New-York tribune., 1902-03-23

Burns. with the murder. The defendant is
of Justice MAYER close Of
Brooks murder hearing.
Justice Mayer. of the Court of Special ses-
sions. yesterday afternoon discharged from
custody Florence Burns. who had been charged
with the murder OF Walter 8. Brooks in the
Glen Island Hotel. in Cortlandt-st.. on Febru-
airy Il.
AS soon as the last word of the decision had
been spoken a crowd of rushed for
ward to grasp the hands of Florence Burns
The latter was smiling and happy. She shook
her lawyers hand warmly. but did not even
turn around to bestow glance on the women
who pressed 50 eagerly to her side.
TUMULT IN THE COURTROOM.
Order! Close the DOORS" shouted Sergeant
Langdon, of the court squad. while the tumult
was at its height. After it had been queiIed
the doors were thrown. open. the courtroom and
corridors were cleared with difficulty, and Flor
ence Burns taken back to the passage to the
prison pen by officer. 10 remove the
object of attraction that made it we'll nigh I'M
possible to get the people away. Mr. Backus in
the mean time held conference with Assistant
District Attorney Schurman.
When the court officer touched the girl on the
shoulder and asked her to go into the gloomy
her way to the courtroom she at first pro-
tested:
Mr.. Backus says shall not 60" she said.
After some persuasion she consented to follow
the officer
When the doors closed behind her the crowd
filed slowly out.
According 10 one of the attendants. the first
words the girl said after she left the court
room,
"OH. HOW HUNGRY I AM"
"Oh. how hungry I am" A court officer Of
fered to escort her across the Bridge of Sighs''
and to send for some dinner. At this the girl
rebelled.
"Oh no." she said. never more. have had
enough Of that"
She remained in the examination room ad
joining the passa5eway. and there she was
Joined by her lawyer, Mr.. Backus. Mrs. Backus.
and two women friends of the latter. Miss
Burns sent for her few effects in the Tombs.
Assistant District Attorney Schurman declined
to make any comment Justice Mayors dis
position of the-oase. Nor would he commit him
self concerning the future intentions Of the Dis
trict Attorneys office in connection with the
case of Florence Burns George Washington.
the colored bellboy. who was the principal wit
ness for the people, will remain in the house
Of detention until Monday.
Mr.. Backus. after his conference with Flor
ence Burns. made the following statement:
WILL GO INTO HIDING.
Il have consulted Mr.. Schu-man and assumed
full responsibility 70 keep my client where she
can at any time be reached should the District
Attorney want her. On my advice Miss Burns
will go into secIusion for some time. Her
wherea bouts will be kept a strict secret Miss
Burns desires 10 drop from the public gaze for
the near future
Mr. BaCkus would not say that the girl would
join her parents. who are in retreat TO escape
notoriety. He said. however. that the Burnses.
on his advice. would remain away for some
time. especially as Mrs. Burns was ill
Mr. Backus declared that the girl had re-
ceved no offers of theatrical enga agements and
added that if she obeyed his advice she would
not accept any such engagements if offered He
said he had no reason to believe that the Dis
trict Attorneys Office would make any effort to
have the girl rearrested. except in case some
new and strong evidence were found.
Care taken TO keep the girls departure
from the Criminal Courts Building a secret
While a squad of police surrounded the Frank
Inst. entrance of the building keep at bay
the great crowd surrounding two carriages
which supposed to he waiting for the girl
she was quietly spirited away through the
White-st. entrance. With her lawyer she
boarded a Fourth-ave. car.
AS soon as Assistant District Attorney Schur-
man closed his argument Justice Mayer began
his review of the evidence He cautioned the
tremendous crowd in the courtroom to preserve
silence. and he spoke slowly and with marked
emphasis.
For the first time in the hearing Florence
Burns seemed interested. She dropped her fan
on the table rested her head in her hands
leaned forward with burning cheeks and seemed
4 IN rd hat foil
Justice Mayors lips.
AN EXTRAORDINARY CASE
This has been an extraordinary case in more
than respect" Justice Mayer began. When
the District Attorney came and asked me to sit
in this case he said that the People had no
theory in this case that the learned District
Attorney inspired by aim-to draw out
all the tectimony in this case, whether ii was
favorable to the prosecution or to the defence" ."
Justice Mayer then said that his duties as a
committing magistrate made it incumbent upon
him to hear evidence both for and against the
defendant. He said that the full Cross-eNamina-
tion he had allowed had proved most valuable
aid to him in arriving at just conclusion in
the case.
1T is quite evident" he continued that if
this case had been decided the testimony for
the prosecution alone, without Cross-eXamina-
tiOn as would have been the case before the
grand jury, that body would have found an in
dictment. In this connection the proceedings
here have clearly demonstrated to my mind
that a hearing before a magistrate is not only
the most proper but also a most necessary and
useful, procedure in bringing important cases to
Justice"
Justice Mayer explained that under the
sections of the Code of Criminal Procedure
applying to hearings of this nature it was the
N Ct in he dr1o1