Evening public ledger. [volume] (Philadelphia [Pa.]) 1914-1942, 1921-10-31
THE THIRD DEGREE

A GAIN. through the case of Floyd Smith,
~ n supposedly innocent man who obtained
rcprieve when he was in the very shadow
Of the death chair at Bellcfonte, the Third
Degree and its possibilities MS method OF
law enforcement arc brought up in an un-
pleasant light for general scrutiny. But for
an accident Of chance and the last minute
intervention Of Justice Won Moschzskcr. Of
the Supreme Court, Smith would have been
executed Mt daylight this morning. Evidence
complete enough to move the Supreme Court
to action indicates that the prisoner may be
q victim of the Third Degree.
The outside world, happily ignorant OF
much that goes on In prisons and the un-
ending conflict between the public authori-
ties and the criminal element. knows the
Third Degree only as n bit of the business
Of conventional melodrama. But that method
of securing evidence necessary to the con-
vCtlon of felons Is becoming matter of
routine in most of the large police depart
nents of the country. II is n method not
altogether without practical justification
One of the exasperating things about
present day court processes is the ease with
which many men of whose guilt Judges,
jurcs and prosecutors are morally certain
escape punishment through n lack of the
indubitnblc material evidence necessary to
legal conviction. The police in such cases
resort to thc Third Degree to establish n
connecting link by means of a confession or
important admissions from the accused.
1t is fact that innocent men have be-
fore now been subjected to the torment Of
Third Degree examination. The case of
Smith is typical. Every visible circumstance
pointed TO his guilt. Absolute proof of the
crime charged against him was lacking.
William G.. Schrier. District Attorney Of
Bradford County. did what other proseCu-
TORS often do under similar circumstances.
lie used extraordinary pressure to obtain
confession and actually obtained it. The
Truth of that confession is now denied by
tho convicted man.
1t is natural for layman to wonder why
any person confronted with the possibility
of death sentence would incriminate him
self in writing. especially if he were inno-
cent Of murder. 4 knowledge of the extent
to which Third Degree examinations arc
sometimes pressed makes the tragic alterna-
tive seem natural enough The ingenuity Of
detectives and the will of prosecuting attor-
neys establish the only limits to the torment
often inflicted on prisoners suspected Of
murder or even lesser crimes.
The Third Degree is intended to shattcr
the mental and moral resistance of stubborn
or desperate prisoners. Suspects may be
kept awake for long periods. They may be
furious questioning carried on hour after
hour by successive relays of examiners.
They may even he threntcncd with physical
violence or actually assaulted il the inQuisi-
tors feel sure that they are withholding val
Uab" information. Men have been known
10 deliberately incriminate themselves. not
b""auS" they were guilty. but to obtain rest
for exhausted nerves or because they finally
succUmbcd TO blank despair.
There is something peculiarly admirable
In the zeal OF the lone newspaper man who
moved heaven and earth 70 save Smith from
the chair after he became convinced Of the
mans innocence George Wharton Pepper.
by offering his services free to penniless
and friendless prisoner. maintained one OF
the high and fine traditions of the legal
profession. Smith who insists that his
confession was forced from him. will prob
ably have new trinl. Mcanwhi". men like
Mr.. Pepper might do great good by initiat-
ing movement for formal inquiry into
the practice Of the Third Degree. Important
convictions have been obtained by that
method. But would not better police work
make 1t unnecessarily Prosecutors attemnt
to justify the practice fully on the ground of
moral necessity. But it was on that ground
that the lnquisition was justified by the men
who organized it,