The Murder of Dr. Robert Wade Brown
On November 27, 1920, Washington physician Robert Wade Brown was shot to death while he was working in his D.C. office (which also happened to be part of his residence on West Eleventh Street). Just before the shooting, Dr. Brown's junior colleague saw a man enter Dr. Brown's office whom he later described as being an African-American male around twenty-five years of age. After hearing shots being fired, the young doctor investigated and found Dr. Brown's body lying outside his office. He had been shot twice in the chest and once in the head.
A prominent member of Washington’s African-American community, Robert W. Brown's death devastated family, friends, and admirers alike. He was also considered to be one of the wealthiest African-Americans in the United States which is apparently what led to his being sent several threatening letters just months before his death. Whoever wrote the letters had been apparently trying to extort money from him. While police investigated at the time and failed to find whoever was responsible, they suspected that the gunman had killed him out of revenge or possibly in an attempt to steal drugs. Though there were no immediate suspects, a $1000 reward was posted by the dead man’s daughters as well as the National Benefit Life Insurance Company (of which Dr. Brown had been president). A coroner’s inquest concluded that he had been killed by an unknown assailant and the killing went unsolved for months.
A break in the case finally came in August 1921 when twenty-four year-old James Alphonso Frye was arrested by D.C. police following an arrest over an unrelated offense. Shortly after Frye was taken into custody, a Washington dentist, John R. Francis, told police that Frye was involved in the Brown murder. Frye had worked for Francis and had reportedly confessed to him that he had killed the doctor. Acting on this tip, police interrogators subjected Frye to intense grilling and managed to get a confession.
According to this confession , Frye had gone to Dr. Brown’s office to get a prescription to treat his gonorrhea. The bill was for two dollars and, when he told Dr. Brown that he only had half of that in his pocket, was told to get the rest. He left the doctor's office and tried to borrow money to cover the rest of the bill but had no success. Frye then went home to get his revolver which he offered to the doctor as collateral for the debt. According to Frye's story, it was at this point that the physician became hostile and, when he failed to leave his office promptly, attacked him. Frye insisted in his confession that he had taken out his gun and shot Brown in self-defense (his exact words were: "I tried to run to the door and he grabbed me again and knocked me down and I told him to put his hands up and he kept on hitting me, hitting me on the head, and in the struggle I think that my gun was fired.”). Frye would change his story repeatedly over the course of the next few months but the original confession seemed proof enough to charge him with first-degree murder.
Enter William Moulton Marston
After months of legal wrangling during which he repudiated his original confession and insisted that his confession had been forced out of him by police, Frye eventually changed lawyers. With few other options, he placed his life in the hands of two young attorneys, Lester Wood and James Mattingly, who also happened to be graduate students at American University. This is likely what inspired them to recruit American University professor William Moulton Marston to use his newly-developed "lie detector" to determine whether the accused was telling the truth or not. What this basically involved was using a sphygmomanometer to measure changes in blood pressure as the person being questioned answered a series of questions linked to the offense. While Marston and other researchers such as John Augustus Larson had already generated headlines over the ambitious claims being made, this new technology had never actually been allowed as evidence in a criminal trial before. ![Enhanced-5832-1429366110-17[1] Enhanced-5832-1429366110-17[1]](https://drvitelli.typepad.com/.a/6a00d834523c1e69e201bb091cdc4d970d-320wi)
As it happened though, William Marston was an irrepressible showman who relished the chance to make legal history. Born in 1893, he studied law and psychology at Harvard University as well as working as a research assistant for the legendary Hugo Munsterberg. While Munsterberg first proposed the use of experimental psychology methods in forensic cases, it was Marston (with the help of his wife Elizabeth) who developed the systolic blood pressure test of deception. His undergraduate thesis, Systolic Blood Pressure Symptoms of Deception, would later be published in the The Journal of Experimental Psychology. The rationale behind Marston's test was simple enough: when people lied, their elevated autonomic arousal could be measured through systolic blood pressure (later expanded to include galvanic skin response).
