Evening star. [volume] (Washington, D.C.) 1854-1972, 1907-04-07
Art of Sweating"
Practiced by Police

The recent decisions by the Judiciary Of
the District condemning the police prac-
tIce commonly designated the sweating
process. of persons arrested. charged with
the commission Of crime. and granting new
trials where such evidence of alleged con-
fessIons was admitted In several Instances.
will be received with favor by both bench
and legal profession. as tending to initiate
a much needed curb upon the usurpation of
police privileges. and to more securely safe
guard the rights Of personal liberty as
guaranteed by the law" said a prominent
local attorney to a Star reporter.
There Is TO practice OF the police in this
country which has developed to greater ex-
trames nor Is there any which Is more I'M
iustiAable than the so-called sweating
process Of individuals who at the time
are merely charged with the commission
of an Ofrense which Is yet TO be- proved. and
who are only under arrest therefor. So
common and 40 fragrant are the instances
or this unlawful practice that on the part
Of some individuals unfamiliar with the law
Il is supposed that The police in municipali-
ties constitute the aTre5ting power. the
court jury and higher appellate judiciary,
all IN one. and as for the police. this opin-
ION seems to be in nearly all cities ac-
Ceptcd and settled fact.
The decisions of the judiciary of the
District of Columbia will no doubt be fol-
lowed by similar decisions in other jNrts-
diCtinu5. anu reforms in the direction indi-
Gated are certain To BE- inaugurated A
policeman IS merely an arresting and not
a judicial officer. with extremely clrcum-
srribei powers over the persons and llber-
ties Df individuals. except In the minds
of small boys. and the mere power of ar
rest does not carry with it a corollary
the right to try in the back room of sta
ton house. or at a police headquarters the
merits Of Il criminal case, nor to wiring
from the accused by sweating him an al
legged Confession OF the alleged crime for
which he is apprehended. And to the I'M
thinking it should be said that the actual
guilt gr innocence nf the accused has no
legal bearing on the case.
In England where personal liberty along
the lines indicated means something. and
vastly different from what it means In this
country the accused is warned from the
initial step of arrest until he Is either con-
virted or acquitted from arresting officer to
judge. against making any statement which
may tend 10 lncriuinate him. being advised
that such statement may be used against
him on the trial: while in this country
though our laws are practically the same
on this point. the very contrary is true. In
deed. In some police Jurisdictions persons
charged with crimes have declared. upon
emerging from a sweating thai they were
subjected to a substantial torture by the
overzealous police and instances of faiting
during the sweating and after are of fire.
quent occurrence.
The seating process. as known in this
country. Is simply modern modification
and survival of the oldtime preliminary tor
ture of persons charged with crime. to ex-
tort confessions by stringing them up by
the thumbs. proceeding upon the theroy
that confession shortened and practically
did away with the trial. Now the police
proceed uoon the theory that If they can
sweat a confession from the alleged GRIM
inal such will save them the trouble OF Sc
curing other evidence upon which to base
n conviction, and it Is easier to work over
time with the accused in back room than
IT Is to go out and get the necessary evil
dence. which Is quite another matter.
Indeed. IT Is remarkable with what COM
piacency the American public accept and
look upon the illegal process OF sweating
b''u NtbuVut>, Dctu regal aflu ldyrnen, OF con-
stitutonal questions involving our personal
liberties will hail with qualification the de-
cided and emphatic stand taken upon this
important matter by our local judges. While
the police are. Of course, needed ad-
jInCt in the administration of criminal af-
fairs. they are merely adjunct They
have abundant facilities for the securing of
legal evidence for the conviction of GRIM
inals and. was pointed out in the de-
Cisons under discussion, courts desire none
other.
In many instances Confessions secured
by the police by sweating have been
proved on the trial to have been false and
were given under terror by the accused to
escape further torture. 1t cannot be ex-
pected, of course. that this autocracy which
the police have arrogated to themselves in
this country can be overcome at once. but
II cannot be doubted that when the lust
and able stand taken by the District tu-
dietary on this very grave matter of per-
sonal rights and liberty Is generally fol-
lowed elsewhere. and there are a few more
acquittals where the main and often the
only evidence Is an alleged confession ex-
torted by the sweating process this illegal
practice Will be abandoned and the police
bcstr themselves to secure evidence which
Will be admissible under the regularly rec
ogniZed rules OF evidence"