Part 56

Some habit would be included even in those efforts. But the production of handwriting rapidly and fluently always involves a recording of personal writing habit. This has been confirmed by observation of a very large number of specimens over a long period of time, and it has further been demonstrated by, on my part, having a formal responsibility for rendering decisions about the identification of handwriting based upon an agreement of handwriting habit in situations where there would be a rigorous testing of the correctness of these decisions by field investigators, for example, of the law-enforcement agencies, and a demonstration that these results were confirmed by other evidence.

This is the basis for identification of handwriting.

Mr. EISENBERG. As I understand it, you mean you would make a preliminary identification of a suspect on the basis of handwriting and it has been your experience that field investigation confirms that determination with additional evidence?

Mr. COLE. This is not what I would call "a preliminary identification." This would be a formal presentation and formal report to other persons who are interested in the problem, and the investigation would be continued from that point.

Mr. EISENBERG. Mr. Cole, is handprinting as well as cursive writing unique to every individual?

Mr. COLE. Well, I would say much of it is. Not all of it. Handprinting doesn't always give the same amount of information about writing habit as does cursive writing.

Mr. EISENBERG. Are you always able to identify the author of a writing if you have a questioned document and a standard document?

Mr. COLE. No, sir; not always.

Mr. EISENBERG. And can you expand on that?

Mr. COLE. Well, some handwriting doesn't include enough distinctive features, or in some cases there may not be enough of it to give a complete enough record of handwriting habits to be certain that you have a basis for identification.

Mr. EISENBERG. Do you need a sufficient basis in both the questioned and the standard?

Mr. COLE. Yes.

Mr. EISENBERG. Do the standards that you have selected provide a sufficient basis for making identification?

Mr. COLE. They do.

Mr. EISENBERG. Without going into every questioned document separately, do the questioned documents which you have reviewed at my request each individually provide a sufficient basis for comparison?

Mr. COLE. Yes, sir.

Representative FORD. Is there a difference of opinion in your profession as to how much or how little you need for this purpose?

Mr. COLE. Yes; I think it would vary from one worker to another, depending upon his experience in the work.

It sometimes happens that a person with limited experience may go to either one extreme or to the other. He may sometimes be rather reckless. Other times he may be extremely cautious.

Representative FORD. But the decision you have made in this case would be what other experts, in your opinion, would agree to?

Mr. COLE. I would say others with whom I am familiar, with whom I have worked and talked to, corresponded with over the years.

Mr. EISENBERG. Mr. Cole, can you characterize the skill of the author of the standards and Exhibit 773?

Mr. COLE. I would say it is an average skill.

Mr. EISENBERG. Are some of the standards prepared more skillfully than others?

Mr. COLE. Yes.

Mr. EISENBERG. Can you account for that at all?

Mr. COLE. I think there is a natural range of the use of skill in handwriting, possibly depending upon the purpose or the physical surroundings for producing handwriting or the writing instruments. When the conditions for producing handwriting are the best, and one's purpose is a perfectly free expression of his handwriting habit, then he may produce a better handwriting than when conditions are poor, such as an awkward writing position or poor writing tools.

Mr. EISENBERG. Mr. Cole, you mentioned earlier that you had prepared some photographs or charts----

Mr. COLE. Yes.

Mr. EISENBERG. Showing the standards or portions thereof?

Mr. COLE. Yes.

Mr. EISENBERG. Could you produce those charts?

Mr. COLE. Yes, sir.

Mr. EISENBERG. Now, Mr. Cole, you have produced here three large charts, each entitled "Standard Writing" and bearing the designations "A," "B," and "C" in the upper left-hand corners. Can you tell us precisely what is reflected on these charts A, B, and C?

Mr. COLE. These charts show excerpts from the standard writings, sometimes showing a portion of a line, other times showing a single word or a block of writing from the standard exhibits.

Mr. EISENBERG. Were these charts, which are in the form of photographic reproductions, prepared by you or under your supervision, Mr. Cole?

Mr. COLE. They were.

