Omaha daily bee., 1910-03-11
Some Things You Want to Know
The Third Degree.

No subject IL more difficult to investi-
gate with satisfactory results than the
so-called Third Degree This IL the
mysterious process by which the police are
supposed to wiring the truth from Grim
lnals, or at least, come az near II as
possible without submitting the suspects
to the tender mencies OF the rack and
thumb screw. According to the popular
notion the police do not hesitate to NAL
treat, browbeat and otherwise mentally
and physically torture the victim until he
yields the desired information. According
TO the police themselves such talk IL mere
t~waddle-they would as soon cut off their
right hands as even raise a finger against
a prisoner. Somewhere between these
extreme views 10 the real truth.
The rule Of law. and the instruction in
all police manuals in English speaking
countries, Is that when a person under
arrest displays symptoms Of talking about
his case in a way that may be used against
him at his trial, the officer shall warn him
that anything he says will be repeated BY
the officer in court. Were this rule strictly
compiled with the number of confessions
would be vastly decreased, all police
officials assume a wide latitude in getting
a confession, for the altruistic theory Of
kluuIy warning the EflftliAihi on all occasions
clashes with the necessity OF seeing that
the guilty are punished for the benefit OF
the community, 1t is the varying degree in
which the police apply the third degree
that has given that institution such an
elusive character.
When the third degree is applied II is
almost Invariably done in the presence Of
none but police officials or others intensely
interested in obtaining q conviction. II the
prisoner signs a confession, then repudiates
1t in open court on the ground that he was
bullied into making It, he finds the police
men lined UP solidly against him, ready TO
swear that the confession was voluntary
and he has no witness to dlsprove their
statements. II he shows bruises and con
tusions, they are offset by the testimony
that he was unruly while imprisoned and
was injured In being subdued.
An interesting case illustrative OF the
alleged third degree methods, and subse-
quently reputation, was that OF Henry
Mas. He was a New York crook who was
convicted som years ago Of having been
an accomplish in a Baltimore robbery.
Several prominent New York detectives APP
peared against Mas when he was put on
trial. They offered what purported to be
a voluntary confession from him, admit
ting his guilt and describing the crime.
Mas employed eminent counsel and en-
tered a vigorous defense. He said that
when he denied his guilt the man in charge
Of the investigation grabbed him by the
throat and threatened to choke and kick
him to death II he did not declare him
self guilty. When he protested, he was
given more of the vigorous treatment, until
In fear Of his life, he concocted the story,
II Il - -
buttal, the four detectives-one Of them q
stenographer, who took down the confes-
slon-told a straightforward story of Mas
making his admissions without serious OBJ
lection. The Jury believed the detectives
and Mas got ten years.
That the police OF large cities have used
such methods as those charged by Mas
Ia hardly denied. but no policeman will ad-
mkt that they are In use now. Talk 1t out
Of them the best way you can" was the
terse description Of the third degree by q
detective of twenty years experience in
Washington, d. C. This Is the modern
theory, and Observation-Disclosures is sup
posed to be rapidly disappearing, but there
are other schemes for1psrsuading a suspect
to confess. For example:
Several years ago d well-to-do resident
in a large city was followed into his home
by a negro thug and stabbed to death in
the hall on the lower floor. The mans
two daughters were on the upper floor and
heard the disturbance. One Of them called
down the steps: who's there2" TITS all
right" a gruff voice responded, aud quiet
followed. Presently the daughters de-
scended and ound their father murdered,
In two or three days the police got a
slight ciew against the negro, and ar
rested him, but he made such violent de-
mails that he seemed destined to so free.
Finally it was decided to play his upper
stition against his assurance. He was
taken to the house Of death, halted at the
foot Of the steps, where the murderer
had stood, and the daughter called down
as she did on the fatal night. The negro
was ordered to reply; TITS all right" He
did so. the girl recognized the voice, gave
q scream of agonized horror and tainted.
while the prisoner nearly collapsed. Seeing
his advantage, the detective remarked:
Come on down to the morgus now. we
want you to look at the corpse" Don't,
boss, don't make me look at the body. III
tell everything" replied the prisoner in a
frenzy of superstitlous fear. He made o
clean breast Of It and was hung.
This is what might be called the "scien-
tifio third degree" which has been re
duced to its ultimate conclusion in France.
There II is customary, when enough clues
have been left to give the police a fairly