New-York tribune., 1902-03-23
SUMMING UP BY LAWYERS.
MISS BURNS'S LAWYER SAID IT WAS NOT
PROVED THERE WAS \ MURDER.

When the examination Of Miss Brooks was
resumed yesterday morning Ruth Dunn. girl
To whom Brooks had been paying attentions for
some time before the shooting. and of whom
the prosecution said Miss Burns had cause TO be
jealous was placed on the stand TO testify She
said she had been with Brooks on the evening
of Wednesday. February l.. when she had met
him in Prospect Park by appointment On the
previous evening he had taken her TO dinner at
the st. George Hotel ON Monday evening, the
same week he had taken her TO a theatre. On
the motion of Mr. Backus. Miss Burns's counsel.
the testimony Of Miss Dunn ruled out
incompetent
Several letters which Brooks had written 10
Miss Burns several days before ne was shot.
and which the police seized in the girls home
at the time of her arrest. were identified by the
father Of Brooks and a detective. and were
placed in evidence. They were not read i'm
nediately because Justice Mayer asked counsel
70 present an argument on the question OF ad-
mttinC the testimony Of the detectives as TO
what Miss Burns said after her arrest and be-
fore she was permitted TO see her counsel Mr..
BacItus argued that all the testimony was mad
missibIe as evidence and was worthless in view
of the sequence Of events at the police station
He argued too. that the Identification Of Miss
Burns by the benboy was not legal identihca-
ton because Of the circumstances attending it.
Assistant District Attorney SChurman argued
that the testimony was valid. because II had
been shown that Miss Burns was informed OF
her arrest on the charge of felony. and was
warned by the police captain that she need not
answer questions Justice Mayer told Mr. Schur-
man that TO his mind. it was not enough that
the girl should know she accused of injur-
ing Walter s. Brooks she should have been
told that Brooks was dead. and that she was
accused OF killing him.
Il consider that a most important point
added Justice Mayer.
Mr.. Schurman conteuded .hat whatever may
have been the duties of the police in this re-
gard. no such duty devoived on County Detec-
tive Reardon-
REARDON NOT \ PUBLIC OFFICIAL.
'.Reardou" he said. is not a public Official
He acted private citizen. II was none OF
his business to inform the defendant what she
was charged with"
But he assumed the rights of police officer
said Justice Mayer What is his standing? He
must have some place under the law. Reardon
witness who had to correct his own tes-
timony."
showed that he was there in the captains room.
that he talked with and questioned the girl, and
that the girl talked to him. That is all that IS
needed
Il have searched most carefully for a prece-
dent where the statement of a defendant when
not informed of the charge against him or her.
has been used as evidence. and have failed to
find a single case" said Justice Mayer. I would
be very much obliged. Mr. Schurman. if YOU
could quote one such case
Mr. Schurman admitted that he had been un-
able to find any precedent in which all the cir
cumstances were analogous to those in the pres
ent case. He said that the greatest crimes often