Mr. EISENBERG. Are they true and accurate reproductions of the portions of the standard writings they purport to reproduce?

Mr. COLE. They are.

Mr. EISENBERG. Mr. Chairman, may these be admitted as 784A, B, and C?

Representative FORD. They may be admitted.

(Commission Exhibits Nos. 784A, B, and C were marked and received in evidence.)

Mr. EISENBERG. Mr. Cole, have you prepared a photograph of Exhibit 773?

Mr. COLE. I have.

Mr. EISENBERG. Will you produce that photograph, please? Was that photograph 773 made by you or under your supervision?

Mr. COLE. Yes, sir.

Mr. EISENBERG. And is it a true and accurate reproduction of 773?

Mr. COLE. Yes, it is.

Mr. EISENBERG. May this be admitted as 785, Mr. Chairman?

Representative FORD. It may be.

(Commission Exhibit No. 785 was marked and received in evidence.)

Mr. EISENBERG. Now, the quality of 785, the reproduction, seems to be somewhat brighter or whiter than 773. Can you explain that? The contrast seems sharper.

Mr. COLE. Yes, that was purposely done in an effort to improve the legibility of the handwriting shown on 773. It simply involves the technique of developing the negative and making the print. It doesn't add to or take anything away from 773.

Representative FORD. It doesn't change the quality of the handwriting?

Mr. COLE. No, sir.

Mr. EISENBERG. Mr. Cole, could you please explain by reference to 785 and 784A, and B, and C, why you concluded that the author of the standards reproduced in part on 784A, B, and C was also the author of 785?

Mr. COLE. There is an agreement in details of the formation of letters which I think are distinctive to this writer.

In other words, it involves unusual departures from the conventional or copybook method of forming letters. One example is the capital letter "A" on 785 in the name "A. Hidell." The stroke on the left side of that capital is first a down stroke, which is almost exactly retracted by an upstroke.

In other words, this is more than necessary to give the bare outline of the letter, and this extra stroke is a characteristic of the standard writing, and it may be observed in a number of places on the charts A, B, and C. One place where it may be observed is on chart "C," item 8 in the capital "A" in "Orleans." We have a downstroke on the left side of the letter which is almost exactly retracted by the upstroke.

Mr. EISENBERG. This downstroke starts just above the left side of the bar across the "A," is that the downstroke you are referring to?

Mr. COLE. Yes, that is correct.

Representative FORD. Would that also be true in chart C, item 4, in the "A" in "Harvey"?

Mr. COLE. Yes. As a matter of fact, virtually every "A," capital "A" produced in the standard writing has that feature. There are some few that lack it, but it occurs often enough to show that it is a habit of this writer, and it corresponds with the "A" shown on 785.

Now, not all features of this writing are regarded as being useful for identification. Some of the more simplified forms naturally have less individuality. That would be true of the capital letter "H" in "Hidell." While I don't see any significant difference, neither does the letter have any identifying feature.

When we pass over to the letter "i" though, in "Hidell," we see a feature which is distinctive, and that is the emphasis on the first stroke of the letter, the elongation of the approach stroke. Here again is something which the writer does as a matter of habit, it is not an essential feature for producing a legible "i." And we also have the circumstance that most small letter "i's" show an increase in forehand slant. Both of these features, the emphasis of an approach stroke and the increase in forehand slant, are found in the standard writing.

Representative FORD. Would you explain in lay terms what you mean by "an increase in forehand slant"?

Mr. COLE. A slant to the right.

One place where that may be observed in the letter "i" is on chart A, item 8, in the word "it." Another place where rather an exaggerated effect of the elongation of the approach stroke may be observed is on chart A, item 3, in the "t" of the "the." Of course, this requires a similar movement as that used in producing the letter "i," and this elongation of the approach stroke agrees with the effect found on 785.

Mr. EISENBERG. Mr. Cole, in chart A, item 8, the word "in" appears. Do you see the same elongated approach stroke in that word?

Mr. COLE. It is not elongated, but it is made somewhat with extra pressure. We also have an instance of extra pressure on "i"--there is a very small bulb of ink which indicates an extra pressure on the beginning stroke. I might point that out as being a feature of the approach stroke shown in the letter "t" on chart A, item 3.