Though he intended to become a lawyer rather than a psychologist, Marston was convinced that his blood pressure technique would revolutionize criminal law. As he later told a Boston reporter, "This study of psycho-physics of deception is going to prove a great help to me when I begin to practice law. I have tried 100 experiments and every one has come out right. You can see what a valuable thing it will be to me when I cross-examine a witness."
With the outbreak of World War I, Marston offered his services to interrogate criminals and suspected spies using his new device. Working for the Psychology Committee in Washington D.C., his attempts at proving the effectiveness of his lie detector tended to yield mixed results that antagonized his supervisor, American Psychological Association president Robert Yerkes. Undaunted, Marston completed his law school education and eventually qualified to practice law, along with his wife Elizabeth.
After later receiving his doctorate at Harvard University, Marston launched a series of businesses as well opening his own law practice. To promote his research and establish himself as an authority on deception, Marston arranged a series of newspaper interviews describing the potential value of his lie detector. In one photograph run in a 1921 issue of the Philadelphia Inquirer, Marston is shown administering his test with a caption reading "“MACHINE DETECTS LIARS, TRAPS CROOKS." The article itself basically repeats what Marston already provided in his press release including such bold pronouncements as : "Successful lying will soon be a lost art, for science has perfected an instrument which is credited with being able to register instantly a falsehood." Heady stuff considering he was still a graduate student at the time.
James Frye and the Lie Detector
Once Marston graduated from Harvard, he took a new position at American University in Washington, D.C. It was there that both of James Frye's lawyers had taken Marston's new course on legal psychology, including his enthusiastic lectures describing his lie detector and its virtual infallibility. Using Marston and his new technique in James Frye's defense was largely an act of desperation on their part but they had few real alternatives. As for Marston, the Frye case (which was already one of the most-publicized murder trials in Washington) would provide him with the perfect opportunity to prove the value of his invention.
After meeting Frye and getting his consent, Marston carried out his test on June 10 at the D.C. jail where Frye was being held. As Frye himself would later describe what happened, "“He asked me several questions, none pertaining to the case, then suddenly he launched upon several questions going into every detail of the case. Several days later, I read in the Washington News where he had said I had told the truth." Based on his results, Marston expressed his satisfaction that Frye was telling the truth when he said that he had been coerced into confessing to the murder.
On July 19, 1922, James Frye testified on his own behalf and quickly denounced the confession he had made as being completely bogus. Not only was he innocent of Dr. Brown's murder but he insisted that it was the dentist, John R. Francis Jr., (the one who had originally implicated him in the murder) who was actually guilty. Frye claimed that Francis had admitted to the murder while they were both high on gin and cocaine. As Frye related in his testimony, Francis had been the one behind the extortion plot against the doctor and had killed him in retribution for going to the police.
Though Frye's credibility was already suspect, the news that William Moulton Marston had personally tested James Frye with his newly-developed "lie detector" generated renewed interest in what seemed like an open-and-shut case up to that point.
The Lie Detector in the Courtroom
The prospect of seeing this new device being demonstrated in the courtroom quickly became a major news story which led to a rush for any available seats in the courtroom where the trial was being held. Many people waiting for hours to be seated with the courtroom being quickly filled to capacity and beyond. Though Frye's defense team submitted all of Marston's publications (including his dissertation) to the judge to bolster his credentials, Chief Justice Walter McCoy flatly refused to allow the psychologist to testify and directed the jury to render a verdict solely on the evidence presented to date. Based on his reading of Marston's assorted research papers, Judge McCoy concluded that "so far the science has not sufficiently developed detection of deception by blood pressure to make it a usable instrument in a court of law. It would be entirely foreign to our practice to have such tests made out of court and not applied certainly to every witness who goes on the witness stand." He also added that, "once such instruments became as well known as the radio, the telephone, and the telegraph, then it might have some consideration in the court." He also rejected any attempt to have Marston qualified as an expert witness or to allow him to make any opinion about whether Frye was telling the truth or not.
