Evening star. [volume] (Washington, D.C.) 1854-1972, 1903-03-31
POINTS TO PENNELL
Judge Murphy's Finding in
Burdick Inquest.
MRS, HULL CRITICISED
ACCUSED OF NOT BEING QUITE
FRANK.
Pennell, He Declares, Alone Had the
Motive to Take Burdick's
Life.
MRS. HULL CRITICISED


tho identity of the murderer had not been
proved. The statement is an exhaustive
review of the evidence brought out during
the inquest.
Special attention is given to the letters
exchanged between Arthur r. Pennell ana
Mrs. Burdck particularly the one contain
ing a threat against Burdick's life. Con-
cerning these the judge says:
altogether these facts would, In my
opinion. constitute just ground OF suspi-
cion on which a warrant could be issued
were he alive
Referring to Mrs. Hull, Judge Murphy
says: 1.-The action of Mrs. Hull on that
morning the morning after the muroer,
and her testimony on the stand has caused
me much thought and worry To my mlna
they are inconsistent with perfect want
of knowledge as to what had actually oc-
Cured So little apparent feeling Tor the
dead man, such an evident desire 10 cover
I'D the crime and no disposition Whatever
10 aid the authorities in apprehending the
murderer may be explainable, but has not
been explained
Pennell Had the Motive.
Speaking of Pennells relations with Mrs.
Burdick Justice Murphy says:
His of all others, was the motive strong
enough to incite a desperate mind, already
stepped in wrongdoing, to so foul and cruel
a murder. He can never be placed on trlal
here. nor can his case ever be juddcially de-
termineG Let be as fair, then, TO the
dead as the law presumeS us to be to the
living He must be presumed innocent until
proven guilty" Continuing, Justice Muir
nhy saws: The theory that Burdick had
woman guest in his den that might mas not
been sustained by the evidence. 1t has not
disclosed single immoral act on his part
Mrs. Paine and Miss Hutchinson Ex
onerated.
Mrs. Paine and Miss Hutchinson are
completely exonerated in Mr.. Murphy S
findings. which in connection say: 1T is
our duty to censure Mrs. Burdick. But,
great as her wrong has been, great is her
punishment
At the beginning of the report Judge
Murphy certified that the cause of Bur-
dicks death was compound comminuted
multiple fracture of the skull. That said
fracture was the result Of several blows by
some person with a dull-edged weapon, de-
Hvered principally in the back of the head.
The said blows were delivered with homi-
cidal intent and the identity of said per-
son has not been proved"
He reviews briefly the events of the even
ing preceding the murder, as brought out
in the testimony, which, he says, does not
show that anything unusual occurred at
the house in the forepart of the night.
The story of the finding of Burdicks body
in the morning and of the events preced-
ing it's discovery as related by the different
members of the household is told and the
discrepancies in the testimony of the serv-
ants and Mrs. Hull are pointed out. Con-
tinuing to review the evidence, Judge Muir
ply mentions the testimony of DR.. Marcy,
in which he said he sent for Dr. Rowland,
the deputy medical examiner. The two
physicians had conversation, in which
DIR. Marcy said If the death proved to be
suicidal It would save his name and family
a great deal of scandal. DIR. Howland said:
Il don't think 1t is suicide and DIR. Mar
cy agreed with him.
Motive for the Crime.
Where is the motive for this crime %
asks Judge Murphy. and then he takes up
the relations of Mrs. Burdick and Pennell
and says it seems that five years ago, on
the occasion of visit to new Haven by
the Burdicks and Pennells, Mrs. Burdick
gave the love which belonged to her hus-
band to another. She loved Pennell and he
apparently became infatuated with her
Burdick learned the truth and a separation
followed, but because of love for her chIi-
dren he took his wife back and forgave the
author of his wrong upon his promise to
leave Buffalo.
This promise and the promise which Mrs
Burdick made to her husband were shame
lesSly broken. Finally Mr. Burdick told
her she must leave his house, and he ap-
Piled for a divorce, which action she did
not care TO defend, as she wished to marry
Pennell, who had agreed to secure a di-
rorce from his wife. Pennell, however, in
duced her to defend the suit. Burdick had
been >shadowing Pennell and Mrs Burdick
and Pennel had detectives shadowing Bur-
dick. So far as appears from the evidence,
Pennell had not succeeded in compromis-
ing BurdIck in any way. Burdick, how
ever, had a lot OF evidence, consisting of
letters written by Pennell to Mrs. Burdick
of such a gushing. lovesick, importuning
nature that their publication meant COM
petc humiliation and social ruin to their
author. This, of all others. was the motive
strong enough 10 incite desperate mind
already stepped in wrongdoing. to so foul
and cruel a murder. Did he do 1t? Was
he responsible for it."
Pennell's Actions Described.
"He had returned from the dead man's
wife the day before the murder. He was
here that night. He was very much ex-
cited the next morning, and went and pur-
chase a revolver The clerks present at
the sale state at that time he did not ap-
pear at all like himself
The judge then tells of Pennells visit to
the falls on the morning of the discovery
OF the murder, of his message to his wife
to bring the papers, and of their failure 10
return for dinner that evening. Continuing.
the judge says in one of Pennells letters to
Mrs. Burdick there was a threat that he
would kill her husband. The cashier and
bartender of a New York hotel also testI-
fed that he said he would Kill certain
man. and Mrs. Pennell had written Bur
dick warning letter Pennell had COM
plete knowledge of the Burdick home and
considering his relations with the family il
would have been an easy matter for him
10 obtain key thereto.
Altogether these facts would, In my
opinion he says. constitute just grounds
of suspicion on which a warrant could be
issued were he alive That would not
mean, however. that he was guilty. He
would have the right to trial. He car
never be placed OF trial here nor can his
case ever be judicially determined. Let us
be as fair then to the dead as the law pre
sumes us to be to the living. He must be
presumed innocent until proven guilty.
The finding says the evidence does not
sustain the theory that Burdick had a wo.
man in his den that night, nor has it dis
closed IA single immoral act on his part
and concludes: 1T portrays him as q low.
ing father and more than magnanimous
and forgiving husband. Mrs. Paine and
Miss Hrfchinsnn hnSn NJ r,,oc 10, he or