Blogger: If It Was Torture in Mississippi, Then It's Definitely Torture, Right?
Waterboarding, known ironically in earlier times as "the water cure", remains -- in the view of this administration and many supporters -- not torture. And if it's not torture, then it's not cruel and unusual punishment or a violation of due process.
But here's the rub.
In 1926, the Mississippi Supreme Court called the water cure torture. No qualifiers. No hedging. Just plain, good ol' fashion torture . . . and therefore a forbidden means for securing a confession. These men were hardly a group I'd call *activist* or *liberal* and certainly not bent on subverting our country in the name of coddling criminals.
In a case called Fisher v. State, 110 So. 361, 362 (Miss. 1926), Mississippi's highest court ordered the retrial of a convicted murderer because his confession was secured by a local sheriff's use of the water cure.
Here's the court:
The state offered . . . testimony of confessions made by the appellant, Fisher. . . [who], after the state had rested, introduced the sheriff, who testified that, he was sent for one night to come and receive a confession of the appellant in the jail; that he went there for that purpose; that when he reached the jail he found a number of parties in the jail; that they had the appellant down upon the floor, tied, and were administering the water cure, a specie of torture well known to the bench and bar of the country.
Fisher relied on a case called White v. State, 182, 91 So. 903, 904 (Miss. 1922), in which the court took -- as I understand history in those parts -- the unusual step of reversing the murder conviction of a young African-American male, charged with killing a white man (it appears), because his confession was secured by *the cure*. The court said:
. . . [T]he hands of appellant were tied behind him, he was laid upon the floor upon his back, and, while some of the men stood upon his feet, Gilbert, a very heavy man, stood with one foot entirely upon appellant's breast, and the other foot entirely upon his neck. While in that position what is described as the “water cure” was administered to him in an effort to extort a confession as to where the money was hidden which was supposed to have been taken from the dead man. The “water cure” appears to have consisted of pouring water from a dipper into the nose of appellant, so as to strangle him, thus causing pain and horror, for the purpose of forcing a confession. Under these barbarous circumstances the appellant readily confessed . . .
If"the cure" was seen as a barbarous form of torture in Mississippi in the 1920's, I guess I'm at a loss to understand exactly how our attitudes about the process have progressed to see it as an acceptable means of interrogation 80 years later.
I suppose, in light of this administration's position on waterboarding, that both Fisher and White are teetering on irrelevance. Truly amazing.