Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1883-10-10
ACQUITTED,
bcrufck, Alias Bennett. the Bikamfst
Escapes Through n Loop-Hole
In the Laws Net:
Promises to Marty Miss Thomas Over
Again as soon as Divorced from
Miss StOddard,

The trial of Bigamist Burdick, alias Ben
nett, began in the Criminal Court yester-
day morning before the Following Jury:
H. Esh. Aley4 Jones, J. W. Page, w. vi.
Sellers, I. Daily, Henry Prick, T. B. Allen,
NJ. Clements, j. c. Saint, G. Burwinkle,
A. A. Tucker, l.. Robinson. Chief w. c.
Davis and Capt. George O'Haver were in
trodueed as witnesses for the prosecution.
They testified that Burdick had confessed
that he had been married formerly, but
he added in his defense that q divorce had
been obtained. The failure OF witnesses
from Wisconsin to. appear deprived the
State OF all means OF prosecution except a
copy OF the marriage records showing the
LICENSE ISSUED
to Burdick and his first wife and the re-
turn of the minister certifying that the
ceremony had been performed, also a
sworn statement to the effect that no d.
vorce had been granted. The admission
Of these papers as evidence, which would
undoubtedly have convicted him, was
hotly contested by the attorneys for the
defense, who claimed that it was neces-
sary to produce the records themselves,
and cited numerous authorities to sustain
their position. As to the admission of
defendant, his attorney claimed that the
jury would have no right to accept a por-
ton N
THROW OUT THE BALANCE;
that il they took what he said as to having
been married as true, they must also be-
lieve his statement that he was certain a
divorce had been granted. This point was
also argued to a considerable extent, and
finally the defense succeeded in establish
ing its right to this privilege. The attor-
~ney-general declared that he had no other
evidence to offer, and could do no more
han
PUT on II BTAND
witnesses to the marriage be-
tween Burdick and Miss Thomas. 1t was
his first idea to place the latter on the
stand, but Mrs. Clements was substituted
and said briefly that she saw them married
on July 10th last, at her house, and that
they lived together as man and wife UP to
August 9th last. Deputy-Sherif Ingram,
also a relative, was put on the stand and
testified that the
wATCH He REPLEvINED
from BurdIck once had a name on the
inner case, but hat it had beer erased al
Byrd's since the arrival of defendant in
Memphis.
During the argument of counsel, Bur
dick sat at the table and seemed to be en-
joying himself. He evidently felt conf
dent of his final release. Judge Greer an
nounced that he could not, under the law.
allow such a case to go before the jury
and would therefore instruct them to re
turn
VERDICT OF NOT GUILTY.
If there were any who doubted the in.
nocence of the defendant they could ado
the words, "under the instructions of the
court 1t was noticed that this was ad
ded. Judge Greer then turned to Bur
dick, who stood up in his place and
listened with becoming respect"
81 have to tell you, sir" said Judge
Greer, that circumstances warrant me
in saying more to you than simply notify
ing you of your discharge from custody.
YOU HAVE SUCCEEDED
to winning the affections of a very anna
bic and estimable young lady, whose hap
piness You now have in your keeping
Her devotion to you is something extra
ordinary, and her love seems to be deeI
and strong, ] would have you know tina
it is no light thing to betray a confidenc,
of this kind. Underth law, as it exists,
have been Obliged to discharge you, anC
under the law YOU nave notnow the powe,
to amend the wrong you have done.
U 1 MAY SAY
to you not as a judge, however, that / an
in receipt of private information which
tells me that a decree will soon be entered
divorcing you from your first wife, Mis-
Stoddard, of Boscobel. When this is don,
it would be most becoming in you, ant
would, in a measure, justify your dis
charge, though your guilt were plain, j
you would at ono make this young lad,
your wife. This you are under a solemn
obligation to do" Mr.. Malone,
BURDICK's ATToRNEY,
replied that they had hoped the divorc
would be granted daily so that the MAJ
riage might have taken place before tn
trial, %butthatan attempt todo so had failed
and a decree would not be entered unit
October 23d; that Burdick would remain
in the city until that time, securing EN-
ployment if he could, and would
MARRY MISS THOMAS
again as soon as the law allowed him to d
SO. Judge Greer expressed himself a
gratified to hear this, and allowed the bis
amist to retire. Miss Thomas and two {
her lady friends were waiting for him i
the library, where there was a very mic
little melodrama enacted.