The Birmingham age-herald., 1910-11-23
But Sheriff HigdOn Holds Detective SigSbSe
 for Perjury
SERGEANT PHILLIPS SAYS
 THIRD DEGREE WORKED
to Wiring Confession From Negro, Morris Brown-Chief Bodc-
 ker's Statement

Sergeant J. F.. Burke, Detective A. D. Brown and Sergeant Barney Phillips re- turned from Montgomery last night, where they testified in the case of Nor ris Brown, the negro arrested by De- tective Sigsbee, charged with trainwreck- ing. According to the officers the state ment appearing that Phillips had been placed under bond charged with perjury was incorrect.
 The following account of the matter was given by Sergeant Burke:
 Barney Phillips first went on the stand and testified that he did not use electrici- ty in forcing a confession from Morris Brown He admitted stating that You ought to have seen the negro jump when we put the electricity to him. but de- nied specifying which negro 1t was. MT. Brown and l swore that he stated that it was the negro arrested by Sigsbee for train wreckng.' At this the judge decided that the perjury lay between us and Phillips and decided to hold Phil lips for perjury.
 After a conference between Phillips, MT. Brown, the judge, prosecuting attor- Hey dHu IuyScll tilt SeSS Ch PShJ'iS against Phillips was dismissed on the condition that he return to the stand and Rive a true account of the happen ings of the case, which he did.
 PhiIIips' Testimony
 ''He testified that he and Sigsbee did use electricity to wiring confession from the negro, but that the battery used was lar oh tn da SerinuS harm He stated that it was a dry cell from one of the buzzers in the office. He testified that he did not give true ac- count of the matter before because he was under the impression that he would be liable to arrest for using the electric ity Further than that, he was told by Detective w. s. Sigsbee to deny using electricity.
 Phillips then testified that he did as- sist Sigsbee in using the electricity on the negro, that Mir. Browns and my statements were correct. That it was without the knowledge of Chief Bodeker, who was out of the city at the time, or of Acting Chief Martin Eagan or Chief Of Detectives Mcdonald He stated that there was no device kept in the office which was habitually used to extract confessions.
 Upon Phillips giving this testimony he was released
 Detective w. S. Sigsbee was placed un- der a $500 bond yesterday by Sheriff Hig- don. charged with perjury in the case of Morris Brown. The sheriff received a Iong-distance message from Sheriff clyt hi,,, to take action, which he did immediately.
 Bodeker Was Surprised
 The entire affair created an intense sensation in the police department Chief Bodeker made the following statement about it last night '1 was greatly sur prised to hear of the charges against Sigsbee and Phillips. The first informa- tion that I had of the matter was three or four days ago when the summons came from Montgomery. The alleged ap- plication of the third degree took place while I was away with the late Mayor Frank P. O'Brien. I left August 13 and returned August 2S It is claimed that this occurred on August 20. If such thing was done most assuredly l would not have allowed 1t had l been in Bir-
 
 mingham and I am sure that 1t hap pened without the knowledge or consent of Acting Chief Martin Eagan or Chief Mcdonald of the detective department. l have always had implicit confidence in the officers implicated"
 The chief issued the following order to Chief of Detectives Mcdonald last night:
 Tt seems that some of the detectives have been resorting to what is known as the third degree to obtain confess sions from prisoners. I desire to say that I do not approve of this method My best information is that this occurred while I was away with the late Hon. Frank P. OBrien on or about August 20. You are hereby instructed to order the detective department. if they have been doinp the same, that it must be dscon- tinued and expect you to see that this order is carried out to the letter
 GEORGE H. BODEkER. Chler.