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Hi, everyone, Malcolm here. We'll be bringing you the winning vote getter of our Revisionists Revisited competition next week. It was a nail biter. Right now, I have to tell you about a stunning new show from Pushkin Industries because you're going to love it. It's called The Last Archive conceived of, written and hosted by one of the smartest historians on this planet, Jill. She's a professor at Harvard and a staff writer at The New Yorker. And her podcast pursues a mystery across time.

[00:02:08]

Who Killed Truth? Each episode tells a story from a different decade in American history. Joe was also inspired by old fashioned radio dramas, so her team tracked down the sound effects library from the 1930s, one that have been sitting around an archive on discs made from shellac resin shellac. And we digitized them so the producers could sprinkle the sounds of the past throughout the series. The result is like nothing you've ever heard before. The show is out now.

[00:02:36]

Here's the second episode.

[00:02:38]

It's called The Detection of Deception.

[00:02:41]

Give it a listen and then subscribe to the last archive. Imagine there's a place in our world where the known things go, a corridor of the mind, its walls lined with shelves stocked with proof and cluttered with clues here on top of this filing cabinet, a wooden box with a brass nameplate.

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W m m damn clocked. This place, this vault stores the facts that matter and matters of fact. All that stands between reasonable doubt and the chaos of uncertainty, it lies in a time between now and then, the sign on the door reads the last archive, wind your watch back a century, step across the threshold and into a lecture hall.

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The class met twice a week at American University, two blocks from the White House in the spring of 1922, in the evening, all the students were lawyers.

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There were young men. The professor, only twenty eight, was hardly older than his students, William Moulton Marston.

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But Professor Marston had a B.A. and a JD and a Ph.D. He was an intellectual, roeg, handsome, dangerously charming, almost as charming as he was ambitious. He was trying to establish a new discipline, the science of testimony, the science of how, you know, whether someone is telling the truth. He like to teach by way of experiment. And on this particular evening, he was conducting an experiment on what eyewitnesses can actually notice.

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And remember, it seems to be a regrettable fact that little systematic psychological experimentation is being carried on in the field of testimony. Much valuable material is being produced by psychiatrists, sociologists and criminologists from time to time. But the subjects of such studies are either psychopathic or criminal variables from the criminal variance. And yes, in the middle of Marston's lecture, a young man entered the hall.

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He wore leather gloves in his right hand. He carried an envelope. Tucked under his left arm were three books. One red, one green, one blue. I've read Marston's lecture and I read his report on this experiment. What happened next? I like to imagine.

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Sorry to interrupt, sir, but the messenger handed the professor the envelope. Professor Marston opened the envelope, pulled out a yellow paper and read its contents. Well, Professor Marston was reading the message. The messenger slid a second envelope into Professor Marston's pocket and then the messenger, using only his right hand, pulled out of his own pocket a long green handled knife. The messenger opened the knife and began scraping his gloved left thumb with the edge of the blade, sharpening it on the leather.

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Yeah, that'll do on your way. Yes, sir. Students, that man was an actor.

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Oh, watch. This has been a charade. An experiment. Take out a fresh sheet of notepaper this very instant and write down every fact about what just occurred. Every last detail, no matter how seemingly insignificant you have.

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One minute, my dear listeners, these people are actors and this too has been a charade.

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An experiment, please. Now this very instant. Tell me what you just heard.

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Is that all you can remember all the details? Let me see if you left anything out. What university are we at in what year? What time of day is it?

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What part of the country was the messenger from? What color was his knife?

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Time went down your pencils, your paper to the front of the room, I think California. All right.

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Marston had identified exactly 147 facts that the students could have observed about the messenger, the number and the color of the books, the fact that he held them under one arm, his left, the color of the paper in the first envelope, yellow.

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And then Professor Marston collected his students responses and tallied the results out of one hundred and forty seven observable facts. The class on average noticed only thirty six oh oh.

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And since two of these facts were errors, I am only counting thirty four point thirty four out of 147 facts for a testimonial accuracy rate of precisely twenty three percent.

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And not a single one of you noticed the knife.

