第 48 节
作者:辩论      更新:2021-02-27 01:31      字数:9308
  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