The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1903-04-01
But the Murderer's Identity
is Not Proved.
AND THE LAW IS BAFFLtD
Judge Murphy Points Out Some Discrepancies
In the Testimony Of Mrs. Hull and the
Servants al the Burdick


Buffalo, N. Y, March 31.-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, practi-
cally charge Arthur r. Pennell, the dead
lawyer, with the crime.
Pennell had a stronger motive than
any one else for putting Burdick out of
the way. Judge Murphy says, and all
the facts brought out by the inquest con-
stitute just grounds for the issuance OF
warrant against Pennell if he were
alive. The verdict is softened somewhat
so far as 1t relates to Pennell by the
Statement that If Pennell were alive he
would be given the presumption of in
nocence until proven guilty.
In the opinion of Judge Murphy Bur-
dick had no woman guest in his "den"
on the night of the murder and the crime
was not the work of burglar. He ex-
onerates Mrs. Bertrude B. Paine and
Miss Hutchinson from any connection
with the crime, and in conclusion criti-
cises Mrs. Maria A. Hull, and eensures
Mrs. Burdick, the former for her atti-
tude toward the authorities and the in
consistency of her actions with the
theory that she had no knowledge of the
murder
Judge Murphy stated this afternoon
.hat ne viii hold the inquest into tho
ueath OF arthur X. Pennell the latter part
oi this week or the first of next week.
AT the beginning of his report Judge
MIITnhtr
uick death was compound comminuted
multiple fracture of the skull. That
SAID fracture was the result of several
Diows by some person with dull-edged
weapon delivered principally In the back
or the head. The said blows were deliver
ed with homicidal intent and the identity
or said person has not been proved He
reviews briefly the events of the evening
preceding the murder as brought
out In the testimony, which he saws does
not show that anything un-
usual occurred at the house in the fore
part of the night. The story of the find
ing of Burdick's body in
the morning and of to events preceding
its discovery as related by the different
members of the household is told AMI the
discrepancies in the testimony OF the SER
wants and Mrs. Hull are pointed out.
Where is the motive for this crime?"
asks Judge Murphy, and then he takes
up the relations OF Mrs Burdick and
Penneil and says that it seems that five
years ago on the occasion of a visit to
New Haven by the Burdicks and Pen
nells. Mrs. Burdick, gave the love which
belonged to her husband 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 children he took
his wife back and forgave the author of
his wrong upon his promise to leave Buff
falo. This promise and the promise
which Mrs. Burdick owes to her hus-
band" said Judge Murphy" were shame
lessly broken. Finally Mr.. Burdick told
her she must leave his house, and he
applied for divorce, which action she
did not care to defend, as she wished to
marry Pennell, who had agreed to secure
a divorce from his wife. Pennel, how
ever. induced her to defend the suit
Burdick had been shadowlng Pennell and
Mrs. Burdick and Pennell had detectives
shadowing Burdick. $50 far as appears
from the evidence" says the judge,
Pencil had not succeeded in compro-
missing Burdick in any way. Burdick,
however, had lot of evidence. consist
ing of letters written by Pennell to Mrs
Burdick of such gushing, love- sick, i'm
portuning nature that their publication
meant complete humiliation and socaI
ruin to their author. This of all others"
says the justice, "was the motive strong
enough to incite desperate mind already
STEPPED in wrong doing, to so foul and
cruel murder. Did he do it? Was he
responsible for it? He had returned
from the dead mans wife the day before
the murder. He was here that night.
lie was very much excited the next
morning and went and purchased re-
NoiVer The clerks present at the sale
state at that time he did not appear at all
like himself"
The judge tells of Pennelrs visit to the
falls on the morning of the discovery of
the murder, OF his message to his wife to
prlng the papers and of their failure TO
return for dinner that evening. Continu-
ing the judge says in one of Pennelrs
letters to Mrs. Burdick there was a
threat that he would kill her husband.
The cashier and bartender of a New
York hotel also testified that he said
he would kill certain man and Mrs.
Pennell had written Burdick a warning
letter. "Pennell had complete knowledge
of the Burdick home and considering his
relations with the family. it would have
been an easy matter for him to obtain
key thereto. Although these facts
would. in my opinion. constitute just
grounds of suspicion on which warrant