The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1901-07-28
THE POLICE rNoU1s11roN.

THE POLICE INQUISITT0N.
The record of the Fosburgh case, which
was disposed of by the court ordering
an acquittal, is but another chapter added
to the annals of the criminal ins:stence
of the modern police departments in their
so-calIed protection of society.
In this case there was no evidence
whatever pointing to young Fcsburgh IS
TIE murderer of his sister. But 50 de-
termined was TIE chief of police to FIX
the crime on some enc, that ne gathered
together every scrap of evidence which
might prove the pogs bilty of such an
act being committed by Fosburgh and
wove them together for the puyp Sc of
obtaining the reward. We say for the
purpose of obtaining the reward, for
there seems to be no other motive back
of his action.
Whether these plumbers of the police
departments arise from malice or STU
ptdity there ought to be some legal pro-
vision to prevent them.
In many states the law provides that
where it appears that the complaining
witness, in a criminal case, has been
actuated by malice he shall pay the
cos.s. This acts as a check on the who.e-
sale swearing out of warrants by per-
sons who entertain grudges against their
neiShtOrs. Some such restrlint should
be placed on the police department and
the professional dete-tive forces of our
cities. A crime is discovered and these
guardians Of the public ace are con-
sumed with a desire to distinguish them
selves in the detection ef the guilty par
ty. From the cir cumstances of the COM
mission Of the crime and the few ia is
which they are able to gather about the
Iarty concerned they build up theory.
When that theory is once formed every
fact must be tent to meet it's require
ments Woe to the person who falls I'M
der the suspicion Of these fficial sleuths.
His every act is watched, his past is
raked up to see if something incrimi-
mating cannot be unearthod; his easrnit S
are called upon fer evidence against him
and in many cases it looks as f evil
dence was manufactured expressly for
the purpose. The enc object of the Of
fieers is to convict The theory of the
law is that the duty of prosecutor
ends with rs asona5le effort to see that
justice is done, but the police detective
does not accept the ordinary ethics OF
duty as binding Upon him. ne has a
reputation to make and what cares he,
If in making that he ruins the reputa-
ton and the fortunes of others?
1t is a severe comment upon cur sys-
tenn, but we must say that the public
places but little confidence in the sworn
testimony of a police detective who has
been instrumental in the apprehension
Of prisoner in case where the cor
decorating evidence is rot Perfectly clear.
In the police code of Justice man who
is accused of a crime is presumed to
be guilty until he proves himself inno-
cent. This is sometimes hard to do. In
the Fosburgh case it was net Ciff uIt.
because the whole family were present.
but suppose that had not been the case;
an innocent man would have had to sur
fer for the crime of the guilty. Had tie
chief of police of Pittsfeld shown half
OF the enterprise in trying to detect tie
real criminals that he did in Alternating
to weave a net about the head of young
Fosburgh, the guilty might now be pay
ing the penalty of their most he.nous
crime.
The time viii come when so-ca'led con-
fessions made to the police, and other
statements wrung frcm prisoners while
in the sweat box, together with the tes-
timony of electives and policemen in
terestcd in particular eases will be ex-
clUdel as evidf nee on the theory that
it is unreliable and unworthy of Ee,ief.
We need not particularize, for every one
has in mind some fragrant violation of
human rights by these presumed guar
dams of the public peace and prop
erty.