Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1902-03-24
TWO MURDER CASES.
Florence Burns Released and
James Wilcox Convicted.
The Former Never Lost Her Remark
able SeIf-Possession.
Latter Would Have Faced Lynching in
Case of Acquital.

New cIk, Midi Cfi s0.-HlOrPncP BuTHS
was ordered released, Saturday, by
Judge Mayer, who ruled that no evil
dence had been furnished to prove that
she murdered Walter Brooks. When
| the announcement was made the great
crowd that filled the court room rose
up and in spite of the efforts of IL
score of policemen to maintain order,
cheering was continued for quite five
minutes.
1t was noticed that the only specta-
| tors who did not join in the demOnstra-
| ton were women. The men were all in
accord. Their sympathy was with the
girl, who for six weeks had undergone
an ordeal that is unprecedented in this
country.
In full keeping with her demeanor
during the early days of the examina-
ton, Florence Burns, in the moment of
what amounted to vindication, re-
tanned her remarkable composure, and
in no manner gave evidence of the
pleasure that must have been hers. She
| turned to her counsel, Foster l.. Back
US, and thanked him and congratulated
him upon the victory he had achieved
over the forces of the district attor-
ney's office. She also requested that
her thanks be sent to Judge Mayer.
That was all. Her next move was to
ask about the possibility of being re-
leased in time for dinner She seemed
wholly oblivious of the fact that she
had passed from the shadows of the
electric chair.
At the hearing, Saturday afternoon,
Attorney Backus, representing Miss
Burns, made his argument contending
there was not an iota of evidence to
show that his client was connected
with the death of Brooks. Assistant
District Attorney Schurman followed
in an argument intended to cast sus-
picion on the girl, holding that there
was plenty of circumstantial evidence
on which to bring her case to the at
tention of the grand jury.
Justice Mayer at once gave his de-
cision, in which he reviewed all the evil
dence 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 magis-
trate.
In the course of his decision, Justice
Mayer stated that he found no warrant
| in law for the questioning of prisoner
| by police officer before the prisoner
| had been arraigned before a police magis-
| trate or informed of his rights. He said
the section of the city charter which pro-
vided the bringing of prisoner before
! the nearest magistrate contemplated such
protection of the prisoner.
IF your honor is going to take that
view," said Asst. Dist. Atty. Schurman
II wish your honor would take it in a
manner that would make it possible to
have 1t thoroughly tested. 1t is going to
work the greatest innovation in the sys-
TEN in vogue. not only in the city of New
York, but the entire country. Thousands
of 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 as
long as there was no warrant for it in
the law custom could have no force
Asst. Dist. Atty. Schurman said that
there were many cases when no crime
could be charged, when a prisoner was
arrested on suspicion.
There is no such thing as arresting
prisoner on suspicion" said Justice
Mayer. at is done, but there is no law
permitting it to be DONE
Walter Brooks, who was young COM
mission merchant here, and had been
paying Miss Burns attention, was found
dead on the night of Feb. II in room
at the Glen Island Hotel. The gas in the
room was turned on and there was a bull
let hole in the young mans head. The
district attorney tried to show that Flor
ence Burns was likely to have killed
Brooks because he was trying to cut
loose from her. The defence advanced
the suicide theory. After Miss Burns
discharge she returned to her home in
Brooklyn.