Los Angeles herald., 1910-03-11

fTSsszsTszTsS1 o SUBJECT is more difficult
lie VNl to investigate with satisfac-
lM N ri tory results than the So
IM 81 III called third degree" This Is
| liz WRNl the mysterious process by
IlkzAsrNl which the police are supposed
| to wiring the truth from criminals, or
at least, come as near 1t as possible
without submitting the suspects to the
| tender mercies of the rack and thumb
screw. According to the popular no
| ton the police do not hesitate to NAL
| treat, browbeat and otherwise mentally
| and physically torture the victim until
| he yields the desired information. Ac-
| cording to the police themselves such
talk is mere twadle-they would as
! soon cut off their right hands as even
raise finger against a prisoner. Some
| where between these extreme views is
| the real truth.
The rule of law, and the instruction
in all police manuals in English speak
| ing countries, is that when 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 any
| thing he says will be repeated by the
officer in court Were this rule strictly
complied with the number of confess
sons would be vastly decreased, and
with them the number of convictions.
As a matter of fact all police officials
assume wide latitude in getting a
confession, for the altruistic theory
of kinlly warning the criminal on all
occasions clashes with the necessity for
seeing that the guilty are punished Tor
the benefit of the community. 1t Is
the varying degree in which the po-
lice apply the third degree" that has
given that institution such an elusive
character.
When the third degree is applied it
is almost invariably done in the pres
ence of none but police officials or oth-
ers intensely interested in obtaining
a conviction. If the prisoner signs
confession, then repudiates II In open
court on the ground that he was bull
lied into making il. he finds the po-
licemen lined up solidly against hlm,
ready to swear that the confession was
voluntary-and he has no witness TO
disprove their statements. If he shows
bruises and contusiOns, 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 dgree methods, and sub
sequent reputation, was that of Henry
Mas. He was New York crook who
was convicted some years ago of haV-
ing been an accomplice in a Baltimore
y
detectives appeared against Mas when
he was put on trial. They offered what
purported to be Il voluntary confession
from him. admitting his guilt and de-
scribing the crime. Mas employed
eminent counsel and entered vigorous
defense. He said that when he denied
his guilt the man in charge of the IN
vestigation grabbed him by the throat,
and threatened to choke and kick him
to death if he did not declare hlmset
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 tor
mentors. In rebuttal. the four detec-
tives-one of them a stenographer who
took down the confession-told
straightforward story of Mas making
his admissions without serious obJec-
tion. 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 is hardly denied, but no po-
liceman will admit that they are in
use now. Talk it out of them the
best way you can" was the terse de-
scription of the third degree by de-
tectiVe of twenty years experience In
Washington. d. {. This is the modern
theory, and physical maltreatment is
supposed to be rapidly disappearing
but there are other schemes for per
suading a suspect to confess. For
example:
Several years ago a well-to-do resi-
dent in 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 disturbance
one of them called down the stairs
"Who's there?" ITS all right a gruif
voice responded, and quiet followed
Presently the daughters descended, ana
found their father murdered. In two or
three days the police got slight eleW
AGAINST the negro and arrested him,
hut he made such violent denials that
he seemed destined to go free. Finally
II was decided to play his superstl-
tion against his assurance. He was
taken to the house of death. halted at
the foot of the steps, where the muir
derer had stood, and the daughter
called down as she did on the fatal
night. The negro was ordered to reply;
''It,s all right" He did so, the girl
recognized the voice. gave a scream OF
aponized horror and tainted, while the
prisoner nearly collapsed. Seeing MS
advantage, the detective remarked;
"Come on down to the morgue now,
we want YOU to look at the corpse.
"Don't boss. don't make me look at
the body. I'll tell everything replied
the prisoner in a frenzy OF superstl-
tous fear He made clean breast
of it and was hanged:
This is what might be called the