With this last-ditch defense being rejected, James Frye's fate was sealed. The prosecutor for the case, Joseph Bilbrey summed up his argument by declaring Frye to be "the most colossal liar that ever appeared in court" and the jury took only an hour to find him guilty of second-degree murder. Though this saved him from the death penalty, the judge still sentenced him to life in prison and he was promptly sent to Fort Leavenworth to begin his sentence.
To nobody's surprise, Frye's attorneys, Mattingly and Wood, promptly launched an appeal arguing that William Marston's technique would prove that Frye wasn't guilty of murder and that police had actually forced the confession out of him. As for Marston, he basked in the notoriety the case had given him and promptly established what he proudly called the "only psycho-legal research laboratory in the United States" at American University. He also worked with Frye's two attorneys to launch what would eventually become a Supreme Court case over the admissibility of Marston's device in a criminal trial. It probably didn't help that Marston was charged with various counts of mail fraud just days after the appeal was filed. Though the charges were eventually dismissed, the stigma would haunt Marston for years and the publicity helped undermine James Frye's appeal. Since Marston was tied up in court on his own behalf, this also meant that he had less time to help with the Frye appeal
The Birth of the Frye Standard
Due to various deferrals, the James Frye's case would drag on for well over a year as his defense team prepared their final legal brief titled, "Memorandum of Scientific History and Authority of Systolic Blood Pressure Test for Deception Memorandum of Scientific History and Authority of Systolic Blood Pressure Test for Deception." Along with listing the various errors of law which they felt had been made in the Frye trial, they also outlined their case for allowing Marston's device to be allowed in the courtroom. The brief was also notable for downplaying Marston's own contributions (likely due to the mail fraud charge still hanging over him). The brief finished by arguing that allowing evidence using Marston's sphygmomanometer was just as valid as allowing forensic psychiatrists to express an opinion about mental illness.
To counter Mattingly and Wood's brief, the U.S. Attorney's Office responded with their own brief prepared by Peyton Gordon and Joseph Bilbrey. This new brief basically focused on William Moulton Marston and questioned the credibility of the evidence he was trying to provide. Gordon and Bilbrey also cited a law review article written by Harvard Law School professor Zechariah Chafee which was openly critical of Marston's research. Not only was Chaffee a noted legal authority, but he actually knew Marston, having had him as one of his students. Despite this, Chaffee pointed out that Marston's research was simply too untested to be accepted in a criminal trial. Which was what Gordon and Bilbrey had been saying all along.
And the D.C. Circuit Court of Appeal agreed with them. On December 3, 1923, the court handed down a 669-word decision upholding the original verdict and provided what would be commonly known as the "Frye test" for whether scientific evidence should be allowed as evidence in a criminal trial. The decision stated, in part:
Just when a scientific principle or discovery crosses the line between the experimental and demonstrable stages is difficult to define. Somewhere in this twilight zone the evidential force of the principle must be recognized, and while the courts will go a long way in admitting expert testimony deduced from a well recognized scientific principle or discovery, the thing from which the deduction is made must be sufficiently established to have gained general acceptance in the particular field in which it belongs.
The Frye decision would set the standard for scientific testimony in every U.S. state for decades to come and would also influence legal decisions in many other countries around the world. Not until the case of Daubert v. Merrell Dow Pharmaceuticals in 1993 would any other legal decision regarding scientific evidence come close to being as influential.
Ironically, though the decision provided James Frye with legal immortality (whether he wanted it or not), it carefully removed any reference to William Moulton Marston or the device that was at the centre of the controversy. Marston, for his part, despite expressing disappointment over the ruling, eventually moved on with his life including having children with two women (at the same time, but that's another story), as well as creating the comic book character, Wonder Woman, a legacy that remains with us long after Marston's death in 1947.
James Frye would eventually be paroled in 1939 after serving eighteen years in prison. Long after his release and up until his death in 1956, he would work tirelessly trying to clear his name and insisted that he had been convicted due to racial bias (a distinct possibility given the political climate of that era). His repeated attempts for a pardon in his case were continually denied.