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This is the last archive, the show about how we know what we know, how we used to know things and why it seems sometimes lately as if we don't know anything at all. I'm Jill Lepore. Lapore. This season we're trying to solve a crime. Who killed Truth this episode?

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We're looking at a trial set in motion by the experiment Professor Marston conducted that night in 1922, an experiment that involved a machine I'd make a machine you've probably heard about.

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Did you ever hear of a lie detector?

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The lie detector, you probably know it from the movies.

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You may lie to us. You can't lie to that.

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The machine itself, the polygraph machine was invented by someone else. But the test, the blood pressure test that had been invented by William Moulton Marston, that professor who like to experiment on his students.

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OK, most of us aren't very good at telling whether or not other people are lying, Marston thought a machine could tell better. It is neednt. You see the even little line this needle's making and you tell a lie. We can and this needle shows it on the chart.

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We take this sort of thing, this sort of movie scene for granted. There's scenes like this all over the place, every police procedural, every episode of Law and Order. But when you're conducting a historical investigation, you're supposed to pause and think about the things you take for granted. Think about them until you don't take them for granted anymore, until they get weird the way if you think about a word like pumpernickel, after a while, it starts to sound really strange.

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Pumpernickel, pumpernickel, polygraph, polygraph. And once things get strange, you can ask questions about them because you can see them more clearly, so you can ask. Why trust a blood pressure test more than your own judgment? It used to be that only God could decide the truth of testimony. For centuries, murder trials involve the courts trying to get God to speak through the dead body. If it bled when you touched it, you were guilty even after trial by jury.

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Replace this sort of thing, trial by ordeal, this idea that the dead speak Lynyrd. In its way, the lie detector is the kind of ordeal, except it doesn't look for guilt in the blood of the corpse. It looks for guilt in the blood of the accused. Mastan described his method in his undergraduate thesis.

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The special problem suggested to me in the Harvard Psychological Laboratory was an investigation and the changes in blood pressure resulting from an effort to hide the truth. Marston kept refining his truth, Escobar through graduate school and law school and during the First World War, when he did experiments on soldiers and prisoners of war, he was seeking fame and fortune for sure. But he also had a noble motive. When police couldn't get criminals to confess, they pretty often beat them up.

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They gave them what was called the third degree. Marston had the idea that if police had a lie detector, they'd stop beating people up in 1922. At the same times he was teaching at American University in Washington, Marston decided that the time had come for a real world test. He wanted to prove that his method worked. To do that, he wanted to get the results of a lie detector admitted as evidence in a criminal trial. He needed a client desperate enough to hand his fate over to an untried experiment.

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Inspector Clifford Grant, record of an interrogation August twenty second nineteen twenty one one thirty PM, what is your name, James Alfonso Frye. James Alfonso Frye would soon become the subject of another one of Professor Marston's experiments. I was young and unmarried. He was lean and handsome with short hair and big ears. He'd fought in the war. He worked in a dentist's office and he was broke as he later wrote. How was a young man of twenty one years and penniless?

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The quartet assigned me a lawyer. Police have charged James Alfonso Frye with the murder of Dr. Robert Wade Brown, the president of the National Life Insurance Company and the richest black man in Washington. Here's what we know about the night Dr. Brown died was a Saturday in November 19 20, Brown was hosting a party at his house celebrating his alma maters. Football victory when? Someone knocked his front door, Brownwood, to answer and was shot dead. On his very doorstep.

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The murderer, some people said, escaped down an alley or. Brown's grieving family and his company together offered a thousand dollar reward, but the investigation had come up short. Although a lot of Brown's guests witnessed the murder or at least glimpsed the murder, it all happened so suddenly that they could remember hardly any details. Months later, the police were still searching for Dr. Brown's killer when they arrested a young black man on an unrelated robbery charge who was free, he and a cousin had robbed a guy of a wallet, a ring and a watch, a petty theft.

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During his trial for robbery, one witness, a man who worked at the same dentist offices for I told the police that Fry had confessed to him that he fry had killed Dr. Robert Brown.

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And it turned out that Fry had, in fact, been at Dr. Brown's house on the night of the murder and that he had brought a gun. And when the police questioned Frye, he confessed to the murder. The police had to get that confession on record. So they brought him into an interrogation room where they questioned him all over again. They wouldn't have made an audio recording this is 1921, a little too early for that, but they made a transcript and here in the last archive, we've got a copy.

