The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1918-03-09
Supreme Court Disapproves of
Third Degree Methods.
Burns Detective Agency Must
Pay S2,25O Judgment.
GAGE TO GET HIS MONEY
State Will Pay Him $1,000 for
Lincoln Statue.
Fair Association Must Pay
Auto Accident Damages.

Third degree methods received an
awful Jolt today when the Kansas
supreme court affirmed a judgment
of $3.50 awarded William Mansfield
against the William J. Burns Detec-
tive agency by the Wyandotte district
court Force, threats, intimidation
and bodily INJURY We're some of the
methods used by a detective agent,
The evidence showed, in seeking to
force murder confession from
Mansfield.
In the opinion written by Chief
Justice Johnston, little charity Is
shown the methods of the detective
who applied third degree methods IN
handling Mansfield. The man had
been arrested, charged with the muir
Ger of the Moore family, killed by
an axe murderer at Red Oak, Iowa
He wa, suspected of being Insane
Blackie James NJ. Wilkerson, an
,employe of tn Burns agency, arrest
ed Mansfield, who was working for
a. Kansas City packing company.
sWithout a warrant for the man
arrest, the detective conducted Mans
geld to a waiting automobile and ne
vas taken to the police station. on
the ride across the river, Wilkerson
is alleged to have threatened 10
throw the man into the river if he
didn't confess to the axe murders. AT
the police station, Mansfield was
sweated all night without rest. VII
lserson threatened and cursed the
lyffsoner applied vile epithets, struck
him IN the face. loosening some teeth,
Efandished an axe about his head
ana neck, telling him he would be
Killed in the same manner the Moore
family was killed, pushed him down
over a chair and during the sweating
process deprived him of food and
Water in order to secure confess
ss4t,S. il was asserted. These facts
were contradicted by Wilkerson, altho
the jury gave Mansfield judgment
for $2.250.
1.-THE court not only upheld the de-
cision, but in the syllabus by Justice
I6hnston said. "A master principal
il; responsible for the tortious acts OF
his servant or agent where such acts
are incidental to and done in further
sace of the business of the master OF
principal even if such acts are done
wilfully or in excess of the authority
conferred."
Gage Gets His Money.
IS MerreH Gage is to receive from the
state the states share of the expense
If the Lincoln memorial statue erected
on the state house grounds. In a writ
Of mandamus seeking to compel Free
W. Knapp. state auditor, to pay Gage
1850 for the statue, the supreme
court today decided in favor of Gage
Issue was raised as to the right tc
pay Gage under the provisions of the
appropriation measure by the l9l
legislature. The law makers agreed
Is pay one-half of the expense of the
memorial statue. The city paid the
other one-half. But the measure
which was passed, was held to be g
Concurrent resolution adopted by the
house and senate. 1t was contende6
that money could not be appropriated
BY resolution.
SIN deciding the case today the
court held that the measure took the
Ia.
It contained a resolving clause, rather
than the constitutional enacting clause
The court held: "A proposition passed
BY both houses and approved by the
governor may be regarded as bill
Within the meaning and provision
alioted, where it has received the
treatment of such a document and La:
every characteristic thereof eNcep
that it describes itself as a concurren
Issolution.
Decides Another Berry Case.
1.-THE supreme court today affirmed
Brother judgment in the Berry Dewe!
case from northwestern Kansas. Sev
eral judgments were upheld by the
cpurt in it's February opinions. In thu
case today the court affirmed judg
nsent of IS 900 in favor of Harriet M
Berry as Administrative of the estate
81 Burch Berry. All of the cases were
directed against Chauncey Dewey
The actions resulted from the Berry
Dewey feud in Cheyenne county IL
EE03. The civil actions were tried il
Sherman county and appealed to tn
Sppreme court.
Fair Association Must Pay.
EThe Kansas State Fair association
must pay the judgment rendered il
the Shawnee county district court il
favor of Alfred Scott for injuries re
eeived at the state fair grounds il
September, 1915. when a racing ca
eFaShed thru a fence and injured
number of spectators. In upholdin
the judgment of the trial court tn
Supreme court today held that the DO
Vas not guilty of contributory negli
gence. even tho he had been warne
Of danger by fair ground guards.
Evidence showed young Scott wa
boy of 10 years. of average inteIii
gence. With couple of companion:
the boy sat on box near the track.