New-York tribune., 1903-04-01
POINTS TO PENNELL.
HIS VAS THE MOTIF II.
In Terdict of Bwdick Inquest Judge
Murphy Dra7cs Conclusions.

Il
Buffalo, March 81.-The verdict in the Burdick
inquest handed down by Judge Murphy to-day,
while stating that the identity of the murderer OF
Edwin L. Burdick has not been proven, practically
charged Arthur r. Pennell the dead lawyer, with
the crime
Pennen had a stronger motive than any one else
for putting Burdick out of the way, Judge Murphy
said and all the facts brought out by the inquest
constitute just grounds for the issuance OF war
rant against Pennell if he alive. The verdict
somewhat softened far as 1t related 10
Penneu by the statement that if PenneH were
alive he would be given the presumption of inno-
cence until proven guilty.
In the opinion of Judge Murphy, Burdick had
guest in his den on the night OF the
murder and the crime was not the work of a
burglar. He exculpated Mrs. Gertrude b. Paine
and Miss Hutchinson from any connection with
the crime. and conclusion censures Mrs Bur
dick. But, great Mrs Burdicks wrong mas
been. the judge said great was her punishment
Referring to Mrs. Hull, the mother of Mrs. Bur
dick, he said:
The action of Mrs. Hull that morning Che
morning after the murder) and her testimony on
the stand have caused much thought and study
To my mind they are inconsistent, with perfect
want OF knowledge as to what had actlaliy znI ooi
CURED. So little apparent feeling for the dead
man. such evident desire to cover up the crime
and no disposition whatever to aid the authorlLes
in apprehending the murderer. may be eXplainable'
but has not been explained.
Much credit the judge said should be given to
DR.. John r. Howland for his refusal to entertain
the suggestion of suicide.
But for his rugged honesty. he continued, I'VE
might never have known that Of the most
clever and shocking murders of this or any age
had been committed at doors
In his study of the motive OF the crime the judge
said:
About five years ago Burdick's wife visited New
Haven ia company With NJ and Mrs r a r.. r Peb 1e
gave the love which belonged to her husband 70
another. She loved Penneu. and he apparently
became infatuated with her. A few years ago Bur
dick learned the truth = separation ensued be
tween him and his wife Because OF & i2xe IPr taf lf
time and torgave the author of his wrong upon
the promise which Mrs. Burdick made to her hus-
band were shamelessy broken Mr.. Burdick finally
in the early days Of last December and inme
diately thereafter he applied for divorce. 1t ar-
pears from her evidence that she did not care to
She wished to marry PennelI, and he had agreed
TO secure a divorce from his wife and marry her
She was constrained to defend the suit: h9weVer
by Penne and amended pleading remained TO oe
served and issue would be Joined in a very short
DIX dicE and Mr. Pennei long time Mr. Pennen
had detectives shadowing Burdick. So far as ap,
IN compromising Burdick in any way Not so with
Burdck: he had q long list of places where meet
His Of all others vas the motive strong ea9ugh Il
wrongdoing 10 SO foul and cruel murder Did ne
do it? Was he responsible for i He had returned
der He was here that night. He was very much
excited the next Ext gTa ne and Ten % fPa b gse sa
that time he did not appear at all like him
| Then he went 70 the Falls. later he telephoned
| for his wife TO and bring the papers She
the Falls and they failed to return 10y
dinner their home, and did not notify thelr rald
The maid who had learned of Burdick death that
| afternoon and knew that PenneH had been named
as correspondent did not remain in the mouse that
to prepare their breakfast In one Of his letters
10 Mrs Burdick there is express threat Ihat ne
| would kill her husband. The cashier and bartenoeI
| of a New-York hotel have testified that ne sald
! lows for It, His wife had written Burdick warn
Ing letter. He had complete knowledge OF me Bur-
dick home, and. considering his relations win tne @
| family, it would have been an easy matter IoI
| him to obtain a key thereto.
Altogether these facts would in my opinion con
| stitute Just grounds of suspicion on which war-
mean however. that he was guilty He would nav
| the right of examination in a ponce court II
| held his case would go before the grand jury
The evidence of Fox and Edmunds the salesmel
in Walbridge's hardware store who sold revolver
TO PenneIl the morning after the Burdick mur-
der, as referred in Judge Murphy findings, was
taken in Judge Murphys private office before cour'
convened.
Judge Murphy stated this afternoon that he will
hold the inquest the death of Arthur r. Pen
nell the latter part Of this week or the rst or next
week.
The BrIrdick inquest has taught us one thing,
he said. that to hold snch investigation
promptly. The police court inquest Is the most
natural machinery under the law for investtg3 ting
such matters. Under II persons unoer suspicion
be brought before A magistrate and compelled
to tell what they know, while there is no chance
for sentimental persons TO shout against third
degree II abOshes the third degree absolutely
DR. Dancer, the medical examiner. said today;
If this inquest into the Bl:rdick murder had been
held within day two after the murder, I be
leve it would have been the of arreSting
the murderer, and at the same time it would have
saved the lives Of Mr.. and Mrs Pennen