The Caucasian. (Shreveport, La.) 1900-192?, 1909-07-13

ton about this time. ! felt that | did
not want to live. and | was afraid to
die. would not go through8nch re-
morse and torment again for all the
world | felt that the only thing to do
was to confess all and pray God for
forgiveness.
The head bookkeeper of q construc-
ton company doing business in Penn
sylvania was arrested as involved In
certain gross frauds in public con-
tracts in large Pennsylvania city
Three detectives took him into a room
in the police station and questioned
him for about seven hours. Not get
ting the information desired, they sud
denly seized the bookkeeper who was
Of slight physical strength, handcutfed
him and dragged him roughly down
two flights of stairs, where he was
photographed for the rogues' gallery
("mugged"J. As roughly was he drag
ged upstairs again. After an hours
further questioning one Of the detec-
tives grabbed the accused by bis coat
collar and ierked him upon his feet.
5mmAre you going to open up or amt
year" snarled the officer.
i've told you fifty times l don't
know anything was the weary reply.
Take that, then!" snapped the detec
tive lunging forward and striking the
stomach The little bookkeeper drop
ped to the floor, gasping for breath, his
face distorted in pain. The detective
jerked him to his feet and sat him VIC
lently In O chair. The prisoner faint
ed. About fifteen minutes later, after
the bookkeeper came TO, he made a
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 theater
New York. the story shows how the
repeated questionings and suggestions
of the police captain, Clinton, impress
on the mind of the bewlldered, half
drunk prisoner, Howard Jeffries, Jr.,
the idea that, after ali, 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 blo0ded 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. If he complains
of his treatment It will be 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 q 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
10; Abbott's New Cases, page 1850 that
person in jail has the right to the
protection of counsel even before in
dictment. Further. the extreme of the
third degree Is a violation of the con
stftutional 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 iu the law hui
frequently admissions OF guilt are Oh
tanned through promises ct ifnmlnit9
made by private persons known BY III
prisoner to have influence with tie
prosecuting authorities. mefety Il mode
Of evad1ng the law Harry Orchard SO
cured immunity because of lliJ confgs,
sion, 1t is generally believed
Confessions secured through dnrp
or force are invalid. provided the n
SuSCu Sub hOihVGIStiutt' W. titt HuilNI ~
ton of the court that improper mean.
were used The burden of proof tttu
fortunately for innocent 81 tftis # -
third degreel to show tlitt iin iadG",'
ment has been held out or inlpcrtr
influence used to exact confession /
on the prisoner. tSo held i'll Englis
and American casesD Thus the llN
makes It difficult to retract ar iavh'i
date a confession. But facts VIII u cx
plain or qualify confession may he
adduced in evidence.
All confessions to be admitted in evi
dence must be voluntary. The admiss
bility of confessions Is to he deter
mined by the judge. their weight by
the jury. $50 decided in Missouri. Mas
saehusetts, Ohio. New York. Indiana.
Maryland, etcl
Facts discovered In consequence of
confessions improperly obtained and
SO much of such confessions as dis
tinctly relate to such facts may BIZ
proved Stephens Digest of the Law
of Evidence"
Deliberate confessions of guilt are
among the most effectual proofs of the
law. Confessions may be inferred