Mr. EISENBERG. Proceed.

Mr. COLE. Now, I won't mention each and every letter in this writing. When I pass over a letter, the meaning is that at that particular point I don't find anything distinctive with respect to writing habit, although at the same time I do not find any significant difference.

I now move to the combination of "l," the double "l's" in "Hidell" in 785. Here we observe that the second "l" is somewhat larger than the first, and we find from time to time in the standard writing where there are a pair of "l's" that the second is larger than the first, one example is chart A, item 5, the word "filled."

In the capital letter "B" of the word "Box" on 785, still in the upper left corner, we observe that the upper lobe of the "B," that is, the closed circular form near the top of the letter, is somewhat smaller than the lower lobe. These proportions I observed in the standard writing, one item is found on chart A, item 9, "B" of "Board."

In the capital "D" of "Dallas" on 785, the relationship of the capital loop, I mean the looped form at the top of that capital letter, is similar to that relationship which we found in "D's" of the standard writing, one item being on chart B, item 2, in the abbreviation "Dept.," and in that same item 2 the capital "D" of "D.C." along the bottom line.

Mr. EISENBERG. Mr. Cole, on chart A-6 there is another initial "D." Would you say that bears the same conformation?

Mr. COLE. Yes; it is similar, although the loop is not complete. The aspect of the cap loop, I would say, would be the same if the loop had been completed. It is not as complete there as it is in other examples.

In the word "Dallas," the terminal "s," still referring to 785, is modified from the conventional or copybook method of making that letter by being flattened out, forced far over on its side. In other words, it has an extreme forehand slant rather than standing up in a more vertical position which we would find in a copybook. The same is true of the terminal "s" in the word "Texas" in that area. Now this, too, is a habit found in the standard writings, one good example being chart B at the end of item 3, the "s" of the word "this."

In the word "Texas" a very distinctive method of forming the letter "x" is observed. Now, this involves first the production, passing directly from the letter "e" first the production of a point or cusp, and then an underhand movement similar to that which would be required for the letter "u," then with the pencil on the paper another point or cusp is produced. The word is finished with the letters "as," and then the cross bar is made in such a manner that it runs along the side of the second cusp. In other words, the basic part of the "x" form, that is, the part which is connected to the other writings, is somewhat in the shape of a shallow "u." May I demonstrate that on a pad here?

Mr. EISENBERG. Please, Mr. Cole.

Mr. COLE. I have just drawn here an "x" diagraming the form observed on 785 which shows its production of a shallow "u" shape, with the cross bar striking across the second point of that "u" shaped form. This, I say, is highly distinctive, and it is found in the standard writing in several places.

Mr. EISENBERG. Pardon me. Mr. Chairman, may I introduce that diagram as 786?

Representative FORD. It may be admitted.

(Commission Exhibit No. 786 was marked and received in evidence.)

Mr. COLE. This distinctive formation of the "x" is observed on chart B, item 4, in the word "Texas," also in the same chart B, item 13, in the word "Texas," and also item 12 on the same chart.

Mr. EISENBERG. Mr. Cole, did you say there was no pen lift after finishing the second cusp, until the letters "as" are added?

Mr. COLE. That is correct.

Mr. EISENBERG. So that the "x" is not crossed, so to speak, until the entire word is correct.

Mr. COLE. That is correct.

Mr. EISENBERG. How distinctive would you regard this form as being?

Mr. COLE. Well, I regard it as highly unusual and carrying a good deal of weight for identification purposes, because it is a wide departure from the copybook method or conventional method of making the letter, and it involves the addition of a part rather than an omission which might come from carelessness.

Still considering Exhibit 785 and inspecting the word "Air" of "Air mail," just under the stamp, I find a correspondence in the letter forms with the standard writing. Chart B, item 5, where the same word is reproduced, "Air." One distinctive feature there is the simplified method of making the shoulder of the letter "r." Where the copybook or conventional form would show first a point at the top of the "r" and then the production of a rounded shoulder, this omits the point, form and develops immediately into a rapidly sloping or curving down slope.

