Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1903-04-01
NOT PROVEN
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ceased was living with his three little
girls whose ages range from Is to IL
years, together with their grandmother
ms mother-m-law, at said residence
his Wife, the children's mother, hao
not been home since the early days OF
| December last, for reasons which APP
pear later, and spent the night of the
murder in Atlantic City. The deceased
went home to dinner that night the
same as usual. He had with him a
| bottle OF cocktails, which has never
been seen since. It does not appear
from the evidence that anything I'M
| usual occurred at the house in the fore
part OF the evening. Mrs. Hull, said
grandmother, retired with the children
as usual.
one of the maids was out that night
and returning about 10 o'clock saw Mr.
Burd1ck open the door leading from the
front door into the rear hall. He
stepped back and partially closed the
door While the maid went on up stairs
20 bed A few minutes later she heard
some one shaking the furnace in the
cellar. 1t was Burdick's custom to look
after the furnace. The other maid had
retired as usual. This was the last
seen of Burdicll alive by any one who
las been sworn at this inquest, accord
ing to their testimony. The two maids
slept on the third floor, went down
stairs as usual in the morning. The
one first down called the attention of
the other to the fact that the kitchen
window was open and spoke of burg
lars. The other went into the dining
room and found nothing disturbed.
They found the front door open, then
)ne, according to her testimony called
Mrs. Hull who was standing near the
door in her room and told her the
'front.' door was open. The kitchen win
dows were raised and they thought
nay be burglars were in the house
She also told Mrs Hull that Mr.. Bur-
dick was not in his bed room and the
door of his den was closed.
1.-THE den is on the first floor. The
tamily slept on the second. Mrs. Hull
swears positively that she was in the
oath room dressing when the maid
allied. The maid states that little Car
'ol came out into the hall when she
md her grandmother We're talking and
exclaimed Why, heard papa go down
stairs a little while ago. Carol stat
younger sister, who made the remark.
1.-THE house is of modern build with
'front.' and back stairways. The maid
said she did not know who it was that
Carol heard go down stairs that
morning. Mrs. Hull testified that she
went alone to Mr.. Burdicks bed room
and then rushed down stairs, dressing
as she went and that was the first time
she saw the maid on that morning.
The maid, Miss Murray, testified that
she was up stairs in the hall with Mrs
Hull and when Mrs. Hull came out OF
Mr.. Burdick's bed room she told her
the den was closed Mrs. Hull then
went down on the second steps and
ooked around the landing to the den
loor; then she came back went to her
DOM, got skirt and went down the
'ront stairs Miss Murray went down
the back stairway. Mrs. Hull testified
1hree times that there was no light in
the room except that which entered
through the door she opened"
The judge in his findings then relates the
story of calling Dr., Marcy by telephone
Of the doctors discovery of Burdicks
body in the den and the telephoning for
Or. Rowland and the deputy medical ex
anliner and of the conversation relative
o suicide.
"Where is the motive for this crime?"
,sks Judge Murphy, and then he takes up
he relations of Mrs. Burdick and Pennell
md says that it seems that five years ago
IN the occasion of visit to New Haven
by the Burdicks and the Pencils Mrs,
Burdick gave 1.-The love which she pledged
70 her husband, to another She loved
Pencil and he apparently became infat-
uated with her. Burdick learned the
truth and q separation followed, but be
cause of the love for her children he took
his wife hack and forgave the author OF
his wrong upon his promise to leave Blif-
falo. This promise and the promise which
Mrs. Rurdick made to her husband, says.
Judge Murphy, were shamelessly broken.
Finally Mr. Burdick told her she must
leave his house and he applied for a d
vorce. Burdick however, had lot OF evil
dence. consisting of letters. written by
Pencil to Mrs. Burdick, of such a gush-
ing, lovesick, importuning nature that
their publication meant complete humilia
ton and social ruin to their author. His
of all Others" says the justice. was the
motive strong enough to incite a desper-
to so foul and cruel a murder Did lie do
lit? Was he responsible for IT. lie mad
returned from the dead mans wife the
day before the murder. lie was mere tnat
night. lie was very much eNc'ted the
next morning and went and purchased d
revolver The clerks present at the sale
state that at that time he did not appear
at all like himself"
~
The judge says in one OF Pehheli let
tiers to Mrs. Burdick there was threat
that he would kill her husband. The
cashier and bar tender OF New York
hotel also testified that he sale ne would
kin certain man, and Mrs Pennell had
written Burdic,l a warning letter. Pen
nell had complete knowledge OF the Bur
dick home and considering his relations
with the family, it would nave been an
easy matter for him to obtain key there
to. Altogether these facts would, N my
opinion, constitute just GROUNDS Oh susrhc-
ion on which a warrant could be issued
were he alive. That would not mean, how
ever, that he was guilty ne "o''ia nave
the right to a trial He can never be
| placed on trial here, nor can his case
! ever be judicially determined, Let us be