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You have told my colleague that you killed Dr. Brown. Are you willing to tell me about it? Yes, sir. When I first went to Dr. Brown's, I had a dollar and I asked him to give me a prescription because I had been told I had gonorrhea real bad. He then said he couldn't do anything for me for a dollar. He said, Don't you son of a bitch, just come around here with only one dollar. I said, then he'd left and gone to try to raise money for the medicine by putting his pistol a forty five automatic no luck.

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So he said he went back to Brownes with his loaded gun tucked into the belt of his pants. But when he got there, he said Brown sent him away again, told him if he didn't have the money to get lost and he struck me over the left.

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Why did he have any weapon in his head? No, sir. Then I took the butt of the gun and hit him. And that didn't do any good because he struck me again. And I tried to run to the door and he grabbed me again 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 my gun was fired. They're just there with that slight, cautious admission.

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I think my gun was fired, James Frey confessed to killing Brown. But Fry, who didn't even have a dollar to pay for a prescription, couldn't afford a lawyer. Here's what Dr. Mastan comes in in that course on the law of evidence.

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Two of his young students told him about the case and then they volunteered to take Frys case for free, defending him against the charge of murder. First, they went to visit Frye in prison. The students, Professor Marston and his contraption, a blood pressure cuff or a sphygmomanometer Mastan hooked fry up.

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Someone took a photograph.

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You can see things in a photograph that you can't see in a transcript. In the photograph, Frye, a black man, is surrounded by white men. Professor Marston and his law students all in dark suits as they strap fry into Marston's machine. Marston grasps Fry's arm, taking readings from his body. Fry later described the experience.

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Several months after I had been confined in the D.C. jail, my attorneys came to see me accompanying a Professor Marston. This learned doctor was later known to me as the inventor of the lie detector. He asked if I would submit to the use of this instrument to such requests. I readily agreed. He asked me several questions, none pertaining to the case. Then suddenly he lost upon several questions going into every detail of the case. At the metropolitan courthouse one month later, this graph was supposed to be the ace in the hole for Frys defense and perhaps it would catapult Professor Marston to fame as the greatest legal mind of his generation.

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But the judge assigned to the case, Chief Justice Walter McCoy, was famously stern and he was miffed.

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This was a big murder trial and a lot of DC s black community had come out for it and Mastan had alerted the press about it.

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So there were a lot of reporters there to judge McCoy was no fool. He saw early in the trial the long game this Professor Marston was playing. Marston wanted to replace trial by jury with trial by lie detector.

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All right.

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The prosecution called the detective who had taken Frys confession. I called the stand detective, Clifford Grant. I interrogated James Frye on August 22nd. Nineteen twenty one.

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Detective Grant testified that Frey had confessed to him. But then Frey's lawyer, Madingley, started bringing in his witnesses.

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I called to the stand James Frey. Could I have a glass of water? Not a word, my confession was true, Frey recanted, he insisted that he hadn't killed Brown was going to be hard to convince a jury of this, but Marston offered to prove with his lie detector where the real truth lie. It was a slim hope for I knew Frey later wrote that there had been no real chance for a black man in Washington in 1922 to get a fair trial.

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If I am neatly dressed and can explain myself, I'm considered being a smart aleck and must be guilty. But I'm dressed in overalls, unable to explain the situation. Then I'm considered a brute and still must be guilty.

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In any ordinary trial, a train of witnesses would make their statements, the guests at Brown's house, the police who investigated the crime, the people who could give evidence in support of Fry's alibi, and then the jury, 12 white men would decide who to believe those men would find the facts of the case and issue a verdict. But which words of fries were true, the confession he'd given to the police or the recanting he did right there on the stand?

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Frye's lawyer gamely tried to follow the Mastan defense plan. If, your honor, please, at this time, I had intended to offer in evidence the testimony of Dr. William Marston as an expert in deception.

