The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1903-04-01
ALONE
HAD A MOTIVE
WrOngsd Husband Evidently
Killed by Wifs's ParamOuL
EVIDENCE NOT CONCLUSIVE
FINDINGS OF JUDGE MURPHY
IN THE BURDICK INQUEST.

/ declared that the identity OF the muir
/ dcrer had not been proved. The state
meut is an exhaustive review of The
/ evidence brought out during the AZ
| quest. Special attention is given 20 The
/ letters exchanged between Arthur z.
/ Pencil and Mrs Bmdick, particularly
/ the one containing "a threat against
BurdIck's life. Concerning these the
judge says:
Altogether these facts would, in lay
/ opinion, constitute "a just ground of
| suspicion on which a warrant could
/ be issued were he alive"
/ Referring to Mrs. Hull, Judge Mug
ply says. The action of Mrs. Hull IN
that morning i,Ae morning after the
murder) and her testimony ON the
| stand has caused me much thought AMI
| worry. To my mind they are inr0u-
slstent with perfect want of knpWi-
/ edge as 20 what had actually occurred.
+ so little apparent feeling for the dead
man. such an evident desire 20 cover
up the crime. and no disposition what
ever 90 aid the authorities i'm appre-
bending the murderer may be eXplaIl-
/ able, but has not been explained
Pennell Had a Motive.
/ Speaking of Pencils relations with
/ Mrs. Burdick. Justice Murphy says.
! His. of all others. was the motive
/ strong enough 20 incite a desperate
mind already STEPPED I'm WrOnguOIng TO
so 1ou and cruel a murder. He can
/ never be placed on trial, nor can his
case ever be judicially determined. Let
us be as fair, then to the dead as the
law presumes us 20 be TO the living
/ he must Doe presumed innocent until
proven guilty"
+ Continuing, Judge Murphy said. "The
. theory that Burdick had a woman
guest in his den that night has not
/ been sustained by the evidence. Tt has
4 not disclosed single immoral act on
his part"
Mrs. Paine and Miss Hutchinson are
completely eXonerated i'm judge Muir
phys findings, which. in conclusion,
say.
IL is our duty to censure Mrs. Bur
. alek. But great as her wrong has
/ been, great is her punishment"
With Dull-edged Weapon.
AT the beginning OF his report. Judge
+ Murphy certified that the cause of Bur
.
uled multiple fracture of the skull
That said fracture was the result of
several blows by some person with a
dull-edEed weapon, delivered Jrincl-
pally on the back of the head. The
SAID blows were delivered with homI-
1ldal intent and the identity of said
person has not been proved"
lie reviews briefly the events of the
evening preceding the murder. as
F brought out IN the testimony. which
he says, does not show that ANYTHING
unusual occurred al the house i'm the
Iofe part Of the night. The story Of
me nnding of Burdicks body next
morning and of the events preceding
JUS discovery, as related by the diff
/ lerenl members of the household -
told, and the discrepancies iD The ras-
umouy. or the servants and Mrs HuU
are pointed out Continuing to review
lhe evidence. Judge Murphy mentions
lhe testimony of Or. Marcy i'm which
ne said he sent for Dr. Rowland the
deputy medical examiner. The two
PHYSICIANS had conversation. I'm which
dr. Marcy said If the death proved 10
De- suicidal 10 would save his name ana
FAMILY a great deal of scandal. DR.
. Rowland said.
81 don't think it is suicide" And
Dr. Marcy agreed with him.
Mrs. Burdick's Shame.
Where is the motive for this crime
asked Judge Murphy. And then he
takes up the relations Of Mrs. Rurdick
ana Fennel and says 10 seems that
hEe years ago. on the occasion OF n
WISH 10 New Haven by the Burdicks
ana PENCILS, Mrs Burdick gave the
love which belonged 20 her husband To
another. She loved Pencil and he
apparently became infatuated with her
Burdick learned the truth and a SEN
aration followed but because for love
or her children he took his wife hack
aou iorsaFe the author of his wrong.
upon ms promise 90 leave Buffalo.
rms promise, and the promise which
Nlfs burdick made Co her husband d"
says Judge Murphy were shamerassIv
broken.
Finally Mr.. Burdick told her she
must leave his house and he anr,iioJ
TOT the divorce which action She di8
not care tO defend as she wished to
marry PenneIL who had agreed To SIM
port her. Penneu induced her To- de-
Iend the suit Burdick had been shad-
OWNS Pennell and Mrs Burdick and
Fennell had detectives shad0wiug Bur
dick. '''
So far as appears from the evil
I. dehce. says the judge. Pencil had
not succeeded IN compromising Burdick
iu any way. Burdick however. had a
Tot of evidence, consisting of letters
written by mr. Penneu 10 Mrs. BurdirJy
of such a gushing. lOve-slck. Emporium
ing nature that their publication meant
humiliation and social ruin 20 their
author
Evidence Against Pennel.
This. of am others. saws the iusrice
was the motive strong enough To in
cite a desperate mind. already steepad
iu Wr0ngdoing, 90 do so foul and cruel
a murder Did ne do 70? Was he re-
spousible for IT, He returned from the
dead mans wife the day before the
murder He was very much excited
the next morning and went and pur-
chased a revolver. The clerks present
aJ The sale state that he did nOtuppear
az am like himself"
The judge tells of Pencils visit to
the falls on the morning of the discOv-
cry of the murder. of his message TO
his wife to bring the papers and Of
their failure 90 return for dinner that
evening
Continuing the judge says IN one OF
Pencils letters 90 Mrs. Burdlck there
was a threat that he would kill her
husband. The cashier and bartender
OF a hotel also testified that he said
he would kan a certain man. and Mrs.
P5nnell had written Burdick a warm
Ing letter Pencil had complete knowl-
edge of the Burdick home and consid-
ering his relations with the family. IL
would have been an easy matter for
him 90 obtain a key thereto Alto
setheT these facts would. in my opin-
iOn constitute just grounds of sus-
piciOu on which a warrant could be is
sued were he alive. That would not
mean. however, that he was guilty. He