Hide Article Text (OCR)
Justice Mayer at Florence Burns’s Hearing, Deals Smashing Blow to the Prosecution by Questioning the Legality of ImportantTestim ony.* k __LAWYERS TO ARGUE ON ITS ADMISSIBILITY.Justice Declares Girl Was Deceived by False Statements Made by Jerome's Detectives—Chambermaid Identifies Comb Found in Hotel as Property of Accused Girl,A smashing blow against the thirdidesrteo’ was delivered yseterday by. Justice Mayer jtist befoi the close of the hearing of Florence Burns on the charge of murdering her sweetheart, Walter T. Brooks. In the Glen Island Hotel on Fob. 14, Justice Mayer’s stand muy rob the prosecution of much of the most Important evidence brought out against the girl.. In a long statement the Justice told Asststant District* Attorney Sshurman and boater L. Backus, counsel for the girl, that he doubted the legality its evidence of evert yhihg the gtrl said to the detectives In her home in Fiatbush ,when placed under arrest and everything sbo said t\t thestatlon-houso up to the time thnther lawyer was per-ml ted to see her.Girl Wan Misled.Justice Mayer said statements that were not true had been mado to the *trl by County Detective Reardon, and that she had not been properly Informed hy Capt, Hatpin of the charge made against her. The Captain had told reh she. was under arrest for a felony, and Reardon’s questions about the whereabouts of Brooks* s money intimated, the' Justice said, that -the charge against her might be larceny.A. person/' sand the Justice, “may well keep his mouth sut when charged with murder, whereus a person may talk freely If charged with larceny.”He warned counsel on both sides to prepare -to make lengthy arguments on Saturday on the quest ton of the admissibility of the evidence he referred to. He would suspend final judgment on the matter, tie eaid* until such arguments had been made. Ho quoted the testimony given a.t one of the early hearings by County Detective Rlordan, In which the latter told the girl that Brooks's money was gone.Poke# Ignored the Law,• -rHe also quoted the charter sections which provide that a prisoner shall be.taken Inmiedtatoly before a Magistrate, and which require that an officer tuke a. message from a prisoner to his or her counsel without dela^ or charge. This was not done with Florence Burns, :.atid H was only after a-two-hour row ; with the police and District-Attorney's office that Mr, Backus was permitted to . «ce the girl.; “The question/' said the Justice, is whether the entire conversation between the defendant and certain officers• before Mr. Backus consulted with her iji' the statton-house is admissible or Inadmissible; also whether the conversation which took place in the defendants house In FI at bush js admissible/'. ;‘The unexpected announcement from ?tbe bench took both sides by surprise, v,causing Mr. Backus to smile radiantly ! and Mr. Schurman and Mr. Krotel tofrown with annoyance. The instant the . Justice concluded, Mr. Backus jumped up. and- thanked him for the 'stand he had taken. Mr. Schurman, on the other ..hand, started In at once to show that •the questionable evidence was thor- oughly legal,I differ with Your Honor's suggestions/’ said Mr. Sebum an. *‘rhM any-.thing was said to ihia defendant to dt-ceive or mislead her. The case of the . people against McGloin in 1S91 covers two of the points raised. The questions /In the MeG-loln case were intended to deceive and mislead, yet were admitted and accepted in evidence.”Accused Girl Looked Bored.Florence Bums, to whom the argu-■ meat meant so much, looked thoroughly .i bored while the Just lea and the two ■ilawyers were talking. It Is doubtful if iehe understood the significance of what 7;.was being said. She sat languidly fan-■:nlng herself* sometimes looking at the .speakers, but more often at different -■portions or the court-room. Much cif .. .the time she gazed at the splendid point-■ings symbolical of justice which orna-. tnent the north wall of the Criminal
Newspaper Details
New York World
New York, New York, US
Wed, Mar 19, 1902
Page 7
Full Page
Clipped by
Anonymous
CA, USA 21 Oct 2019
Other Publications Near New York, New York
New York Stars and Stripes
New York Weekly Tribune
Barnard Bulletin
New York Times
New York Evening Times