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His testimony on what testimony as to the truth or falsity of certain statements of the defendant, if, your Honor, please, if you object to it, I will sustain the objection. No other judge had admitted the lie detector test as evidence, and Judge McCoy didn't want to be the first one to do it. He all but begged the prosecution to object to this evidence. And when they didn't, he began objecting himself.

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The witness was here on the stand and it is for the jury to determine whether or not he was telling the truth. That is very true, Your Honor. But as expert testimony is not this proper, as competent evidence to go before the jury to ascertain what Dr. Marston's opinion is at this time?

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Oh, well, we get to be more or less experts ourselves, and so do the jury upon the question of whether anybody is telling the truth or not. That is what the jury is for.

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That is what the jury is for. It had taken centuries for ordinary people, even if only still men, white men, to gain the right to serve as jurors of the guilt or innocence of their peers. But in the early decades of the 20th century, a lot of scientists calling themselves experts thought they knew quite a bit more than jurors that they had tools, methods, even machines that could find out the truth. Judge McCoy was smart enough to see the size of William Marston's ambition, and he was determined to foil it when the next witness came to the stand, Madingley again approached the bench.

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He had another prop.. I love this part, the jousting, the little duel. But Madingley was wildly outmatched.

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If, your honor, please, before this witness begins to testify, may I inquire whether Your Honor would permit systolic blood pressure test to be taken during an examination of the witness on the stand? If we are going to have a systolic test, we will have to test every witness who testifies in the case. If there is any science about it, we might as well apply the science to every witness. Mind you, I do not know anything about the test at all.

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I had certain pamphlets submitted to me yesterday to look at of some Dr. Mastan, I believe his thesis when he got his Ph.D. degree. I'm going to read them when I come back from my vacation. I see enough in them to know 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 when it is developed to the perfection of the telephone and the telegraph and wireless and a few other things, we will consider it.

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I shall be dead by that time, probably, and it will bother some other judge, not me.

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Judge McCoy was a piece of work after that.

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Madingley bumbled along for a little while before concluding, and then the prosecution delivered its closing words.

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James Frey is the most colossal liar that ever appeared in court. I rest my case. The jury deliberated for less than an hour and found James Frye guilty of second degree murder. Judge McCoy sentenced him to life in prison.

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And four, I went by train to Leavenworth. He was supposed to spend the rest of his days in jail.

[00:24:18]

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Learn more at Smith Dotcom Slash Revisionist History and use code Gladwell a out for fifteen dollars off your first order of 75 dollars or more. Professor Marston was conducting an experiment, but it's not an accident that his test subject was a penniless black man accused of murder, Marston became a psychologist at a time when social scientists of every stripe were expected to try and solve what was called the Negro. Problem with that problem was shifted all the time, but never the commitment to the notion that facts alone couldn't solve the Negro problem.

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Only numbers good social scientists counted everything. They measured the circumference of the skull, the length of a life, the density of a neighborhood, the pressure of blood. Nearly a century after the Frye trial, historians still spend a lot of time looking back at this moment, the period from about 1890 to 1930. Some of the best work in this field is done by a colleague of mine, Khalil Gibran Muhammad, professor of history, race and public policy at the Harvard Kennedy School.

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The first time I met him was at an academic conference with a one word title numbers, we're both really interested in numbers and why people count things, what kind of knowledge numbers add up to and what they subtract.

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One of the most amazing things about the late 19th century, looking at that kind of local and national data, is that it looked today like an Excel spreadsheet printed out and folded many, many times over.

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A lot of Khelil Mohammed's work focuses on how after the Civil War, after emancipation, sociologists and government agencies collected statistics on black crime to argue that black people were, by their very nature criminal, that they were genetically not fit for their freedom and so had to be watched and studied endlessly.

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You could almost think of it like a person who is in rehab and you develop certain protocols to keep track of their progress. How many meals, how many hours do they sleep? What are the signs of a healthy lifestyle? Whereas you wouldn't do this for a normal person, you wouldn't keep a ledger of such things. And so was that. To use this metaphor, it was that ledger keeping of African-Americans that was a reflection of those same progressives thinking black people are not still fully ready for full participation.

