The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1931-12-10
BRUTALITY BY
POLICE Played
|. BY HIGH COURT
Fines and Sentences Given
Ft. Wayne Cops Upheld
by Judge Martin.
ASSAILS THIRD DEGREE
Theft Suspect Beaten and
SIugged, ReCounted Evil
dence Shows.

Brutal police methods are roundly
condemned, and the So-called third
degree" was termed "indefensible
and in violation Of the Constitu-
tion," in an opinion handed down
today by the supreme court.
The decision af1rms the $50 fine
and thirty-day jail sentence of Isay
Bonahoon and Frank McGary, FIT.
Wayne policemen, on assault and
battery charges.
They were found guilty of beat
ing George DANIELS, whom they
had arrested as a suspect in a gaso-
line stealing case.
Here is what the evidence showed,
according to the opinion written by
Judge Clarence R. Martin:
George Daniels was arrested by
motorcycle officers at II p. m, Feb.
Is, 1881, and taken to the FIT. Wayne
police station upon suspicion. (Some
gasoline previously had been stolen
from a garage in yard where he
was found prowling)
Give Him Third Degree
The appellants, who were plain
clothes officers, took Daniels to the
detectives room, about AXIS feet in
size, on the third floor of the police
station, and gave him what is some
times called the third degree"
At the time, no warrant had been
issued for Daniels arrest, and no
charge of crime formally had been
placed against him
They questioned him, accused him
of stealing gasoline and of lying,
called him vile names, tried to make
him confess that he had stolen gas
cline and threatened him with
bodily injury, if he did not confess.
McGary, with his fists, hit DAN
nels in both eyes, cut the top Of
his head, and beat him with a rub
Der hose on the head and ears until
he (McGary) was painting and per-
spiration ran down on his face, the
evidence shows.
Fellow Cop Testified
Bonahoon then took the hose and
continued to beat Daniels with it.
A police officer testified that he
overheard the conversation which
went on for half an hour in the
detectives room, that both McGary
and Bonahoon said, 1--WE will beat
your head off if you don't tell the
truth and that Daniels said,
please don't hit me any more. 1
did not steal gasoline"
The opinion then goes on to set
out testimony Of officers that Dan
nellS came from the room badly
cut and bruised at l a. m. when he
was locked in cell.
His ear was bleeding, a scar was
on his nose, marks on his head, his
right cheek bone swollen, his face
full Of welts and one eye red and
almost closed, it is related.
McGary, who weighed 100, and
Bonahoon, 230, each had their
hands dressed at a hospital after
conducting their investigation Of
the prisoner" the opinion sets out.
Discounts Defense
1t declares the evidence was am
pie to justify the assault and bat
terry charges and discounts the con-
tention of appellants attorneys
that they were arrested under the
wrong statute, and should have
been charged with using third re-
gree methods rather than assault
and battery.
Judge Martin then offers some
advice to officers who would substi-
tute brutality for mentality in OBJ
tanning confessions.
Confessions obtained or extorted
| by police officers through threats,
fear, physical force or violence are
useless because they are not admis-
sible in evidence.
'The acts of the appellants, as
proved by the state in the case at
bar, were indefensible and in viola
ton of the Constitution. The official
position Of the officers provides
them no defense for an assault
/ which the law prohibits"