The Lewiston teller. (Lewiston, Idaho) 1900-1905, 1902-03-27

New York, March 24.-Florence
| Burns. 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
Il in 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
ory and for several days Justice May.
er 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
hat 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
lial 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 SEES
sions court and sat az an examining
magistrate.
Ruth Dunn. the young woman on
whose account Brooks wished to break
On 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.
In
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 It,
saying he had searched carefully for
a 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
ne found no warrant in law for the
Of prisoner by a police
omcer before the prisoner had been
arraigned before q police magistrate
Or Informed Of his rights. Mr.. Schur.
man said he hoped that the court |
would make 1t 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 oficers before the ar. |
Justice Mayer said the system might
have been established by custom. but
~ long a. there was no warrant for
I In the law custom could have no
'orce. The justice also declared that
here was no law permitting q psrsoa
y be arrested on suspicion.