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So we'll keep an eye on this crime thing. Well, the truth is, we live in the wake of all these ideas. They're baked in to our consciousness already. So we know what to make of it. We can either make of it that black people have a crime problem or that black people are subject to systematic racism in the system.

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Or we might say some mixture of both these ideas we live in that are already in our consciousness. A lot of them go back to a man named Frederick Kaufman. In 1896, he published a book called Race Traits and Tendencies of the American Negro and wanted to argue that blacks were inferior. Up until then, those arguments had been based on racial pseudoscience, measuring skull sizes or some other physical differences.

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Hoffman was pretty innovative and shifting that gaze to crime statistics. And from that point forward, the framework that he used, that the disproportionate evidence of black people being in prison was was on its own with no further analysis, no footnotes, no asterisks.

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The best proof that black people were inferior to people of European descent, police discrimination and brutality didn't matter of conviction.

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None of that stuff mattered. A few other factors about what happened. And the culture just sucks that up like a sponge. Yeah, and it still does.

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Professor William Moulton Marston, he wanted to turn James Frey into a set of numbers, the numbers on the graph paper from his lie detector test, Marston wanted to turn into a number not to prove that he was a criminal, but to prove that he wasn't. And maybe I should admit here, I don't know whether James Frey was guilty or not. He was at the scene of the crime. He had a motive. He had a weapon, and he confessed.

[00:31:13]

So it looks pretty bad. But then again, Mastan had a lot on the line and he was pretty sure that Fry was innocent. I might not be sure whether Frye was guilty or not, but I'm pretty sure Marston never expected to get Frey acquitted. Instead, he was hoping to take Frys case all the way to the Supreme Court to demonstrate the merit of his invention. Marston dreamed of convincing the nation's highest court that his machine could tell better than any jury who was telling the truth.

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Men come to judge this question by certain arbitrary standards in the course of their dealings with others. After four, I went to prison, Marston helped a student lawyers file an appeal or to be honest, I'm pretty sure Marston just wrote the brief himself. It asked, how does the court tell whether or not someone is lying? The decision may hinge upon the look in the eyes, the expression on the face, the nervous condition of the witness, the rosy flush which suffuses his countenance, or upon any one of many other evidences which may or may not be taken to indicate truth or deception.

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We say that there is no standard and no logical or reasonable basis for the determination of this question in general, in the absence of positive evidence of deception, and that if science has developed a method of accurately determining whether a man is in a mental condition or state of truth or of deception, the court and jury should be given the benefit of this assistance.

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But the state, in its own brief, said that the idea of trial by lie detector was ridiculous.

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Whatever may be said against the system of trial by jury under the Constitution and laws, a jury of 12 impartial men are peculiarly fitted to sift conflicting and contradictory testimony and arrive at a just verdict. As for Marston, whether he can or cannot detect deception is something that does not appear to be known to anyone except Dr. Maasdam.

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At the end of nineteen twenty three, the D.C. Circuit Court of Appeals issued its decision in Friday versus the United States. The court ruled against Frye and also against Mastan and his lie detector. And the decision established a new rule of evidence, something that came to be called the Frye test.

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It became the most cited precedent in the history of law and science. The free test is a test of evidence, a rule that a judge applies and deciding whether or not to admit the testimony of a supposed expert. It's only 81 words long, but I'm going to make you listen to all of them, listen for what the rule says, but listen to for what it doesn't say.

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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 obtain general acceptance in the particular field in which it belongs.

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All of the facts of this case were stripped out of the ruling. That's how the law works. All that survives when courts apply the free test are those 81 words. Everything else is raised, including one very important circumstance, something pretty widely known at the time, but that since then has been almost entirely forgotten.

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That fact is this between for his trial and his appeal, federal marshals went to the office of Professor William Moulton Marston at American University, and there they arrested him for fraud. It turns out that the inventor of the lie detector test, he was a notorious liar. So did he ever give you guys a lie detector test? Oh, yes. We were experimental animals. So tell me about that. Was I like, well, a sham, really.

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None of us had believed that at all. And as far as settling disputes around the house, it was laughable.

