El Paso herald. (El Paso, Tex.) 1901-1931, 1912-03-09

TN confirming the sentence OK Rodney
J. Diegle. ex-sergeant at arms OF
the Ohio senate. who had been con
victed Of bribery, the supreme court Of
that state recently upheld the compe-
tency Of evidence procured by means or
the dictagrap h-a point Of law never
passed upon befOre-and opened the
way for the trial Of other legislators
accused Of corruption IN connection
with the passage Of certain bills me
decision is likely to have an important
bearing upon the dynamite trials, lor
the -dictagraph was also used TO record
conversations held IN the o1uce OF lne
r international Association Of Bridge
and Structural IrOnwOrkers at indian
apolis.
Although he was the victim Of a po-
lice plant" Diegle actually convicted
himself he talked voluntarily, and
therefore could not take refuge behind
the legal privilege of the man who is
compelled 70 testify against himself
There was no cOmpulsion in his case,
no violation of his constitutional
rights. He talked freely, and the rec
ord of his WrOng-dOing was transmit
ted by electro impulses to an adjoining
room, where a stenOgrapher, sitting at
The other end OF the wire, with a re-
cei7er at his ear, took down his con
TersatiOns.
Diegle was suspicious when he en-
tered the apartment in which the
transaction took place. He went there
10 meet a SOcalled Lobbyist Burns
detective in disguise. Diegle, il was
said, looked under the sofa TO see II
anybody was hiding there, and exam
ined a cupboard, too. Satisfied that no
listeners We're present. he opened ne
gotiatiOns, not knowing that, con
cealed in the upholstery Of the sofa,
was an electrical sIOol-pigeOn, senst-
tive even TO a whisper So he talked,
and his voice was so distinct that the
erHan NH
was able to jot down his name when
ever he spoke.
Identifying the Voice.
Identification of the voice viii prob
ably play a heavy role in future trials
where ctricslly-recOrded tOnversa-
lions are introduced in evidence 1t is
so in the case Of the telephone In a
recent trial in this city it was necessa-
~ for the federal district attorney to
prove that the man at the other end Of
the wire was really the defendant He
had called up man who did not know
him or his voice. But there was a
boy in the mans office who knew the
caller, and recognized him. he listened
10 il for a moment, and handed the
receiver back to his employer without
hanging il up. The court held that
the Identification was proper, mas
much as the conversation had not
been interrupted by a second cOnnec-
tion.
In the future clever lawyers will no
doubt compel prosecuting attorneys 10
prove that the accused was IN the room
with the dfctagraph at the time in
eliminating records were mace, ana
require a complete Identification OF the
voice On behalf Of the dictagraphs TX
* said that the voice does not cnan8e
in transmission, and that identification
IS therefore not a difficult matter
1t has been cOntended that CONVEX
sations over the wire might reaollZ
be forged. and this undoubtedly could
+1larnT1 raNr
Etenographer were employed Aor the
Evidence Can Be COrrObOrated.
In view Of the fact that II Is poss-
HE TO fake such evidence, ana Ihal
Judges will scrutinize it closely, IL 1las
become necessary TO have Il coIt S2
ated It is practicable 70 nave olcI1-
r-raDh converse lions taken down -
6alf a dozen or more stenosIeplle =
each isolated ina separate room -
their notes agreed in essentlals, -
I,ones+v of the evidence might not Dc
doubted seriously IN +,1-s
when they are asked to judge sueh et4-
5ence is more or less a matter OF spSS-
T7Iafion As rule, a human Stool p-6-
cons testimony IS regarded Win -
Dicion for he is usually as -
fsIseboOd as the worst criminal -
mems TO detect crime are apparently
rer1nissibIe. as long as they az ~
Violate constitutional rights reg -
" secret service men, a. eS7Sl -ss-'-,-
+ogr 90 10 q counter1ellefs Ae7o ia
- ba5 money. and pay Tor II IA
-7arl<ed hills The detectives are a.
Io---e5 to tell their story IN court allu
-..ea+ their conversations Win lllS
-,o17r+erfefters. The latter nave FoluH
fqrfIv testified against themselves, 80
- 5,1rv has only to decide WnelIeL
he nei.ce witnesses have tolo the
WITHIN constitutional limitations II
g.; ~ question Of how the evidence
rs obtained, but whether II Is aCCL
ate In the case OF the oicla 49, -,
- ,7fanhraem and wire are only 1-e
mediums; II IS the fol0e - S-I,+ rTI'oea
fra man whose voice is caug NJ L-Lo -'
- CO. of me use of the d1ctagraph
- $40 Il is safer and more nu-
---s,s e~Dedfent than the police tnlro
5ee-rean Put your prisoner IN a cell
ftTsv saw. and let his friends Flslt MIN
DON'T try to wiring oouDttul 90
-for rom him by sweating he VIII
.,s41alIv trust his friends. and when ne
.-7I-e +1'a concealed instrument VIII
catch his words
Trap set for IrOnVvorkers,
The federal authorities at 1nolan-
apolis have volumes q = -" -.
,.65|'77--ersa+ions that took place IN the
- t,gs50uarters- Many conferences
e5or+ the Investigation OF the
51-1ar,fte conspiracy took pace
-r-b5Ta the electrical ear rs
tened. The ironWorkers VIII no uoIJ1
he confronted in court Dy lueH an
s,,z # IS possible that the government
NAV be able TO fix each lliol' ~ ''si
phrases upon himself -. ID,
Each DAY Il carried tax thdt No.
from Is 10 so pages OF typeW Lt.eLi
natter The wire led to room oeIOM,
and here sat two slenoBI eA'--0i . " --o