The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1902-03-23
JUSTICE ORDERS THE DISCHARGE
OF GIRL CHARGED WITH
MURDER
CONDEMNS POLICE METHOD
Statements Secured in Durcss, the
Magistrate Declares In Face OF
Strenuous Objections, Have
No Standing in Law
NO PROOF OF A MURDER

NEW YORK, March 22.-FIorence
Burns, the young Brooklyn woman, who
has been in the custody of the police OF
this city since Feb. Is, under suspicion
of knowing how Walter Brooks met his
death, was discharged from custody by
Justice Mayer tonight.
Brooks, who was a young commission
merchant here, had been keeping COM
pany with Florence Burns He was
found dead the night of Feb A. in a
room at the Glen Island hotel The
gas in the room was turned on. and there
was a bullet wound in the head.
The district attorney tried to show that
Florence Burns was likely to have kill
ed Brooks, because he was trying to
break off his association with her The
defense advanced the suicide theory, ana
for several days Justice Mayer has been
examining the two theories. He finally
decided, when the hearing closed to-
night, that nothing had been brought out
sufficient to hold Florence Burns to the
grand jury After her discharge she re
turned to her home in Brooklyn.
At the hearing this afternoon Attorney
Backus, representing the Burns girl.
made his argument, showing that there
his client was connected with the death
OF Brooks.
Assistant District Attorney Schurman
followed in an argument intended to cast
suspicion on the girl holding that there
was plenty Of circumstantial evidence
on which to bring her case to the atten-
tion of the grand jury.
Justice Mayer al once gave his decision,
in which he reviewed all the evidence,
and held that nothing had been brought
out by the state sufficient for him to hold
the girl for trial in the criminal branch
of the supreme court
Justice Mayer Is of the special sessions
court, and sat as an examining ma gis-
trate
Burns today, Ruth Dunnell. the young
woman on whose account 1t Is alleged
Brooks wished to break off his relations
with Florence Burns, was the first wit
ness. She said she saw Walter Brooks
the Monday, Tuesday and Wednesday
evenings before his death. This closed
her testimony, and at the request OF
counsel for the defendant her evidence
was stricken from the record.
Mr. Backus the prisoners counsel
moved that certain statements made by
his client to detectives be stricken from
the record, because she had not been in
formed of her rights when the statements
were made.
Assistant District Attorney Schurman
opposed this motion but Judge Mayer
granted it, saying he had searched care
fully for precedent where the statement
of a defendant when not informed OF the
charge against him or her had been used
as evidence, and he failed TO find one
such case.
Justice Meyer condemned the question
ing Of a prisoner by a police officer be-
fore the prisoner had been arraigned be-
fore a police magistrate or informed
Of her rights.
Mr.. Schurman said he hoped the court
would make it possible to have this view
thoroughly tested.
1T is going to work the greatest inno-
walton IN the system in vogue" he adj
ded, mot only in the city Of New York.
but the entire country. Thousands or
cases have been decided In court here
on statements made by prisoners to Off
GERS before the arraignment."
Justice Mayer said the system might
have been established by custom, but so
long as there was no warrant for IT in
the law, custom could have no force The
justice also declared there was no law
permitting a person to be arrested on
SUSPICION.