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That's Burne Hollaway Mastan, the son of William Moulton Marston, he of lie detector fame. Byrne is 88, a retired obstetrician. He's a sweetheart. I first met him a few years back when I got fascinated by the crazy, truly crazy story of his father. Byrne was born in 1931, nine years after the Frye trial. Little Byrne was beloved, and like everything else in his father's life, he was an experiment, a test case, among other things, for his father's lie detector test.

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So it's like who's still you, Don sweater, was it you, Peter, you burned, let's give you a lie detector test.

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I wasn't a regular basis, but it did happen. The fact that Mastan was a father of four and used to use his lie detector test on his kids is a good story. But there are other reasons to spend a little bit of time with Marston's private life first, because it's completely zany, and second, because Marston's public persona turns out to have been one big lie. Mastan Lemaitre inventor arrested, charged by Boston authorities with using the mails to defraud William Marston, a professor at the American University, was arrested yesterday at a preliminary hearing.

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He was held in a three thousand dollar bond. Marston several months ago constructed a machine which he declared could detect lies.

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The charges against Marston actually had nothing to do with the lie detector. They had to do with a super sketchy business scheme of his. The charges were also eventually dropped, but all this was going on at the same time Marston was working on Frys appeal.

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Marston lost that appeal, Fry lost that appeal, and Marston got fired from American University.

[00:37:32]

But that wasn't the end of William Moulton Marston. He got another job teaching at Tufts, where he began an affair with one of his undergraduates, a young feminist named Olive Byrne. She came from a radical family. Her mother and her aunt Margaret Sanger had together opened the first birth control clinic in the United States. What became Planned Parenthood? My friend Byrne Marston. Olive Byrne was his mother, my mother. Was a. So I see the Irish witty, attractive, black, Irish black hair and pale skin, freckles and his blue eyes, blue eyes.

[00:38:15]

And just so that was the beginning of the Irish atwa.

[00:38:21]

Oh, yes, the menage a trois. Professor Marston had radical ideas about sex and about gender roles, too. He had four children by two women, his wife, Elizabeth Holloway, and Byrne's mother, Olive Byrne. Byrne's own name is Smashup Byrne Holloway Marston. He's got the names of each of his three parents.

[00:38:43]

The grown ups lived as a threesome, which, as you might guess, was something of a family secret because at the time he could be blacklisted from academia, from any job for homosexuality, not to mention polyamory. The Martin clan eventually moved to New York to a big house, a place they called Cherry Orchard. Brunelli says it was an incredibly fun way to grow up with so much love. And this kooky father, he did not conform. You hear him coughing at night.

[00:39:12]

They smoked all the time and he celebrated better in the reclining with a whiskey in it.

[00:39:24]

He was a big guy. Yeah, he was very. Yeah, he was. I think it's probably about six feet tall, but his weight very. And at one time he got to 300 and they said, that's great. I'm going to join the Fat Man's Club in New York, which is actually the real thing, the real thing. But he that was his life. He was always creating, I guess, because, as you know, the variety of things that he did were incredibly there.

[00:39:58]

Always self-help stuff for Reader's Digest threw himself into things when he you know, when he did them, Marston was furiously curious. Oh, he's conducting experiments. Oh, he's looking for the next big thing.

[00:40:11]

But whenever anyone found out about his polyamorous family arrangements, they fired him.

[00:40:17]

He lost his job at Tufts and then he lost a job at Columbia. So then he went, we're all disgraced. Academics hope to go.

[00:40:25]

He went to Hollywood. He was in all the gossip columns, New York Evening Post.

[00:40:32]

Dr Marston, who won't write, be a Ph.D. and LLB after his name in another week. Because Hollywood is touchy about such things, it's going to be the psychological authority behind all forthcoming motion pictures from one big concern in Los Angeles.

[00:40:49]

Marston went to work for Universal Studios, has a consulting psychologist mainly on horror films. What he'd do is he'd hook up whole audiences to his lie detector while they watched the rushes. Then he'd advise the studio. How about whether the films were too racy or too scary or not scary enough or not racy enough? He did other nutty experiments, too.

[00:41:11]

Dr. Marsden and Emotion. It's 18th of July 1930, and Dr. William Marston demonstrates a complicated device whereby he claims he can determine and compute comparative emotions of blondes, brunettes and redheads, says Mostert.

