The free lance. (Fredericksburg, Va.) 1885-1926, 1903-04-04
MURDERER UNKNOWN
Verdict in Burdick Mystery Says
Slsyer's Identity is Not Proved.
SUSPICION AGAINST PENNELL
'ustee Murphy Says Facts Known
Would Justify Issuance Of Warrant
Were Ne Alive Mr.. AulI's Acts
sed-Mrs. BurdIek censured.

Were He Alive Mr.. AulPs Act.
Cr't'eised-Mrs. 5urdIek censured.
Buffalo. y. y. April Judge Muir
ply handed down his findings in the
Burdick inquest yesterday and de
! clared that the identity OF the muir
I derer had not been proved.
The statement is an exhaustive re
view OF the evidence brought out dur.
Ing the inquest. Special attention is
given TO the letters EXCHANGED be-
tween Arthur r. Pennell and Mrs. Bur
dick. particularly the one containing
threat against Burdicks life. Con
corning these the judge says: Alto
/ gether these facts would. in my opin-
ion. constitute just ground of suspicion
on which a warrant could be issued
were ne alive"
or Mrs. Hun he says The action OF
Mrs Hull on that morning tthe morn
Ing after the murderl. and her testi-
mony on the stand has caused me
much thought and worry To my
mind. they are inconsistent with a
perfect want of knowledge as to what
had actually occurred. SO little ap
parent feeling for the dead man such
an evident desire 70 cover up the
crime. and no disposition whatever TO
aid the authorities in apprehending
the murderer may be eNplainable but
has NOT been explained "
Speaking OF Pennelrs relations with
Mrs. BurdiCk Justice Murphy said.
His. OF all others. was the motive
strong enough 10 incite a desperate
mind already stepped in wrongdoing
to so foul and cruel a murder
The theory that Burdick had a
woman In his don a. guest that
night has not been sustained by the
evidence "a has not disclosed a SIN
gle immoral act on his part II por-
trays him as loving father and more
than masnsnimous and forgiving hus-
band. Mrs. Paine ami Miss Hutchin.
son. whose names have been unfortu.
nately brought into this case. arc. So
far as this inquest is able 20 deter
mine. completely eNonerated."
After an exhaustive review OF all
the evidence heard. Justice Murphy
says
The promises Mrs Burdick made
to her husband We're shamelessly
broken Mr. Burdick finally told her
she must leave the house. and az
once applied FOR divorce. MIR Bur
dick had been shadowing Mrs Bur.
dick and Mr. Pencil long time Mr.
Pencil had detectives shadowing Bur
dick 80 FAR as appears from the evi-
dence Pennell had not succeeded in
compromising Rurdick in anv way
Not so with Burdick. he had a long
list of places where meetings were
held. and batch OF letters written TO
Mrs. Burdick by Pencil Did Pencil
DO IT. Was ne responsible for II?
He had returned from the dead
mans wife the day before the murder
lie was very much excited the next
morning and went and purchased a
revolver The clerks present at the
sale state that al times he did not
appear az all like himself. He went
TO the Falls. and later he telephoued
for his wife TO come and bring the /
papers.
In one OF his letters to Mrs Bur.
dick there is an express threat that
he would XIII her husband. The cash /
lei and bartender OF New York hotel /
have testified that he said he would /
kiN a certain man II he went to the /
gallows for il. His wife had written /
warning letters. Pencil had full /
knowledge OF the house and it would
have been an easy matter for him 10
obtain key thereto
Altogether. these facts would in
my opinion, constitute just ground OF
suspicion on which warrant could be
issued were he alive. That would not
mean, however that he was guilty
Let us be as fair. then, TO the dead as
the law presumes to be the living. He
must be presumed innocent until
proven guilty
The opening of the windows from
the inside and no one having gone
through. as Indicated by the snow and
ice on the ledge. would Indicate a de
sire on the part OF some one TO give
this crime the appearance of a
burglars work. The person who wait.
cd there TO wrap the head OF his vic.
tim IN that blanket and pile pillows
on his corpse was not burglar. Moth
ing has been missed from the house
excepting Burdick's watch
Much credit should be given DIR
John Il Rowland for his refusal to
entertain the suggestion OF suicide.
IT Is our duty 10 censure Mrs Bur.
dick. But great as her wrong has
been. great is her punishment"
Judge Murphy stated yesterday af
iernoon that he will hold the inquest
INTO the death OF Arthur r. Penneu I
The latter part of this week or the first
Of next week