The Kootenai herald. [volume] (Kootenai, Idaho) 1891-1904, 1902-03-28

law AoE On
New York, March 24.-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 cOmmiss-
ion merchant here, had been keeping
company with Florence Burns. He
was found dead the night of February
IA in a room in the Glenn Island hotel.
The gas was turned on and there was
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
er has been examining the theories
He finally decided, when the hearing
closed tonight, that nothing had been
DlOu6nl Oul W uOlQ lOIGuC0
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
to cast suspicion on the girl, holding
that there was plenty OF circumstan-
tial 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 suffi-
cient 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.. Backus, the prisoners consul,
moved that certain statements made
by 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 Schurman opposed this
motion, but Justice Mayer granted 1t,
saying he had searched carefully for
a precedent where the statement Of
a defendant, when not informed of the
charge against him or her, had been
used as evidence, and he had failed to
find 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.
1T 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
to be arrested on suspicion.