[00:41:27]

Ladies and gentlemen, hold on to your hats. Here comes the real voice of William Marston.

[00:41:33]

This is the sphygmomanometer, an instrument which measures the subject's blood pressure. Yeah, this is the kind of graft from which records the breathing. Breathing is taken with a normal graft around the subject's chest. We are now going to test the girls reactions to gambling.

[00:41:53]

The announcer watches the needle marks into a rotating drum thingamajig, a kind of graph.

[00:41:58]

There is kind of graph with the indicator showing one girl's reaction to game of chance. Needle is moved by subject's breathing. Here we see how Readhead reacts to gambling and actually wins. Masters of Motion to find her indicates that redheads show most emotion when gambling.

[00:42:14]

When I visited Bernard's house, we watched the newsreel together and he'd come out the year he was born watching Love Scene.

[00:42:22]

Oh, man, that's just so. It's like a quack show, the what it is, I don't know.

[00:42:35]

I think it's immensely charming, but like, did he believe that or is that just show? I think it was show because he had a walk on the purpose of a New York City, you know, 20 stories up and see which one would react the most. I mean, it's yeah, it's a little it's not very scientific. Yeah. I have a theory, I think people who study lying tend to be liars, compulsive liars. Marston definitely was what are the facts about razorblade quality, that's what you wanted to know and that's why JULlETTE retained Dr.

[00:43:16]

William Moulton Marston, an eminent psychologist and originator of the famous lie detector, to conduct scientific tests that reveal the whole truth. Truck drivers, bank president, man, in every walk of life, these men shave well. Every reaction is measured and recorded, not knowing which is which. Each subject shaves one half his face with a Gillette blade, the other with the blade of a competitive brain. While the lie detector accurately charts the reaction in more than nine out of every 10 cases, the Shaver's choose juillet, says Dr.

[00:43:59]

Morris. Then the results of my study make it possible for me to state flatly and back my statements with positive proof that Gillette blades are far superior in every respect to competitive, blades tested. Gillette Blades precision made. The FBI apparently had by now had enough of Dr. William Moulton Marston and decided to investigate this Gillette scheme. FBI agents brought Marston to a police station in Detroit and told him to replicate his experiments while police officers looked on. He couldn't.

[00:44:39]

Only five and 10 men tested in the station preferred Gillette. FBI director J. Edgar Hoover wrote a note to himself in his Mastan file.

[00:44:48]

I always thought this fellow Marston was a phony and this proves it.

[00:44:53]

But if Marston was a compulsive liar, so is Olive Byrne. She wrote articles for women's magazine for years, and in those articles she'd quote the famed psychologist William Marston as if he were a stranger, when, of course, they lived together.

[00:45:10]

She once wrote an article about the Fry case in 1936, when Frye applied for a pardon, he included her article with his application. I find this a little heartbreaking, for I was thirty four then. He'd been in prison since he was 22. I don't know if he killed Dr. Robert Brown. I think there's a real chance that he did. But I do know for certain that he didn't get a fair trial.

[00:45:34]

He filed a petition after petition insisting on his innocence that I've been fortunate to have had lawyers, judges or intelligent people on the jury. I would never have been convicted. I'm anxious to have the case reopened, if possible, in order that my name could be cleared. The courts denied his petition.

[00:45:54]

Two years later, in nineteen thirty eight, Marston published a book called The Lie Detector Test and gave a copy to Burn, inscribing it for Burn Marston to help him always tell the truth with love from Daddy. The next year, Frye was paroled, he'd served more than 18 years in prison on his release, still determined to prove his innocence. He renewed his petition for a pardon.

[00:46:19]

Since my freedom from prison, I haven't buried and have a fine wife.

[00:46:23]

He petitioned again and again, even applying for a presidential pardon. I got to wonder what a guilty man have kept on pressing the case years after his release.

[00:46:33]

Both people are under an impression that because a person has been indicted, tried and sentenced, they are guilty, they do not stop to realize the fact that in all three conditions named above are human decisions and that no human decision is infallible. I am innocent of the charge against me. I have every reason to believe that the courts of the District of Columbia thought so. After all, this is Washington and the question of race plays an important part even in the court's.

