The Washington times. [volume] (Washington [D.C.]) 1902-1939, 1924-11-03
PE::RRYCI) IS.
GRANTED
RETR|AL
Court Severely Raps Third
Degree Methods Practiced
on Condemned Youth

Edgar Randolph Perrygo, con-
victed in the early part Of 1920 Of
first degree murder in connection
with the killing Of Mrs. Emily
Faithful at her home in Congress
Heights, Is to have new trial.
This decision was handed down
today by Justice Robb Of the Court
Of Appeals who is his opinion
severely condemned the so-calIed
third degree" which, IL Is claimed,
was employed in obtaining . con-
fession from the then seventeen
year-old defendant, stating that
the "so-called third degree methods
have no place in our civilization"
Entitled to Rights.
While It IL to be expected" said
the court. ''that police officers win
manifest zeal In the detection Of
crime. the citizen is entitled to the
secured to him by our
Constitution and laws. It is APP
parent, that the defendant, in a case
like the present, not only Is at 3
serious disadvantage during Cruel
ling examination by several police
Officers, but that this disadvantage
attends him at the trial, when the
officers may or may not remember
all that occurred at the examination"
The Judgment Of the lower court
was reversed and the case was re.
manded for a new trial. Attorney
James A. O'Shea and John /. Sacks
appesred for Perrygo. These law.
yers also obtained a reversal OF
the Wan case recently in the United
States Supreme Court in which this
tribunal ruled out q confession
which Wan is supposed to have:
made under the "third degree
method.
Refers TO Wan Case.
Justice Robb. in the course OF
his lengthy opinion In the matter,
referred to the Wan case, saying
that ''in that case, as here, the
question whether the, confession
was voluntary had been submitted
to the Jury. The court ruled, how
ever, that the testimony Of the SUI
perintendent Of ponce, three detec'
lives and the chief medical officer
cleft no room for a contention that
the statements Of the defendant
were. IN fact, voluntary since the
undisputed facts showed that com.
pulsion was applied"
In the present case, according to
the evidence for the Government
held the court, ''the defendant, with.
In q few hours Of his arrest, exam
nation and confession had muir.
dered q helpless old woman ana
turned over to the girl he was
about to marry the money he had
obtained thereby"
Complained Of Headache.
After his arrest he complained
that che had headache and felt
sick'' and, unless he was utterly
bereft of human emotions, that was
a mild characterization Of his con-
dition. In addition, ne was but
seventeen years old and OF low
mentality. We do not mean to
indicate that he could not under"
stand right from wrong, but we do
mean that his age and mentality
are important factors In determln.
ing, whether In the circumstances
admittedly surrounding him, his
confession was voluntary.
SURROUNDED as he waH," con-
tinued the court, ''by four and at
times five police officers, who all
questioned him, he persisted In his
denial OF guilt for more than en-
hour and half, and II was not
until the girl, Mabel Hill, was
brought into the room that he
made an inculpatory statement.
The undoubted purpose of con.
fronting the defendant with the Hill
girl was to induce him to make an
discriminatory statement. No other
purpose could have been subserved
by her presence"