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TUT'xoorh.j-Branch of tin? Supreme Court, where yesterday’s proceedings were hold.The prosecution practically completed Its case yesteniny. One more witness may be called when the* examination la resumed Saturday at 10,15 A. M, This witness will not consume more than Jive or ten minutes’ time. Mr. llackia declined to saw what the defense will be, It is not believed that he will cnH any witnesses, even to attempt to establish ail alibi, hut will depend upon an elaborate argument against the evidence brought out by the prosecution.A young mulatto girl. Julia McCarthy, called to the stand late yesterday afternoon. proved to bo the strongest witness of all brought forward by the prosecution, She positively Identified the comb found in room 12 of thr; Glen Island Hotel the morning after the s norm nr as one which Florence Bums had owned in January last.Julia. McCarthy ts a chambermaid cm-in Mrs. Hitchcock's boardlng-No 216 West Forty-fourth street. Florence Burns lived for two In January. The chambermaid care of Florence Burns's room. She of sweeping the floor Jus-l beforeP1•i/oyed nouse. where weeks took toldthe girl olt;x?.upled the room und again about a week later. She moved the furniture In the room both times.Often Snw tlic Couth,When she swept the room the second time she round a comb underneath the bureau. She placed it on the bureau, and saw the comb many times after that on the lt;nkmte] and remembered it because of its -dilapidated condition. Asked by Mr. Schurman why she, remembered the comb, she said;“Because I thought it as a horrible sort of a comb to be In a Indy's hoom/’When the comb found 1» »the hotel was shown her she promptly Identifier! it. She also identified one of tha side combs token from FLorence Burns the day of her arrest, but had never before seen the other side comb, the one with a gUt ornament.Mr. Backus tried vainly ia break down the girl's Identification of the comb.The girl declared that she had never noticed details, but reasserted that the comb found In the hotel was tin? snmo comb she saw Ju Misa Burn’s room In tne boarding-house.This evidence .ilt;f the only evidence erm-neoUtig the accused girl anil the room in which Brooks was shot that Mr. Backus has been unable to shatter or so confuse as to render U useless. The Identification of Miss Burns* by George Washington. the negro bellboy, as the woman was at the hotel with Brooks hns been rnctlcally made worthless; also the den ti neat Ion. of the comb bv .Mrs. Brooks, mother of the murdered man.fensc. He insisted upon answering questions In his own way.Before any questions wore put to Parker Mj* Schurman offered the Glen Island Hotel comb in evidence und Mr; Backus promptly objected, saying:“I object on tho ground that before the comb can be received in evidence that the proof should show that the comb was found in room 12, und that the proof should show that It was the properly of Florence Burns/'Justice’* Important ItuHug.In ruling on this Important piece of I evidence, upon which the life oe the girl may ultimately depend, Justice Mayer said;“I will receive the comb In evidence on the ground that U was the comb found in the Glen Island Hotel—that seems to be perfectly clear, but that It is the comb of Florence Burns is another matter, which I will consider nt some other tLme, and wiU not comment upoi it now.In describing1 the visit to the Burns house when Florence was placed under arrest Parker at first told precisely the same story that had been told on ihc stand by his si de-partner, Colby,Tolling about what happened In the staUon house, Parker throw some newHMilight on ihe third decree when he said:After *Mr. Backus left Colby, RlordanEBroek’ii Father im tlio Stand,The first witness yesterdn.v u»n« Brnotef Brooks, father of youngday*dSVSK? couver8ft«™ 011 Sun-“TJlt-en I heard Miss Bnroe stump -herJ??e say: 'lw . hiy^olf by going to work. I I No nobbing of the ki nd.'uJ* fS^hc JWT,or a'nd said to1 f 4 r ?: V*hy ore you so persistent in-trying to force Waiter to nuirrv you. lou know ihis condHtnn. Thel*lt;P^tbllt;n^ for you to do la to go to here* *lome- lou na businessfoot on Want -toSnia Walter“She said to me -all right,' think he will/ home and she to understand Mr, Brooks afternoon heShould Wed Her.me: ‘Walter will marr.v arud I told her: 'X don’t I told 2ut she oould co replied: 'You don'-t seem ■Chat I can’t go home/ said that earlier that had been to the Burns nome in Fluibush to induce Mr. and Mrs. Burns to receive Florence agaiTn. He did not toll -Che sM of that visit u-n.it I Wednesday morning. Dee. 11,when hebeforehad a taJK with her he went to business, saying: ’Miss Burns, I have a very unpleasant duty to perform, I have, visited . your parents and told them I could not continue keeping you in my house after today. 