Omaha daily bee., 1902-03-01
FIGHT OPENS IN BURNETT CASE
Opposing Counsel Address Jury I'm
Trial of Alleged AccessOr
10 Murder.

CHICAGO, Feb 2s.-Oppbsing counsel in
the case Of DR.. Orville S. Burnett, charged
with being an accessory Before and after
the fact Of the self-murder OF Mrs. Char
lotte Nichol, made their o1ening addresses
to jury in Judge Bakers burt today.
The prosecution charged That Burnett. a
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 gentleman.
He had agreed to die with her when the
woman found that they were to be sep
arated. He had purchased morphine for
her and de, perately allowed her to swal-
low 1t in his presence.
Then" said the prosecutor. Ito carry
out his end Of the bargaius he scratched
himself with a pint"
Mr. Nichol, the wroneed husband. the
lawyer declared, lay III IN his Tennessee
home, and was unable to appear against
the man who had wrecked his life.
Attorney o'Donnell. for the defense, at
tackled the character OF Mrs. Niehol. 1t
was she, said he, who brought about the
acquaintance between herself and Dr. Bur
nett She sought bis company incessantly.
the lawyer said, and boTrawed money to
secure the apartments at the Marlborough
hotel. where she was later found dead. He
denied that DR.. Burnett had purchased the
poison or that he had known OF Mrs.
Nichols intention TO commit suicide, main
tanning that when Burnett awoke from a
stupor caused by liquor be found Mrs.
Nichol dead and a bottle partly filled with
morphine by her side. Filled with horror
at the tragic outcome of their liaison, he
took the poison, and then. ntil more des-
perate, he stabbed himself and then turned
on the gas. AN his attempts were futile.
said the attorney, and he was left to face
what his folly, rot his oriminality, had
in part brought about.
DR.. r. W. Carter who attended Burnett
when he and the dead woman were dis
covered together in the hotel, was the first
witness called. DR.. Carter testified that
Burnett was not dazed or in any way ap-
parently insane at the time.
H. w. Julian. a druggist. partially iden-
titled Burnett as the man who purchased
the vial of morphine tablets from him on
the forenoon of October 20.
Mrs. Sylvia Bryan. a coiored maid at the
hotel. testified as to Burnett and Mrs
Nichol renting a suite OF rooms. She also
testified that 1t was not Burnett's first
( visit to the hotel. She never saw Mrs
Nichol there before, but said that Bur.
nett had been there several times before.
Mrs. Burnett, wife Of the man on trial
appeared In court with her. husband snf
attempted TO sit with him behind the rail
Judge Baker. however. refused to let hel
remain there The woman broke into tears
and was led to an arteroom. where she re.
mained until court adjourned.
After the state had completed its evi.
| dence the defendants attorneys made an
effort to have Judge Baker dismiss tbs
case. 1t was argued that Burnett wal
irresponsible, through the use OF morphine
| and that he could not be-. held. guilty
Judge Baker ruled foy ~ I.rasecpth1p h1p
however. and thhess Va fsssssatly interested
fendant " II Ev$ pnx Feb skJpiiient of
own defense tcmdAls sSsfA ssl0rurts