[00:47:09]

James Frey died in 1956. His name was never cleared. Instead, it lived on as the name of a test of evidence. Frye's name also became a verb to be fried is to have your expert witnesses testimony deemed inadmissible. Morrison's name isn't a verb. You don't get Mastan if you take a lie detector test instead.

[00:47:37]

Mastan is hardly remembered for the lie detector test. He's remembered for a different invention of his called onto your headphones. It's about to get weird.

[00:47:48]

In nineteen forty one Mastan, his wife Elizabeth Holloway and his other wife, Olive Byrne created the comic book superhero Wonder Woman, the best known feminist icon of all time. She fights for women's rights. She's in fact based on Margaret Sanger, founder of Planned Parenthood. I came across the evidence of this entire crazy story years ago in an archive, and I had to write a book about it. It's called The Secret History of Wonder Woman. It's a story about feminism, but it's also a story about evidence and truth.

[00:48:18]

One woman fights for justice on her forearm. She wears two metal bracelets that can stop bullets. They look just like the ones Olive Byrne used to wear. And of course, she has her own lie detector. Mastan once wrote a Wonderwoman story about the Frye trial.

[00:48:33]

I am pretty sure none no Wonder Woman's readers recognize the illusion. But in this particular story, Marston imagines a courtroom scene in which Wonder Woman tries to get a judge to accept as evidence the results of an interrogation she's conducted using her golden lasso of truth.

[00:48:50]

I understand you examine this defendant with a remarkable Amazonian lasso. So, yes, well, it's highly irregular. I'd like to hear your findings. Oh, I will show you, Judge. Right. Objection. Sustained.

[00:49:06]

OK, so then Wonderwoman woman lassos the defendant, Persil, Rich and Drag's are to the witness stand and get her to confess that.

[00:49:12]

Yes, yes, she really is the super villain known as the Cheetah, after which the odd, grateful and besotted judge shakes Wonder Woman's hand.

[00:49:24]

Your advice was invaluable. Wonder Woman. I wish you'd give me a further call on me anytime.

[00:49:34]

Marston rewrote the story of the free trial the way he'd wanted it to come out with himself as the hero and Judge McCoy worshiping him. But in 1944, just when Marston finally realized this triumph with Wonder Woman, he got really sick.

[00:49:51]

He had what apparently was polio.

[00:49:55]

And this coincided with the success of winter when he was finally making some is gonna pay him enough money to support all these people and watch something be successful and watching he be successful. And it was I mean, I a kind of a tragic life. And you. Yeah, right.

[00:50:16]

Because Wonder Woman has endured outside of the last archive very little last. James Frey is all but forgotten except for his last name, a test of truth. But injustice, injustice endures, and if you want to fight it, you don't need a lasso of truth or a lie detector, but you do need knowledge and evidence, even the kind of evidence will try to find in the next episode of the last archive, the evidence of the invisible. The last archive is produced by Sophie Krein McKibbin and Ben Netiv Jeffrey, our editor is Julia Barton and our executive producer is Mia Lobell.

[00:50:59]

Jason Gambril is our engineer, fact checking by Amy Gaines, original music by Matthias Bercy and John Evans, who still waggons infinite.

[00:51:07]

Many of our sound effects are from Harry Connick Jr. and the Star Jeannette Foundation are foolproof.

[00:51:11]

Players are Barlow Adams and Daniel Berger Jones, Jesse Hynson, John Cunt's Becca Lewis and Morris Emmanuel parent.

[00:51:19]

The last archive is brought to you by Pushkin Industries special thanks to Ryan McKitrick in the American Repertory Theater, Emily Schulman at Harvard Law School. Alex Allanson at the Bridge Sound and Stage and it Pushkin to Heather Fain, Maya Karnig, Carly Migliore, Emily Rustic, Maggie Taylor and Jacob Weisberg.

[00:51:36]

Our research assistants are Michelle Gow, Olivia Oldham, Henrietta Riley, Oliver Rescanned Cuts and Emily Spektor, particular thanks to the National Archives and the Sofya Smith Collection at Smith College.

[00:51:48]

I'm Jalapa.