The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1902-03-01
MRS. NICHOLS PARAMOUR
TRIAL OF DIR. o. s. BURNETT, WHOSE
ILLICIT LOVE CAUSED DEATH.
Opening Address of Opposing Counsel
Defense Says There Was No
Suicide Agreement.

CHICAGO, Feb. 2s.-Opposing counsel in
the case of DIR. Orville S. Burnett, charged
with being an accessory before and after
the fact of the self-murder of Mrs. Char
lotte Nichol, made their opening addresses
to a jury in Judge Bakers court to-day.
The prosecution charged that Burnett,
former college athlete and already mar
ried, had not only violated his own mar
riage vows, but had broken up the home
of an honest and respectable man. He had
agreed to die with her when the woman
found they were to be separated. He had
purchased morphine for her and deliber-
ately allowed her to swallow it in his pres
ence. Then" said the prosecutor, sar-
castically Ito carry ont his end of the bar
gain he scratched himself with a pin. -
Mr.. Nichol, the wronged husband, the law
yer declared. lay i'll in his Tennessee home,
his health shattered by the acts of the de-
fendant, and unable to appear against the
man who had wrecked his life.
Attorney ODonnell, for the defense, at
tackled the character of Mrs. Nichol. It
was she, he said, who brought about the
acquaintance between herself and DR.. Bur-
nett. She sought his company necessarily
and borrowed money TO secure the apart
ments at the Marlborough Hotel, where
she was later found dead. DR.. Burnett
did not purchase morphine for her; he did
not know she contemplated suicide al
though even before she had met him she
had threatened TO do away with herself
On one occasion he prevented her from
committing self-murder. He was intoxi-
Gated on the night of the tragedy. but he
had no thought of suicide. He went to
sleep under the influence of the liquor he
had drunk, and when he awoke Mrs. Nicho
was lying dead. Some of the morphine
which she had taken remained. and, filled
with horror at the tragic outcome of their
liaison, he took the poison and then, still
more desperate. he stabbed himself and
then turned on the gas. All his attempts
were futile, said the attorney and he was
left to face what his folly not his Grim
inality. had in part brought about.
DIR. r. w. Carter, who attended Burnett
when he and the dead woman were discov-
cred together in the hotel was the first
witness called. DR.. Carter refused to adj
nit that Burnett was daZed or in any way
apparently insane at the time. II am
positive he was in full possession of his
senses when he told me his story / was
never more satisfied of anything in my life
than l am of his sanity at the time.
II. w. Julian, druggist, partly identified
Burnett the man who purchased the vial
of morphine tablets from him on the after
noon OF Oct. 20.
Mrs. Sylvia Bryan, a colored maid at the
hotel testified as to Burnett and Mrs
Nichol renting a suite of rooms. She also
testified that II was not Burnetts first
visit TO the hotel She never saw Mrs
Nichols there before, but said that Burnett
had been there several times before.
After the State had completed its evi-
dence the defendants attorney made an
effort to have Judge Baker dismiss the
case. 1t was argued that Burnett was
irresponsible. through the use of NOR
phine, and that he could not be held guilty.
Judge Baker ruled for the prosecution.
however and the trial proceeded The de-
fendant will take the witness stand in his
own defense tomorrow morning.