Mr. EISENBERG. Will you illustrate the copybook form on your chart paper, Mr. Cole?

Mr. COLE. The conventional or copybook form of this "r" would be approximately in this manner: Cusp at the top, broad shoulder on the right side.

Mr. EISENBERG. May I have that admitted as 787, Mr. Chairman, the copybook form of the "r"?

Representative FORD. It may be admitted.

(Commission Exhibit No. 787 was marked and received in evidence.)

Mr. COLE. The letter "m" in "mail" in 785, with respect to the unusually broad spread of the arches of that letter, corresponds with the letter "m" on chart B, item 6, top line, in the word "me," where we have a similar spreading of the width of the arches of the "m."

The capital "K" in the word "Klein's" on 785 compares favorably with "K's" in the standard writing, chart A, items 13 and 14.

Again, this word "Klein's" demonstrates a habit on 785 of a somewhat greater forehand slant for the letter "i," that is, as contrasted with the slant observed for the letter "e," and it also shows this tendency to flatten out or run the letter "s" along the writing lines, rather than giving it a more vertical position, and this has already been observed in the standard writing. The entire word "Dept." that is, the abbreviation "Dept," on 785, compares favorably with that word as shown on chart B, item 2, that is the same abbreviation, "Dept."

I will mention specifically two details of the letter "p." One is that it lacks an upper extension, which is a part shown in most copybook forms. In other words, there is no part of the staff--which, of course, is connected to the lower extension--which extends above the body of that letter, and that is true both as between the questioned "p" on 785 and that shown on chart B, item 2, in the abbreviation of "Dept." Another feature is the failure to bring the body in to a point where it touches the staff, and this is a frequent feature in the "p's" in the standard writing. Now, on chart B, not only in the abbreviation of the word "Dept." in item 2, but moving down to consideration of item 3 and the word "receipt," we observe a similar effect in the letter "p."

In the letter "t," a distinctive feature is the abruptness of ending that letter just before it reaches the writing line, which would differ from other letters, which touch the writing line, and many of which have a rising terminal stroke. In the questioned writing on 785 in "t" of "Dept," and also in the "t" in the abbreviation of "street" in the line below, we have just such a thing in the letter "t" which is shown from time to time in the standard writing--one example being chart A, item 13 in the abbreviation of "street." We have the same effect on chart A, item 8, in the word "it."

In the word "Washington" on 785, one distinctive feature is the curved staff of the letter "g." In other words, there is a continuous curve from the apex of the "g" down to the bottom of the lower extension, and this method of treating a "g" is repeated in the standard writing, one example being chart A, item 2, in the word "obligations."

Mr. EISENBERG. Would that also be true in chart B, item 10, in the word "Washington"?

Mr. COLE. Yes, sir; a very good example of it.

Mr. EISENBERG. Mr. Cole, that item B-10 is spelled differently from the standard, from the questioned document, rather. Does that--what is your opinion as to that variation in spelling?

Mr. COLE. There are a number of misspellings in the standard writings, and sometimes in the standard you will find words repeated in a correct spelling and at other times with an incorrect spelling. In other words, there is a variation in that respect. I think it comes partly from carelessness, not essentially from lack of knowledge of how to spell the word.

Representative FORD. These variations would be in the same letter or the same document?

Mr. COLE. Yes; sometimes.

Mr. EISENBERG. Actually there is an example of that in B-2, where Washington is spelled incorrectly?

Mr. COLE. That is correct. Now, in the combination of letters "cago" just below the word "Washington" on 785, we also have a repetition of this curved right side of the letter "g" found also in the standard writing, and another feature worth noticing there is the closing of the letter "o" rather far back on the upper left side of the letter. This is distinctive because many writers are reluctant to make leftward strokes, since the normal movement of handwriting is from left to right, and this I would say represents a writing habit in the questioned writing which is also repeated in the standard in a number of places. Chart B, in the abbreviation "no," of item 10, that is, the second segment of item 10, and also in the zero, item 11, you see a similar method of closing that circular form far back on the left side of the letter.

