New-York tribune., 1902-02-23
FAIR TO MISS BURNS.
JEROME ANXIOUS TO HA We
HER PROVE INNOCENCE.
TESTIMONY FOR AND AGAINST WOMAN
ACCUSED or BROOKS MURDER AT
THIRD HEARING.
THIRD HEARING.

- was made evident yesterday at her third
arfaignment that Miss Florence Burns Of Fiat
bush, the prepossessing young woman who is
suspected by the police Of killing her sweet
heart. Walter Brooks. the young commission
merchant, who was found dying from bullet
wound in gas filled room Al the Glen Island
Hotel a week ago yesterday viii have every
chance of which she and her counsel can avail
themselves to establish her innocence District
Attorney Jerome reiterated his declaration that
he did not want il said that anything unfair or
prejudicial to her interests had been done by
the prosecution. and i'm every move ne made he
showed that while determined to place guilt for
the crime where it belonged he desired TO do this
only by exercising justice and equity in the
rights Of the accused woman.
There tlvo other features of the hearing
which will have great weight in the final out
come Of the case. These were the testimony of
George Washington. the colored hellboy. and
Arthur c. Weible, the Brooklyn elevated rail
road conductor
Ia cross-eXamining the bellboy Mr.. Backus
Miss Burns's counsel, made him admit that pre-
Vious to his identifying Florence Burns. on the
night of The day Brooks's body was found, as
the woman he had seen in the hotel with Brooks
he had told the police that he was not close
enough TO her to tell what the woman who was
with Brooks looked like. Although Washington
the who was with Brooks his testi-
mony was of more value to the defence than to
the prosecution, on account of his contradictory
statements
To offset this, Weibie declared. without being
cross-exsmined, that Florence Burns got off his
train on the night the murder became known at
an hour at which she has said she was at home
Thus the defence and the prosecution each
might he said to have scored point.
Miss Burns outwardly preserved the cool, un-
emotional demeanor. sometimes bordering
seeming Indifference. that has characterized her
attitude since her arrest She showed traces of
grief over the death of Mrs Foster the Tombs
Angel" who had been great comfort to her in
her imprisonment She resolutely looked Wash
ington in the eye when he looking at her intent
ly, declared that he her with Brooks in the
room wherein the latter died. and her face
without expression as he spoke.
The hearing held in the Court of Special
Sessions before Justice Mayer. Mr.. Backus Of
fered objections the District Attorney
proceeding with the hearing District Attorney
Jerome was accompanied by his assistants.
Messrs Schurman and Krote District Attor-
ney Jerome refused make. any further state
ment as to the evidence he had in addition to
the one already made that while the evidence
pointed TO the guilt of the defendant yet it
might he capable of explanation
District Attorney Jerome addressed the court
as follows:
Before Proeeg,dns With the hearing there are
people came into this with the purpose of
dr2wins out the evidence. ana to let guilt fall
where IT might " g deem 1t necessary that the
girls parents and sister be called. We losth
We will either examine them in the regular way
through a subpoena. or if Mr.. Backus desires 1T,
can he identify this defendant as the person he
O'Clock
night? So far he has not been brought face to
in my Office. Identifcations are sometimes
certain The fairest way is that the person should
he should 1 @ be confronted by her But in this mat;
for the defendant desires.
Mr. Backus replied that an understanding
had been reached before Magistrate Cornell TO
the effect that the District Attorney would lend
his energies as much in the direction Of clear
ing the woman proving her guilty. MI
Backus spoke again of the defendants right TO
have Weible's deposition read her Mr.. Je-
rome admitted the force OF this statement.
4 going into this matter again. your
honor" said Mr.. Backus, because of the ex-
traordinary conduct of the District Attorneys
Office
As for bringing a witness here to confront
him with the defendant for the purpose of iden-
tfying her. and as for bringing in this girls
parents and sister. ] must object to the exam
ination Of the witnesses whose dispositions have
not been furnished me-"
Mt Backus suggested that the identification
Of the girl by the conductor be done by placing
her with other women and having the conductor
pick her out if possible.
Mr.. Jerome said that he would accept Mr.
Backuss plan.
John Earl the night clerk of the Glen Island
Hotel the first witness told of the registering
Of Brooks and a woman the hotel on the
night preceding the finding of Brooks's body. He
got no more than passing glimpse Of the
woman. He told of finding Brooks dying He
said that Washington took the couple to their
room.
All the doors with the exception Of one were
holted. bu. he did not know whether the win
dow leading 10 the fire escape locked He
heard 30 pistol shot although he at his
desk all the time.
Weible was the first witness of the afternoon.
lie said he was the conductor on the train which
left the Brooklyn Bridge at 11:15 and reached
Beverly Road at 11:3S Whereabouts on the
night the shooting is alleged to have taken
place.
with a serious crime. 1t is important that no mis-
take he made Look at this defendant. Have you
Q.-when aid you see herr Al saw her on the
The night Of February L. saw her at the Brook
n Bridge before she got on e, the @ tFaR T sa her
Avenue 'fsi" r anu 50" ''' O a. DC
Q.-Have YOU ever seen her before, Al have
Q.-How icng ago did you first see her? Al
o.-Is it more than three months ago? A-Yes,
o.-Have YOU seen her more than fve times?
A. wouldn't say But saw her more than once
o-Are you sure there can be no mistake? That
this is the woman YOU saw on the train that night?
Al am sure.
Mr.. Backus refused TO cross examine the wit
ness until he had been supplied with a written