The Olneyville times. (Olneyville [Providence, R.I.]) 1887-1917, 1907-09-13
THIRD DEGREE" A MYTH.
Veteran Tells Dramatic Story
About a Supposed Instance OF Ii.


About a Supposed Instance Of Ii.
II was my privilege. several years
ago, 10 witness the iniliction OF that
much-dreaded third degree" SO
much written about, and believed by
many people 10 be conferred with
torture, etc, on persons arrested for
crime. The officer who took upon
himself the right TO inflict IL was the
former Inspector OF Police. Mr..
Byrnes.
The case in question was the muir
dey of a 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. 1he officer, now re-
tired, who made the arrest, reported
with the prisoner at the Detective
Bureau, 500 Mulberry Street. and
after stating the facts 90 the lnspec-
tor, was asked: Have YOU got
confession from the prisoner" NO"
he replied; IL had not the heart 10
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 reIfied.
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 a child Of the same age,
and all through this Investigation
/ have kept my child I'm thought. as
II he was in this unfortunate's place.
Do you. who have no boy, ask for the
confession?"
Mr.. Byrnes sat for fully two min
utes in deep thought, turning to the
officer, in a husky voice replied, You
are right"
The next days papers reprinted
the fact that under the terrible third
degree positive evidence was OBJ
tained from the prisoner OF his guilt.
In due time an indictment for MUIR
der was found by the Grand Jury.
and a 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
| fiicted on him by the Chief and de-
| tectives--the horrors of the third
degree"
jury went out snd brought n
verdict of not guilty-the Judge
| (Gildersleeye) looked in amazement
at the jury, then at the prisoner, anI
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 will
people continue to believe such
cruelty as is frequently reported to
have taken place in connection with
arrests, when in fact there has been
aone?" The belief in the practice
not only influenced that jury. but
misleads as well the Grand Jury, our
Public, and creates prejudice against
| our police. The New York Times.
...-. e srfE, p. - 71..