El Paso herald. (El Paso, Tex.) 1901-1931, 1910-03-10

! - 4 SUBJECT is more difficult to in
| III vestigate with satisfactory re-
suits than the socalled third de-
! gree This is the mysterious process
! by which the police are supposed to
| wiring the truth from criminals or at
| least, come as near it IS possible with
out submitting the suspects TO the ten
4 der meTcies of the rack and thumb
| screw.
According to the popular notion the
| police do not hesitate 10 maltreat
| browbeat and otherwise mentally and
| physically torture the victim until he
yields the desired information Accord
i Ing to the police themselves such talk
| is mere twaddle-they would as soon
| cut off their right hands as even raise
| a finger against prisoner. Some
| where between these extreme views is
| the real truth.
| Getting Confessions.
The rule of law. and the instruction
| in allpolice manuals in English speak
| ing countries. i5 that when a person
| under arrest displays symptoms Of talk
| ing 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 Off
| Ger in court. Were this rule strictly
complied with the number Of confess
/ sions would be vastly decreased, and
with llcH the nunDer OF CONVICTIONS.
| As matter of fact, all police Off
Gals assume wide latitude in getting
a confession, for the altruistic theory
OF kindly warning the criminal on all
occasions clashes with the necessity for
! 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
mat institution such an elusive char
acter-
When the third degree is applied it is
almost invariably done in the presence
Of none but police officials or others
intensely interested in obtaining a con.
viction.
If the prisoner signs a confession,
then re2udiates it in open court on the
ground that he was bullied into making
It, he finds the policemen lined up SOL
idly against him. ready TO swear that
the confession was voluntary-and he
has no witness to disprove their state
ments. II he shows bruises and con-
tusions. they are offset by the testi-
mony that he was unruly while impris-
oned and was injured by being sub
dued.
Repudiatc Prisoners Story.
An interesting case illustrative of the
alleged third degree methods and sub
sequent reputation, was that of Henry
Mass. He was convicted some years
ago Of having been an accomplice in a
Baltimore robbery. Several prominent
New York detectives appeared against
Mass when he was put on trial They
offered what purported to be a volun-
tary confession from him, admitting his !
guilt and describing the crime.
Mass employed eminent counsel and |
entered a vigorous defence. 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 10 death If he did |
not declare himself guilty. When he |
protested, he was given more of the /
vigorous treatment. until. in fear of his
life, he concocted the story in order !
TO escape his tOrmentOrs. In rebuttal. !
the four detectives-One of them a |
stenographer who took down the con- 1
fession-toid a straightforward story !
of Mass making his admissions without |
serious objection The jury believed /
the detectives and Mass got 10 years 4
Cnofesses When Frightened
That the police OF large cities have
used such methods as those charged by
Mass is hardly denied. but no policeman
will admit that they are in use now
Talk il out Of them the best way you |
can. was the ferse description Of the
third degree b. a detective of 20 years
experience in Washington. D. c. This
is the modern theory. and physical NAL
treatment IS supposed 10 be rapidly dis
but there are other schemes
for persuading a suspect to confess. For
example:
Several years ago a welltodo resident |
in a large city was followed into his
home by . negro thug and sta bbed to
death while in the han on the lower
floor
The mans two daughters were on the
upper floor and heard disturbance
One Of them called down the steps:
Who's there?" Its all right" gruff
Presently the daughters descended, and
found their father murdered
In two or three days the police got
slight clew against the negro and
arrested him, but he made such violent
lenials that he seemed destined to go
rec Finally, it was decided to play
us superstition against his assurance.
lie was taken to the house OF death.
lalted at the foot of the steps. where !
he murderer had stood. and the daugh-
er called down as she did on the fatal .
light The negro was ordered to reply. ,
It's all right" He did so, the girI
ecognized the voice, gave scream OF . !
gonized horror and tainted, while the 7
risOner nearly collapsed. :
Seeing his advantage, the detective I
emarked: Come on down to the
lorgue now; we want YOU to look at a I
he corpse" Don't boss: don't maize :
ne look at the body I'll tell everv.i r
hing replied the prisoner in A frenzy r
superstitious fear He made n clean 6
reast of it and was hung. ;
Scientific Third Degree. Il
This is what might be called the h
Scientific third degree" which has u
cen reduced 70 its ultimate conclusion