle interpreta-tion of spatial relationships, sheen, texture, etc.,suitably recorded in color. Transparency viewingdevices are seldom equalled by other photographicmethods for effective display of fine detail.

Most examiners agree that the most usefulinstrument for observing writing sequence condi-tions is the stereoscopic microscope. It seems tofollow logically that the ideal method of illustrat-ing what is thus observed would be stereo photog-raphy, color stereo photography. Although somefew individuals may lack stereoscopic visual skills,their non-stereo interpretations of color trans-parencies seen by hand viewer would seem to atleast equal, probably greatly surpass, their com-prehension of the less realistic black and whiteprint representations of the same material. Equip-ment for simplified color-stereo photographyusing stereo microscopes is readily available incommercial outfits or can be assembled fromavailable camera, optical, and laboratory equip-ment.

CONCLUSIONS

Both experience and controlled experimentsindicate that numerous physical conditions mayprovide reliable evidence of writing order orsequence. Concrete evidence is not invariablypresent. The stereo microscope accompanied byflexible incident and transmitted lighting providesthe most useful examination equipment. Clues tosequence should be interpreted cautiously in thelight of first-hand experiences. Negative evidenceor failure to observe clues should be disregarded.Evidence not subject to review or demonstrationto others must be considered with caution. Occa-sionally, conditions may justify cautious state-ments regarding lapse of time between touching

writings. Color-stereo photo-micrography appearsto offer maximum promise as an illustratingmedium.

AuTxoR's NOTE

Special comment on the illustrations seemsdesirable in view of the unusual circumstancesculminating in the present publication. Because oflong standing dissatisfaction with black and whitephotographic methods applied to illustrating linesequence problems, an effort was made to usemodem color films, stereography, and electronicflash to prepare more useful illustrations to demon-strate line sequence evidence. In a paper reportingon the results achieved at the 1962 meeting ot theAmerican Society of Questioned Document Ex-aminers, numerous illustrations in color-stereowere prepared for display, either by projection orband viewer. To accompany this paper on colorstereo, an outline of line sequence evidence pre-pared several years ago was reviewed, expandedand brought up to date in the form of the presenttext. Because of the publication limitations, theoriginal color-stereo illustrations were not appro-priate, and it became necessary to resort tospecially prepared black and white photographs,the process whose disappointing nature promptedthe original investigation.

All of the accompanying black and white photo-micrographs (20 X) were made from exposures on35 mm. Plus-X film. Leica Micro-Ibso equipmentwas employed, using a standard Spencer monocularmicroscope fitted with a 6 X, 0.30 NA achromaticobjective. The particular combination providesenlargement of 20 X at the film plane. All lightingwas by incident or reflected light with the exceptionof the single transmitted light illustration, figurelB. Exposures were made using a single 480 Volt5 Watt/Second electronic flash employing a lampof special design positioned about 1" from thearea photographed. The transmitted lightexposure, figure 1B, was a 50 W/S flash. Powerfor the electronic flash is supplied by a circuitoperating from ordinary power lines and permit-ting selection of energies from 2 W/S to 155 W/Sper flash. Higher light values are achieved whenneeded by multiple flash. The flash equipmentwas designed and assembled particularly for usewith daylight color film and color photomicrog-raphy, using stereo and other microscopes.

1963]