Catoctin clarion. [volume] (Mechanicstown, Md.) 1871-1940, 1907-09-19
thursday. SEPTEMBER 10. 1907.
"THIRD DEGREE" A MYTH.
Veteran Tells Dramatic Story
About Supposed Instance of 1t.


1t was my privilege, several years
ago, to witness the infliction of that
much-dreaded third Degree" so
much written about, and believed by
many people to be conferred with
torture, ETC., on persons arrested for
crime. The officer who took upon
himself the right to inflict it was the
former Inspector of Police Mr..
Byrnes.
The case in question was the MUIR
der of drug clerk on upper Third
avenue. The evidence on which the
arrest was made was circumstancial,
but of the highest and most convinc-
ing character. 7 he officer, now re-
tired, who made the arrest, reported
with the prisoner at the Detective
Bureau, 800 Mulberry Street, and
after stating the facts to the lnspec-
tor, was asked: Have you got
confession from the prisoner" NO."
he replied; 81 had not the heart to
ask for it. / consider the evidence
sufficient Bring in the prisoner"
said Byrnes. He was brought in--a
youth about sixteen years old. Mr..
Byrnes looked at him for second,
then he said: Sonny, how old are
you?" Sixteen" he replied.
"Where do you reside, and whom do
live with?" He answered, with my
sister," stating the location. "Where
do your parents reside?' "They are
both dead" he answered. A minute
elapsed, and then the Chief looked
steadily at the officer and at the pris-
oner, and calling the doorman, told
him to take the prisoner out. He
requested the officer to remain.
After the door closed and the boy
was out Of hearing, Mr.. Byrnes, turn
ing sharply, asked the officer, "Why
didn't you get a confession?" "Be.
cause | have child of the same age,
and all through this investigation
| have kept my child in thought, as
if he was in this unfortunate's place.
DO you, who have no boy, ask for the
cOnfcsSion?"
Mr.. Byrnes sat for fully two min.
uteS in deep thought, turning to the
officer, in a husky voice replied, "YoJ
are right"
The next days papers reprinted
the fact that under the terrible third
degree positive evidence was OBJ.
tanned from the prisoner of his guilt.
In due time an indictment for mur.
der was found by the Grand Jury.
and trial followed. The pres.
ent District Attorney, then an assist.
ant, prosecuted; the prisoner in his
own defense took the stand and told
of his arrest and Of the torture in
llicted on him by the Chief and de-
tectives--the horrors of the third
degree"
a jury went out and brought
verdict of not guilty--the Judge
(Gildcrsleeve) looked in amazement
at the jury, then at the prisoner, and
said: IF you did not Kill the de.
ceased, who did? You are dis
charged.
Every reference to the third de.
gree since brings this memory to my
mind and causes me to ask myself,
Was the third degree ever given
anybody, at any time or place, out
side of a fraternity? And why win
people continue to believe such
cruelty rs is frequently reported to
have taken place in connection with
arrests, when in fact there has been
none?" The belief in the practice
not only influenced that jury, but
nisleads as well the Grand Jury, our
Public, and creates prejudice against
our poicc.--The New York Times.