New-York tribune., 1902-03-25
NO INDICTMENT AT ONCE.
JEROME WILL Mt PRESENT THE CASE
OF MISS BURNS To GRAND JURY
WITHOUT NEW EVIDENCE.

1t was made plain yesterday that Florence Burns
is not be indicted Immediately on the chargs
Of shooting Walter S. Brooks in the Glen Island
Hotel in Cortandt-st. the night OF February II
District Attorney Jerome announced that he would
wait until after the cOTOners inquest in the Brooks
case before laying any evidence in the case before
the grand jury. Coroner Brown after a talk with
Foster L. BaCkus, counsel for Miss Burns an
nounced that he would postpone the inquest until
Wednesday. April ?. II any step is taken indicr
Miss Burns. therefore, it will be until next
month Unless some new evidence against Miss
Burns is brought 10 light. y is probable that shs
Brooks.
Miss Burns is not to be a witness before thu
jury at the inquest Coroner Brown said yesterday
that the girl probably would not be wanted at the
inquest Anyhow" he said If she is out OF tbs
State no subpoena could reach her" Mr.. Backus
said:
My promise to produce Miss Burns when tha
District Attorney wants her means that shall
produce her if she is indicted by the grand Jury.
mat does not mean. however. that she will bo
produced at the coroner's inquest and l know oc
no reason why I should have her there She may
be wanted by various persons. but that is no rea-
son why should send for her I think the Dis
trict Attorney perfectly understands the stuaton--
District Attorney jerome said yesterday after
noon that he would not present the case OF MISC
Burns 10 the grand jury unless he secured more
evidence than he had when Justice Mayer dis
charged her from custody. This determination, hes
with his assistant. Mr.. Schurman. who has had
charge OF the He said:
We have both agreed that there is not enougts
evidence 10 submit the TO the grand jury at
this time We have taken into consideration all
the evidence left in the case together with that
evidence stricken out by the magistrate. The duty
or the magistrate to find il there was prob
able cause TO hold this for the grand Jury.
he decided that there not 1t would be
tically useless FOR me TO present this th8
grand jury, when they might find fndict-
ment, and II they did for to attempt to convinca
twelve jurors on the question Of probable cause.
1t would be extremely difficult for 70 COnvincs
twelve jurors beyond "A reasonable doubt. All the
evidence L had in the presented tC the
magistrate. and when his decision handed
down my duty was finished. except that something
We will try to get nores
evidence. My office will be represented at
the CorOners inquest. aHd If the c0rOner's fury
should hold the girl for the grand jury II would,
Of course. become my duty 10 present the evidence
l have TO that body.
Mr.. Jerome asked II he thought there haS
been miscarriage OF justice. and replied that
if murder had been committed and the murdere-
murderess had escaped an injustice had been
done. He was then asked II he knew where Miss
Burns was, and ne replied that he did not, but
that he did not expect to have any trouble IL ha
wanted TO find her He said he had arrange-
ment with Mr.. BackuS. the girls counsel. but hs
expected no difficulty whatever II he wanted To-
find the girl