The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1898-02-04
E1torted Confessions and "Sweat
Box" Work Are Not Legal.
so SAYS THE SUPREME coTRT.
Burglar James NeCollum VIII Re-
Gordon Believes He Was Con Wet.
ed a. q Result of Unlawful Police
Warn One-What Mr.. Gordon Says.

James McCoilum. who was sentenced
from this county on December %, 1855. to
eight years in the penitentiary at WAlla
waIla, after having been convicted on q
charge Of burglary by a jury. is TO have a
new trial. The remittitur in the case
was received yesterday from the clerk OF
the supreme court. II reverses the judg-
ment of the court and remands the case
for q new trial. The case was consid-
cred by Supreme Judge Gordon and was
sent back for a new trial because McCol-
lum's conviction was secured on a con-
fess;on of John Wilson. who was impl-
Gated In the burglary. The opinion 10
an important one as 1t settles the ques-
ton of admitting the confession OF one
other The opinion goes into the matter
OF police methods in securing confessions
from prisoners and strongly condemns
the methods.
On the night of October 81, 1896. Howe's
saloon, on the corner of Railroad avenue
ard Main street, was burgarized. The
three men vino did the work were dis
when leaving the saloon. After firing sew
erai shots he succeeded in capturing two
of the trio, who gave their names as John
Wilson and George w. ketchem. The
real name of ketchem was James Nc
Collum. Both were convicted after sep
arate trials on December 70. 1886. Nc
Colium got eight years. An appeal WAS
taken in his case. On March he was
released on bonds In the sum of 81 600,
srniS cd hyy 4
and McCollum's brothers, w. II. McCol-
lum and NJ. NJ. McColium.
The opinion just handed down by Judge
Gordon sets forth that one error alone
is relied on for reversal. During the trial
Chief OF Police G. 5. Reed testified tina,
Wilson had confessed TO him. From
Chief Reeds testimony Judge Gordon
quotes as follows:
The Police Methods.
Il had Wilson brought from his cell
into my office and he told me that on the
day preceding the burglary McCoilum and
the other man put up the job and asked
him to participate and he consented; that
McCollum entered the place through the
transom over the front door. / sent for
MeColium and asked him what he had to
say in relation To the matter and he de-
MED all knowledge Of the transaction. /
asked Wilson to repeat his story in McCol-
lum's presence which he did,
Chief Reed further testified that he had
McCollum placed in the dark cell. known
as the sweat box" in order 10 secure a
confession: that officers visited him every
day. asking him If he was ready to con-
TESS, and that If he had confessed he
would have been given better quarters.
Then comes the interesting part of Judge
Gordon's opinion. He says:
Reeds Testimony NOt Legal.
I'VE think the motion of the appellants
counsel TO exclude the testimony of Wit
ness Reed should have been granted. AS
legal custodian of these prisoners, the
chief Of police was only authorized by
law to confne and safely keep them to
the end that attendance might be secured
at the trial. To keep an accused person
In dark cell In order to obtain a
fession from him is to punish him for re-
fusing to confess, and the act of so keep
ing him constitutes n continued threat
To say that the law win not permit con-
fossion made under such circumstances
TO he given In evidence is 10 state a prop
osI'ion which needs neither argument nor
authorities 10 support. The mere state
ment of the proposition carries its own
argument. 1t appeals 10 our sense of
duced by fear 20 make a confession Is not
bound by such confession. and the practice
Of extorting confessions from persons ac-
oused of crime by confining them In dark
cells until a confession is wrung from
them. is a practice that cannot be too
strongly condemned. 1t cannot receive
judicial sanction"
Judge Gordon then states that Wilson'S
confession should have been excluded for
another reason. The opinion holds that IT
was admissible only against the party max
ing il.
Lessons Its Force.
''The fact that the confession was made
In McCollum's presence does not alter the
matter. bat even lessons it's force" says
Judge Gordon. when :. Is taken into con-
sideration tina; McCollum was not volun-
tarily pTtscnt. did not acquiesce IN it and
was obliged TO remain and listen to il
whether Ia would or not"
Tn. opinion states that whether the evil
dence aside from the so-calied confession
is sufficient 10 convict IL not Within the
power OF the court to determine and can
only be decided by a jury. McColum did
rot take the stand during the trial and
made 10 admissions.
In closing Judge Gordon says While IL
Is important that the appellant u guilty.
he punished FOR hts crime IL Is % grea er
Importance that settled principles. de-
signed Ger the welfare and protection OF
life and liberty. should not be overthrow.
Tho judgment viii be reversed and tse
case rernaudcd for a rev trial"
All q the associate Judges corcurred n
the opinion. which IS an important one.
The prosecuting attorneys Office Will take
up McColium's case in a short time.