1 think H is time for you to go home. You have been sick here, my wife has nursed you and she needs a rest. I told your, parents that I would have to refuse to give you shelter after to-day. and . this must be your -last day in my house/ When I said this-1 gave her some change, saying it would pay her oar fares, ana then I left. ' .Mr. Brooks was then asked about the events of Feb, 15, the day his son died./ I got to the Glen Island Hotel at 9.20 A, M./1 he said, and-went upstairs to the room and there saw my son.”Tears cam© into hie eyes, his voice trembled and broke, and for a time lie was unable to proceed. He told of Walter’s removal, to the. hospitalhe helped two officers, to carry his son downstairs to the ambulance.was asked:and how Then heDid you take any property from roomJ«2 *Told of piailiiig Conib,took a comb from Rom 12. I foundIit on either tlha waehstimd or the dresser. It was on the piece of furniture ^nearest tJho bed. I put’ it in my pocket and delivered it to Offices Me-Govern in the hail of my house Jn Decatur street. *Under cross-examination Mr. Backua asked: rDid you on one occasion-when Florence Burns was Blok Jn bed In your house. In conversation with • Florenceand went downstairs to sec licr,and Riordun asked her what time she got home the previous night. She answered: “I won't answer any morequestions, i think Tve said too much a J red cl y,Mr. Backus .objected to many of Mr,Sehurmans questions, and the latter said;Mr. Backus 1b trying to confuse the witness.His confusion may become very important/’ responded Mr. Backus.I understand that: you need con-ifuslon/.1; *said Mr. Schurman significantly. •Not Told She tinder Arrest.Under cross-examination Parker gnid that Florence Bums was not told she was under arrest until after she hadbpn questioned.Did.you tell her you were going to tnkft her to the Hudson Street Hospital:Yea, sir; 1 did.*'Did you -toll her you were going to confront her with Walter Brooks?No, sir.Did you tell per that Walter Brooks find recovered consciousness and made a statement about her? .No sir.Parker, told of. refusing . to allow “Fred Burns, father of the girl, to enter tho captain’s room where Florence was being questioned.Why did you refuse?’Because nobody is admitted to see a prisoner arrested for a felony until shehas bean turned over— began Parker.“Turned over to wigto, for Goa s sake, exclaimed Mr. Backus.Parker started on a long explanation but was shut off, and -Mr. Backus asked:Hint nt Hnlr Dye,Has there been any change In the appearance of Florence Bums since you first saw' her? .-Iter hair Is a little darker. When I saw her 'at the Burns house hev hwW was a little lighter than it is now. _MJss Burns received tQie insinuation that she used hair dye with a. smile.Two letters. found by Parker in tn© Burns house4were admitted in evidence. Parker then snlcl first that Capt. Halpm had warned the girl that anything she might aay would be used, against her before any questions wore asked: later thwt Rlordan had questioned her before the warning was given, and finally got bo tangled Up that it was uncertain when the' warnteg was given. AfterGeorge Washington identified her in theBtntlcm-ViusQ Parker said.“She started to cry a little, saying T don’t sea why I should bo accused!* .'*• Comity Detective Rlordau was recalled and Identified a letter he picked .out of Brooks's waste-paper basket at No. 17 Jny street. This letter was ' written Thursday, the. day before Brook’s was shot, by Ml63 Burns,- and was. as follows: 'Ld«t letter to Brook*.Walter, Dear;“Am going to Detroit -to-morrow night and would like to see you for a few minutes before I go. Will be in about 11.80 A. MM. to see you, and hope to see you. . . FLORENCE.” •The prosecution had David N, .Carvalho/ the ‘handwriting expert/in court•to -testify to- the genuineness of this letter if necessary, but no objection was made to it.Detective Rlordan, in retelling of the identification by Washington of Miss Bums,, said the negro was brought be-‘for© the -girl three times, instead of twice, as has .been previously testifiedThe-trloI-Attorney' a office hae two letters written, by Brooks on the same day to ..Florence ^ Buras and to Buth Dunn. Both begin My darling dear-ORt/1 ‘ NedWner haa been Introduced asevldortce. 'XWUWwi Av-Eyta, known as Fatty Bvre,' who testifled that he had heard Miss Bums threaten Brooks, denied y^sterd^Y that, he had told several peo-ple te .Bayonpe that he (had given false testimony at the trial.0mublamoFhi'evebeithat W1 he T 6n anr noi S trn agi it tes prl str co i1toljfleUusletntabrlt;haRenuiHtolba1of1ReYBr.visatinresBrStrlarS'and Walter say you had no objection to their marrying?”Worn whenyouI did not,”Waa Walter often In tftue Florence was alck Jn bed?I didn't go into that room often.Was Walter sitting there when weiv tier©? ,Yes air. ■«■ *.Aak«l . about the; glrj’e r-eauiia, Mr, Brooks saia -he, ibad-mVw.'' «e«u.' t4\e oorabftin hts_ihou»e or 1q‘ker.liatr,PeteitJve Sergeant ; D, .-Bap-ker, •ynw.Jwltb Ie^cttve‘OWby^jylaoedeaJled.i^wsoqii be?«Ri1eAnJofWEwcavheath'enanvllse:mitohero’-baMOibeF.thceic,wsr5!i'BCnrS SHOT OTjD MAJjr,KnlBltt *-»»l Iittole Plead Goilty and.:y‘-, 'Receive Sentence.viLLBy, Jf. Y„ -Manb'uX-■nalpti Knlgrlit, Ilf teen, -waa eent to, theana deveiand■OT' .......C;reB:icili
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
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