Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1909-07-16

him fOr ABOUT seven uouiS. toI eSS
ting the information desired, they sud-
denly seized the bookkeeper, who was
of slight physical strength, handcuffed
him and dragged him roughly down
two flights Of stairs, where he was
photographed for the rogue's gallery
C"Mugged"). AS roughly was he drag
ged upstairs again. After an hours
further questioning one Of the detec-
tives grabbed the accused by his coat
collar and jerked him upon his feet.
"Are you going to open up or amt
your" snarled the officer.
i've told you fifty times l don'i
know anything" was the weary reply
Take that, them" snapped the de-
tective, lunging forward and striking
the accused violently in the pit OF the
stomach. The little bookkeeper drop
ped to the floor, zasping for breath, hii
face distorted in pain. The detective
ierked him to his feet and sat him vio-
lently in a chair. The prisoner faint
ed. About fifteen minutes later, after
the bookkeeper came to, he made q
confession Of guilt which on the trial
was shown conclusively to be false.
In Charles Klein's new play, "The
Third Degree" at the Hudson theateri
New York, the story shows how the
repeated questionings and suggestions
Of the police captain, Clinton, impress
on the mind OF the bewildered, half
drunk prisoner, Howard Jeffries, Jr,
the idea that, after all, he really did
murder his friend Robert Underwood
Later Captain Clinton is shown by DR.
Bernstein to have hypnotic powers.
The playwright has not overdrawn
the possibilities Of the situation. Ply
sicians, learned, cold blooded Judges In
high courts, admit the ability Of strong
minds to overcome weaker mentality
and produce certain desired results
through persevering persecution. as In
the third degree process.
OF course the law does not approve
of the methods used in some Of the
cases before mentioned. Their use
however, is usually safe because the
prisoner has no witnesses present
when he Is examined. II he complains
Of his treatment 1t will be a case Of
his word against that Of three or four
or five detectives, as the case may be-
He probably has not had as yet an OPP
portunity to engage a lawyer, or II he
has the lawyer will probably not be
allowed to see his client until the
sweating" period Is over. The police
Of many cities frequently follow this
practice, which is clear violation OF
the constitutional provision that "the
accused shall have the assistance
Of counsel" And the courts hold (see
People ex. rel. versus Risely, volume
1S; Abbott's New Cases, page 1850 that
a, person in Jail has the right to the
protection Of counsel even before in
dictment. Further, the extreme Of the
third degree Is violation of the con-
stitutional regulation that mo person
shall be compelled in any GRIM
inal case to be witness against him
self"
Confessions obtained through prom
ises of immunity from persons In au-
thority are not valid in the law, but
frequently admissions Of guilt are OBJ
tanned through promises Of immunity
made by private persons known by the
prisoner to have influence with the
prosecuting authorities, merely mode
Of evading the law. Harry Orchard Sc
cured immunity because of his confes-
sion, 1t is generally believed.
Confessions secured through duress
or force are invalid, provided the ac-
cused can demonstrate to the satisfac-
ton of the court that improper means
were used. The burden Of proof Gum
fortunately for innocent victims Of the
third degree) to show that an induce
ment has been held out or improper
influence used to exact confession is
on the prisoner. $50 held In English
and American cases.) Thus the law
makes it difficult to retract or invali-
date confession. But facts which ex-
plain or qualify a confession may be
adduced In evidence.
All confessions to be admitted In
evidence must be voluntary. The ad-
instability Of confessions is to be de-
determined by the Judge, their weight
by the jury. $50 decided in Missouri,
Massachusetts,, Ohio, New York, In
diana, Maryland, etc.
Facts discovered In consequence of
confessions improperly obtained and
so much Of such confessions as dis
tinctly relate to such facts may be
proved.-Stephen's Digest Of the Law
Of Evidence"
Deliberate confessions Of guilt are
among the most effectual proofs of the
law. Confessions may be inferred
from the conduct Of the prisoner and
from his silent acquiescence in the
statements Of others and made in his
presence. on Evidence"
A prisoner can be deliberately made
drunk by those in charge Of him and
thus easily led to confess to crime.
This has been done by experts in third
degree tactics. The courts Of practi-
cally all the states hold that the con-
fession of drunken man Is admissi-
BILE in evidence.
The violence used in some Of the
cases noted in this article will proba-
bly, recur time and time again 80 long
as human nature Is human nature and
so long as courts hold that, no matter
how improper the means used to Sc
cure confession, the facts thus learn
ed may be put in evidence.
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