Representative FORD. That would appear also in B-13 in the word "to"?

Mr. COLE. Yes, sir.

Representative FORD. Is there a difference in B-15 "you"?

Mr. COLE. Yes, sir; there is, but we are dealing with a terminal form in the questioned writing. In other words, the opportunities for expressing this particular habit is present in terminal forms and not medial forms, the forms inside a word.

Mr. EISENBERG. Do you find generally or often that a writer's terminal forms or beginning forms will differ from the forms inside of the--the letters inside of the word?

Mr. COLE. Yes; in that it gives a different opportunity for expression of writing habit.

Mr. EISENBERG. So is this an unusual--is this unusual, then that the terminal form should be different?

Mr. COLE. No; not at all.

I invite attention to the exaggerated length of the comma following the figure "6" on 785. This is repeated in the standard writing on chart B, item 2, the comma following the word "chief." Also on chart B the commas in items 1 and 9, following the word "Dallas." The double "l's" of the abbreviation "Ill" on 785, again show the habit of making the second "l" somewhat larger than the first, which was previously pointed out as corresponding to the standard writing on chart A, item 5 in the word "filled."

The form of the capital letter "I" of "Ill" on 785 compares favorably with that form as on on chart B, items 3 and 4 where we have the personal pronoun "I." Now, moving now to the writing which is a part of the order form bearing the name "Klein's" on this same Exhibit 785, I will draw attention to the method of making the dollar sign before the amount "19.95." In the copybook or conventional method of making this particular sign the "=S=" shape is usually fairly prominent. In other words, the crossbars are usually subordinated to the "=S=" shape. Here we observe a very heavy pressure and exaggerated length and wide spacing of those crossbars, which almost obliterate the "=S=" shaped part of the dollar sign. This is shown in the standard writing chart B, item 6, second line, the dollar sign preceding "$2."

On this order form the figure "5" of the amount "$19.95" shows an exaggerated length of the final stroke of the "5," I mean the approximately horizontal stroke across the top of the letter. That same habit was previously observed in the "5" of the combination "2915" at the upper left of 785. Now, this method of--excuse me, let me mention one more example of that letter "5" on 785. On the order form, the figure "5" of the post office box number "2915" shows the same feature. Moving now to the standard writing, we find that treatment of the letter "5," of the figure "5," on chart B, item 7, in the combination of figures "6225." It is also shown on chart B, item 1, in the combination of figures "2915," and again in the same position, item 9 of chart B.

In the name "A. Hidell," I observe that we have a capital "H" and we have capital forms of the "l's" but the remainder of the name uses lower case letters, "ide" as lower case letters.

Mr. EISENBERG. This is in the order blank again?

Mr. COLE. Yes, sir. This habit of using a combination of capital and small letters is a habit in the standard writing. One example would be chart C, item 6, where various words show a similar mixture. For example, in the name "Oswald" we have capital forms for "O," "S," "W," and "A," but a lower case letter for the "l" and "d." Dropping down to the word "Mercedes," we have capital forms for "M," "R," "C," and "S," but in that same word the letters "e" and "d" have lower case forms. And this mixture of capitals and small letters, as I say is found frequently in the standard writing.

Mr. EISENBERG. Well, is a mixture like that infrequent--apart from the particular letters which you use as small or large letters?

Mr. COLE. Well, I would say it is a part of this man's handwriting habit to make such mixtures. Another person who might mix capital and lower case forms might perhaps select different letters for that purpose. In other words, I think in this writing we find that very frequently as to the letter "i" and the letter "e."

Mr. EISENBERG. Is the fact of mixture itself significant?

Mr. COLE. Yes; it is a part of his writing habit.

Mr. EISENBERG. How highly individualistic is the fact of mixture to this person's writing?

Mr. COLE. I regard it as having a fair weight. I wouldn't classify it with the very considerable weight we give to that distorted form of the "x" but I think it is just one more point for consideration with all of the other similarities.