Pullman herald. [volume] (Pullman, W.T. [Wash.]) 1888-1989, 1902-03-29
FLORENCE BURNS Is FRED
HELD FOR DEATH OF BROOKS.
She Has BCcu in Custody since Feb
ru1ry i5-Thc Judge Held the Evil
deuce Insufficient To Iasitc-At-
torney's Strong Arwutacnta-No.
Law for Arrcsting on suspicion.

Law for Arrcsting on suspicion.
New York, March Florence
Burns, a young Brooklyn woman who
has been in the custody of the police
Of this city since February Is under
suspicion of knowing how Walter
Brooks met his death. has been dis
charged from custody by Justice May
er.
Brooks, who was a young commisa-
ion merchant here, had been keeping
company with Florence Burns He
was found dead the night of February
1t in room in the Glenn Island hotel.
The gas was turned on and there was
a bullet in the head.
The district attorney tried to show
that Florence was likely to have killed
Brooks, because he was trying to
break off his association with her
The defense advanced the suicide the
DRY and for several days Justice May
Ell has been examining the theories
He finally decided when the hearing
closed tonight, that nothing had been
brought out sufficient to hold Florence
Burns to the grand jury. After her
discharge she returned to her home in
Brooklyn.
At the hearing this afternoon Attor-
ney Backus, representing the Burns
girl made his argument, contending
that there was not an iota Of evidence
to show that his client was connected
with the death of Brooks.
Assistant District Attorney Schur-
man followed in an argument intended
70 cast suspicion on the girl holding
that there was plenty OF circumstan.
ial evidence on which to bring her
case to the attention Of the grand jury.
| Justice Mayer at once gave his de-
cision, in which he reviewed all the
evidence and held that nothing had
/ been brought out by the state sufii-
oient for him to hold the girl for trial
/ in the criminal branch Of the supreme
/ court
Justice Mayer is Of the special ses-
sions court and sat as an examining
magistrate.
Ruth Dunn, the young woman on
! whose account Brooks wished to break
off his relations with Florence Burns.
testified that she saw Walter Brooks
On the Monday, Tuesday and Wednes-
day evenings before his death At the
! request Of Attorney Backus, for the
Defense her evidence was stricken
from the record.
Mr. Rackus, the prisoners consul
moved that certain statements made
~ his client to detectives be stricken
! from the records because she had not
been informed of her rights when the
statements were made. Assistant Dis
trict Attorney Schuman opposed this
motion. but Justice Mayer granted it,
saying he had searched carefully for
! 4 precedent where the statement Of
4 defendant when not informed of the
! charge against him or her had been
used as evidence, and he had failed to
! ind one such case Judge Mayer said
/ he found no warrant in law for the
/ questioning Of a prisoner by a police
officer before the prisoner had been
arraigned before a police magistrate
or informed Of his rights. Mr.. Schur-
man said he hoped that the court
would make it possible to have that
view thoroughly tested.
ut is going to work the greatest in
novation in the system in vogue" he
added, mot only in the city Of New
York, but the entire country Thous-
ands of cases have been decided in
court here on statements made by
prisoners to officers before the ar
raignment"
Justice Mayer said the system might
have been established by custom, but
as long as there was no warrant for
it in the law custom could have no
force. The justice also declared that
there was no law permitting a person
t. be arrested on suspicion.