New-York tribune., 1902-03-09
WORTHLESS AS EVIDENCE.
JUSTICE MAYER WON'T ACCEPT THIRD
DEGREE" IDENTIFICATION OF
FLORENCE BURNS.

! lutely worthless and ridiculous proceeding
| caused sensation yesterday in the Court OF
| Special Sessions. The examination of MISS
Burns on the charge of shooting Walter S.
| Brooks on the night of February II IN the Glen
! Island Hotel in CortIandt-st., being con-
| tinued before Justice Mayer Edward j. Rear
| don, Of the county detectives, had testified
| about questioning Miss Burns when she was
| prisoner in the police station, and about the
| identification of her by George Washington, the
| colored bellboy of the Glen Island Hotel The
| statement of Justice Mayer regarded by
| many in the courtroom indication that he
| looked with dsfavor on some of the testimony
| against Miss Burns presented by the District
| Attorney.
Reardon the star witness for the prosecu-
ton at yesterdays continuation of the examina-
| ton He said that he went to the police sta
| tion the day after the Brooks murder and talked
| with Miss Burns in the captains room after
| she was arrested. Captain Hapin, he said, told
| the girl that she a prisoner. charged with
| a felony, and she had right to refuse to an
| swer questions
"I asked her." Reardon testified, replying to
questions by Assistant District Attorney Schur-
man. why she had hurt Walter Brooks. and
| she said she hurt him. She loved him
| better than her father and mother, she said.
| I asked her if she wore combs and she lifted her
| hat and gave me two side combs. She told me-
| did not wear or own one. I forget exactly what
| she said about that
Q.-What about the money? Al told her no
| money had been found on Brooks. and she said:
t r6os 8ad 9S snd & She ia dssa & hf wen2
| dollar gold note. two fves and two ones
The hotel clerk has testified that he saw that
| amount in just such bills taken from Brookss
pocket when the clothes were searched at the
| hotel.
fendant that Walter Brooks had been shot in a
hotel, where he had gone with a woman: She
woman had been seen to leave cav the hot hotel -, saw
the cell downstairs, and asked her what time, she
her and Fs the her nf hs o eF @
| she had talked too much already.
money hen G {Ra 6a 0S omen took W @' a Rad
Washington brought out to the captains room,
where Miss Burns was, and had him searched.
Foster L. Backus counsel for Miss Burns.
| cross examined Reardon two or three hours,
making him tell about the questioning to which
the girl subjected in the police station. the
refusal to let her father speak TO her there and
the manner in which Washington. the negro
bellboy. led to identify her
tho took bdsn G the c2Btan n @
had no &C counsel and nd that that her father had gone in
Q-Tel US what happened when Washington was
taken into % that room? Al preceded him into the
pins desk just as the door was opened Washing |
Q.-There was no other woman in the room2
A.-There not.
Reardon said that after making the identihca-
ton Washington walked around the room. Miss
Burns was facing the window.
LAS you saw the defendant in that position"
asked Justice Mayer, did her hair seem light
or dark to you?'
TT showed light"
could you see the color Of her eyes?"
"They were blue"
Reardon declared that he did not know at that |
time that Washington had described the girl |
with Brooks at the Glen Island Hotel as having |
dark hair and a complexion hardly like a white |
womans. He said there was a consultation |
after Washington had identified Miss Burns |
and then policemen were sent after other women |
to stand up with Miss Burns for a second iden- |
tihcation. One Of the women fair and tall |
he said and the other dark and short and |
sold papers in Cortandt-st.
You can continue that line If you like Mt |
Backus." interrupted Justice Mayer. "but de- |
sire to notify you and the District Attorney
that regard the so-caled identification of the |
defendant absolutely worthless. It was a |
worthless and ridiculous proceeding That sys-
TEN OF identified ton is useless and remnant of
the obsolete practice that ought TO be stopped
in the interest of Justice"
Later. when the excitement occasion by his |
declaration had subsided, Justice Mayer asked |
Reardon questions.
Q-What was tho purpose OF getting those other
women 10 stand up with the defendant Ave |
wanted the night clerk Earl, TO them Q.-Then
why did you take Washington in? Ave wanted |
to make sure If he could be mistaken.
Justice Mayer drew from the detective an ad- |
mission that he could have mistaken either
OF the other women for Miss Burns Then he
repeated his declaration that the Identification
worthless, and said he would disregard it
as evidence against the defendant.
Earlier examination Yesterday
the hotel clerk, testified about finding money in
Brookss clothes and about a woman's comb
found in the room where Brooks was shot
Harry Cohen Brooks's former business partner. !
testified about visits made to the office of the firm
on the afternoon of February II. He said he
had been with Brooks in Newark earlier that
day, and had left Brooks talking to a girl at
the railroad station. Brooks returned to the
firms Office late in the afternoon and found
Miss Burns there. Cohen said he left them
together in the office at p. IN. In the cross
examination Mr.. Backus tried to make Cohen
admit having said that he and Brooks took two
Newark girls to hotel on the day in question
| Cohen Insisted that he could not remember haV-
ing said anything Of the kind He said he had
again the girl Brooks talked to in New
ark. She was at the District Attorneys office
Friday
After the cross-examnation of Reardon WAS
completed yesterday afternoon DR.. Weston
coroner's physician, testified as to the autopsy
on the body of Brooks. He produced the bullet
! found in Brookss head and described the wound
| made by II. 1t was such a wound as might have
! been inflicted in of suicide There was a
| report that a man by the name of Fitzsimmons
would be in the courtroom look at Miss Burns
| and try TO identify her. Fitzsimmons it was
said. had the with Brooks at the
! Glen Island Hotel Assistant District Attorney