The Nezperce herald. (Nezperce, Idaho) 1900-1957, 1902-03-27
FLORENCE BURNS IS FRIED
She HAS Been Ia Custody since Feb
ruUry f5-The Judge Held the Evi-
dence Insufficient to Indite--At-
torney's strong Argument.-So
Lav for Arre.tIng on Suspicion.

New York. March 24-Florencs
Burns. a young Brooklyn woman wht
has been in the custody OF the polics
OF this city since February is under
suspicion OF knowing how Walter
Brooks met his death. has been dis
charged from custody by Justice May
err.
Brooks, who was a young commiss
ion merchant here. had been keeping
company with Florence Burns He
was found dead the night OF February
II in room in the Glenn Island hotel
The gas was turned ON and there was
a bullet in the head.
The district attorney tried to show
that Florence was likely TO have killed
Brooks. because he was trying 10
break of his association with her
The defense advanced the suicide the
ory and for several days Justice May
er has been examining the theories
I He finally decided. when the hearing
closed tonight. that nothing had been
brought OUT sufficient TO hold Florence
Burns to the grand jury. After her
discharge she returned TO her home In
Brooklyn.
AT the hearing this afternoon Attor
ney Backus. representing the Burns
girl. made his argument. contendlng
hat there was not an iota OF evidence
70 show that his client was connected
with the death Of Brooks
Assistant District Attorney Schur
man followed In an argument intended
o cast suspicion on the girl. holding
that there was plenty OF circumstan
ial evidence on which TO bring hei
case to the attention OF the grand Jury |
Justice Mayer at once gave his de 1
cislon. In which he reviewed all the 4
evidence and held that nothing had 1
been brought out by the state SUN
eIent for him 10 hold the girl for trial
II the criminal branch Of the supreme
court.
Justice Mayer IL OF the special SEES
sions court and sat as an examining
Ruth Dunn. the young woman 90
those account Brooks wished TO breat
)ff his relations with Florence Burns
estiaed that she saw Walter Brooks
IN the Monday. Tuesday and wednes
lay evenings before his death Al the
'equest Of Attorney Backus. for the |
license. her evidence was stricken
rom the record
MIR Backus. the prisoners consul /
UAruH ~arfafr f.F Ia
" his client TO detectives be stricken
rom the records. because she had not {
'een informed Of her rights when the I
tatements were made. Assistant Dis
riot Attorney Schurman opposed this 6
notion. but Justice Mayer granted It. !
aging he had searched carefully fog Q
precedent where the statement Of i
defendant. when not informed Of the (
barge against him or her. had been .
sed az evidence. and he had failed G. =
nd one such case. Judge Mayer said Q
9 found no warrant In Law for the u
Of a prisoner BY a police o
mcer before the prisoner had been i
rraigncd before police magistrate y
r Informed Of his rights. Mr. schur. "
an said ne hoped that the court s
ould make Il possible to have that u
lew thoroughly tested. q
III Is going to work the greatest In. :
ovation in the system In vogue" he :
ided. mot only in the city OF New :,
ork. but the entire country. Thous :.
IDS Of cases have been decided In =,
'urt here on statements made By .,
isoners to officers before the ar 81.
ignment" ~
Justice Mayer said the system might
I've been established by custom. but
long as there was no warrant for
In the law custom could have no ks
rec. The justice also declared that m
ere was no law permitting persos hr
be arrested on suspicion. Sc