New-York tribune., 1902-03-23

Il know all that" said Justice Mayer. but
am of the opinion that police officer has the
right 10 harass with questions prisoner
from the time Of the arrest until the prisoner Is
srraigned before a magistrate"
ARRESTS ON SUSPICION.
Mr. schurman protested that there were many
cares where no crime could be charger When
prisoner was arrested on supicion-
There is no such thing as arrestng a prisoner
on suspicion" said Justice Mayer. 1T IS DONE
hut there is no law permitting it to be DONE
There is in this a distinct. complete, direct
and combined effort on the part OF Detectives
Parker and Colby, who arrested the girl to keep
her ignorant regarding the real charge against
her. I am OF the opinion that where the nature
of the charge is concealed from a defendant any
statement such defendant may make cannot be
considered voluntary. and it is therefore IN
admissible. Confessions and admissions OBJ
tained by any means other than those that pro
duce voluntary and spontaneous statement
are not admissible in evidence. I therefore
order stricken out all the testimony Of Detec-
fives Parker and Colby and County Detective
Reardon. except that which refers to statements
made by her in the cell after she had learned
that Brooks was dead and that she was ac-
cused"
This practically threw out all the important
testimony. except the girls admission that she
knew Brooks and had him at 6 p. m. on
the Friday before he was killed the Identified
tion Of the comb the threats testified to by Mrs.
Brooks and the wavering and uncertain identif-
cation Of the girl by George Washington. the
negro bellboy Of the Glen Island Hotel.
GREAT CRUSH IN THE CORRIDOR.
At the afternoon session the crush was even
more than in the forenoon. There a des-
perate struggle 10 obtain admission soon as
the doors were thrown open. Women were
jostled in g terrible manner and the clothing
OF many of them was torn.
Justice Mayer. as soon he had taken his
seat addressed himself TO the defendant and
told her that she could make any statement she
might desire in relation TO the charge made
against her-the murder of Walter S. Brooks
Mr.. Backus for his client. waived this right Of
making explanation
Florence Burns gazed calmly about the
crowded courtroom. For a moment her glance
rested on her rival Ruth Dunn. who sat a few
feet away Mr.. Backus moved for the dis
charge Of Florence Burns, on the ground that
the evidence did not show that the crime Of
murder had been committed by anybody, and
On the further ground that there was no evil
dence that the defendant had committed the
crime charged against her
ct will hear argument on the second ground"
said Justice Mayer. II do not want any argu-
rnent except in relation to the side comb and
the Identification OF Florence Burns by George
Washington"
Mr.. Backus. in his argument dwelt the
appearance Of the wound in Brooks's head as
indicating suicide He said that there had been
entries for three couples at the hotel at o'clock
the evening Brooks was killed. All these people
had left the hotel before 1850 p. m. according
TO the testimony. The testimony further
showed that access to Room No, u could have
been obtained by anybody, the lawyer argued
after the companion of the man who had occu-
pied It had left.
''Dr Sweeney appeared upon the scene"
Mr. Backus continued He said he found
man without any symptoms Of brain injury.
He is a graduate Of Long Island College,
reputable institution. DR.. Sweeney's testimony
for all the purposes Of this argument must be
taken as true
THE WAY THE BLOOD TRICKLED.
DIR Sweeney found a small clot Of blood at
the base OF the skull. The blood had trickled
not down his side. hut down his neck. showing
that he must have been sitting or standing up
when he received that wound. Is II reasonable
10 think that Brooks sitting up in bed. and
then laid himself down in the position IN "hlCh
he was found?
The testimony showed that DR.. Sweeney re-
rnained with the wounded man from 10 a. M TO
3 a. m. and washed his wound. There was no
evidence of new bleeding and the doctor ola
not find the slightest sign Of brain injury Be
fore he went away he carefully covered up the
wounded man with the bed clothing. The next
person 10 visit the room the day clerk. What
had happened during the intervening hours?
The doctor has left his patient with the under
ciothinR on The day clerk found the man
naked Who had been In the room in the mean
tjme2 DR.. Johnson has testified that Brooks
could not have taken off the clothing himself
~ he had received a bullet at or before 1910
the previous night. I think there is evidence to
show that when Brooks received his death
wound this defendant granting that she was
with him in the room on that night. had al
ready left the room"
WOUND CONSISTENT WITH SUICIDE
Mr.. Baekus said the wound was consistent
with suicide as murder. He declared that the tes-
tinony Of George Washington. the hotel bell boy.
was the pivot on which the whole turned.
II George washingtons testimony could not
stand the test. the lawyer contended the comb
and all the other evidence pointing in the direc-
tion Of the girl must be eliminated and ignored.
II will now pass on the other important ques-
tions in the case-the question Of the Identity of
the comb Mr.. Backus said. There will be a
time when, whenever such questions these
come before a jury. there will be women on that
fury TO define about such matters"
At this point there was heard some faint ap-
plause. It came from DR.. Mary Walker.
Mr.. Backus started to review the confused
testimony regarding the girls comb given by
SIR Brooks, the father or Walter S. Brooks.
You can pass over the testimony of Mr..
Brooks" said Justice Mayer,
Miss Barns's lawyer then called attention 10
the Inconsistencies in the testimony of Julia
xsrhA GaEI sAa~ -ha E,-g