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forty centuries of ink-第48章

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checks as drawn by Davis or in failing to discover

the forgeries at an earlier date than that at which

they were made known to them。



〃The relation existing between a bank and a

depositor being that of debtor and creditor; the

bank can justify a payment on the depositor's account

only upon the actual direction of the depositor。

'The question arising on such paper (checks)

between drawee and drawer; however; always relate

to what the one has authorized the other to do。

They are not questions of negligence or of liability

to parties upon commercial paper; but are those of

authority solely。 The question of negligence

cannot arise unless the depositor has in

drawing his cheek left blanks unfilled; or by some

affirmative act of negligence has facilitated the

commission of a fraud by those into whose

hands the check may come。' (Crawford v。 West

Side Bank; 100 N。 Y。 50。) Therefore; when the

fraudulent alteration of the checks was proved; the

liability of the bank for their amount was made

out and it was incumbent upon the defendant to

establish affirmatively negligence on the plaintiff's

part to relieve it from the consequences of its

fault or misfortune in paying forged orders。 Now;

while the drawer of a check may be liable where he

draws the instrument ill such ill incomplete state

as to facilitate or invite fraudulent alterations; it

is not the law that he is bound so to prepare the

cheek that nobody else call successfully tamper

with it。 (Societe Generale v。 Metropolitan Bank;

27 L。 T。 'N。 S。' 849; Belknap v。 National Bank

of North America; 100 Mass。 380) In the present

case the fraudulent alteration of the checks was

not merely in the perforation of the additional

figure; but in the obliteration of the written name

of the payee and the substitution therefor of the

word 'Cash。' Against this latter change of the

instrument the plaintiffs could not have been expected

to guard; and without that alteration it

would have no way profited the criminal to raise

the amount。 。 。 。〃



A Pinkerton case of international repute; best

known as the 〃Becker〃 case; included the successful

〃raising〃 of a check by chemical means from

12 to 22;000。 The criminal author of this stupendous

fraud was Charles Becker; 〃king of forgers;〃

who as an all round imitator of any writing and manipulator

of monetary instruments then stood at the

head of his 〃profession。〃 Arrested and taken to

San Francisco he was brought to trial。 Two of his

〃pals〃 turned state's evidence; and Becker was sentenced

to a life term。 Through an error on the part

of the trial judge he secured a new trial on an appeal

to the Supreme Court。 The jury disagreed on a second

trial; but on the third trial he was convicted。

Becker pleaded for mercy; and as he was an old

man and showed signs of physical break…down; the

court was lenient with him。 Seven years was his

sentence。



After his incarceration in San Quetin prison; he described

in one sentence how he had risen to the head

of the craft of forgers。 〃A world of patience; a heap

of time; and good inks;that is the secret of my success

in the profession。〃



On completing his sentence; his reply to the question;

〃What was the underlying motive which induced

you to forge?〃 was one word; 〃Vanity!〃



The detailed facts which follow are from the 〃American

Banker:〃



〃On December 2; 1895; a smooth…speaking man;

under the name of A。 H。 Dean; hired an office in

the Chronicle building at San Francisco; under the

guise of a merchant broker; paid a month's rent in

advance; and on December 4 he went to the Bank

of Nevada and opened an account with 2;500

cash; saying that his account would run from

2;000 to 30;000; and that he would want no

accommodation。 He manipulated the account so as

to invite confidence; and on December 17 he deposited

a check or draft of the Bank of Woodland;

Cal。; upon its correspondent; the Crocker…

Woolworth Bank of San Francisco。 The amount was paid

to the credit of Dean; the check was sent through

the clearing…house; and was paid by the Crocker…

Woolworth Bank。 The next day; the check having

been cleared; Dean called and drew out 20;000;

taking the cash in four bags of gold; the teller not

having paper money convenient。 He had a vehicle

at the door; with his office boy inside as driver; and

away he went。 At the end of the month; when

the Crocker…Woolworth Bank made returns to the

Woodland Bank; it included the draft for 22;000。

Here the fraud was discovered; and here the lesson

to bankers of advising drafts received a new

illustration。 The Bank of Woodland had drawn no

such draft; and the only one it had drawn which

was not accounted for was one for twelve dollars;

issued in favor of A。 H。 Holmes to an innocent…

looking man; who; on December 9; called to ask

how he could send twelve dollars to a distant

friend; and whether it was better to send a money

order or an express order。 When he was told he

could send it by bank draft; he seemed to have

learned something new; supposed that he could

not get a bank draft; and he took it; paying the fee。

Here came back that innocent twelve…dollar draft;

raised to 22;000; and on its way had cost somebody

20;000 in gold。



〃The almost absolute perfection with which the

draft had been forged had nearly defied the detection

of even the microscope。 In the body of the

original 12 draft had been the words; 'Twelve

。。。。。。。。 Dollars。' The forger; by the use of some

chemical preparation; had erased the final letters

'lve' from the word 'twelve;' and had substituted

the letters 'nty…two;' so that in place of the

'twelve;' is it appeared in the genuine draft;

there was the word 'twenty…two' in the forged

paper。



〃In the space between the word 'twenty…two'

and the word 'dollars' the forger inserted the

word 'thousand;' so that in place of the draft

reading 'twelve dollars;' as at first; it read

'twenty…two thousand dollars;' as changed。



〃In the original 12 draft; the figures '1' and

'2' and the character '' had been punched so

that the combination read '12。' The forger had

filled in these perforations with paper in such away

that the part filled in looked exactly like the field

of the paper。 After having filled in the perforations;

he had perforated the paper with the combination;

'22;000。'



〃The dates; too; had been erased by the chemical

process; and in their stead were dates which

would make it appear that the paper bad been presented

for payment within a reasonable length of

time after it had been issued。 The dates in the

original draft; if left on the forged draft; would

have been liable to arouse suspicion at the bank;

for they would have shown that the holder had departed

from custom in carrying; such a valuable paper

more than a few days。



〃That was the extent of the forgeries which

had been made in the paper; the manner in

which they had been made betrayed the hand of

an expert forger。 The interjected hand…writing

was so nearly like that in the original paper that it

took a great while to decide whether or not it was

a forgery。



〃In the places where letters had been erased by

the use of chemicals the coloring of the paper had

been restored; so that it was well…nigh impossible

to detect a variance of the hue。 It was the work

of an artist; with pen; ink; chemicals; camel's hair

brush; water colors; paper pulp and a perforating

machine。 Moreover the crime was eighteen days

old; and the forger might be in Japan or on his

way to Europe。 The Protective Committee of the

American Bankers' Association held a hurried consultation

as soon as the news of the forgery reached

New York; and orders were given to get this

forger; regardless of expensehe was too dangerous

a man to be at large。 It was easier said than

done; but the skill of the Pinkertons was aroused

and the wires were made hot getting an accurate

description of Dean from all who had seen him。

Suspected bank criminals were shadowed night and

day to see if they connected with any one answering

the description; but patient; hard labor for

nearly two months did not seem to promise

much。〃



Not satisfied with their success in San Francisco

these same bank workers began a series of operations

in Minneapolis and St。 Paul; Minnesota。 This information

by chance reached the Pinkertons who laid

a trap and captured two of the gang。 Shortly afterward

Becker on information furnished by them was

also arrested; taken to California and after three separate

trials as before stated; sent to San Quetin。



This triumph of the forger's art; I examined in the

city of San Francisco and although it was not; the first

time I had been brought into contact with the work of

Becker; was compelled to admit that this particular

specimen was almost perfect and more nearly so with a

single except
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