The Savannah morning news., 1903-04-01
GUILT OF PENNELL
SUGGESTED BY EVIDENCE IN THE
BURDICK INQUEST.
FINDING OF JUDGE MURPHY
SAYS A WARRANT WOULD BE IS
SUED WERE PENNELL ALIVE.

would Have a Trial in Which He
aIyzes the TestimOny-ScOres Mrs
Burdick and Has Commentator
for the Murdered Man.
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,
practically charges Arthur L. Pennell
the dead lawyer, with the crime.
Pennel 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
constitute just grounds for the issuance
of warrant against PenneI if he
were alive. The verdict is softened
somewhat, so far as it relates to Pen
nell. by the statement that if Pennell
were alive he would be given the pre-
sumption of innocence 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 a burglar.
He generates Mrs. Gertrude B. Paine
and Miss Hutchinson from any con-
nection with the crime, and in connec-
ton criticises Mrs. Maria A. Hull and
censures Mrs. Burdick, the former for
her attitude toward the authorities and
the Inconsistency of her actions with
the theory that she had no knowledge
of the murder.
Judge Murphy stated this afternoon
that he will hold the inquest into the
death of Arthur R. Pennell the latter
part of this week or the first of next
week.
An Exhaustive Review.
The statement is an exhaustive re-
view of the evidence brought out dur
ing the inquest. At the beginning of
his report Judge Murphy certifes that
the cause of Burdicks death was
compound, comminuted, multiple frac-
ture of the skull. That said fracture
was the result of several blows by
some person with a dull-edged Wea-
pom delivered with homicidal intent,
and the identity of 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 says does not show that anything
unusual occurred at the Burdick house
in the forepart of the night. The story
of the finding of Burdick's body in the
morning and of the events preceding
its discovery, related by the different
members of the household, is told and
the discrepancies of the testimony of
ho Re Hull INF.
ed out.
Where is the motive for the crime? ?"
asks Judge Murphy, and then he takes
up the relations of Mrs. Burdick and
Pencil and says that it seems that
five years ago, on the occasion of a
visit to New Haven by the Burdicks
and Pencils Mrs. Burdick gave the
love that belonged to her husband to
another. She loved Pencil, and he
apparently became infatuated with
her" Burdick learned the truth, and
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.
Promise ShamefuIIy Broken.
This promise and the promise
which Mrs. Burdick made to her hus-
Land says Judge Murphy, were
shamelessly broken. Finally Mr.. Bur-
dick told her she must leave his house.
and he applied for a divorce from his
wife. Pencil, however, induced her
to defend the suit. Burdick had been
shadowing Pennell and Mrs. Burdick,
and Pennell had detectives shadow
ing Burdick.
SO far as appears in the evidence"
says the Judge Pencil had not sue
ceeded in compromising Burdick in any
way Burdick, however, had a lot of
evidence, consisting of letters written
by Pencil to Mrs. Burdick, of such
gushing, love-sick, importuning ma
ture that their publication meant COM
plete humiliation and social ruin to
their author. This OF all others, was
the motive strong enough to incite a
desperate mind, already stepped in
wrong doing, to so foul and cruel a
murder. Did he do it? Was he respon-
sible for it? He had returned from
the dead mans wife the day before the
murder. He was here that night He
was very much excited the next morn
Ing and went and purchased a revolt
yer. The clerks present at the sale
state at that time he did not appear
at all like himself
Might Easily Have Had a Key.
The Judge tells of Pencils visit to
the falls on the morning of the dis
covery of the murder, of his message
to his wife to bring the papers, and
OF their failure to return for dinner
that evening. Continuing, the Judge
says in one of Pencils letters to Mrs.
Burdick there was a threat that he
would Kill her husband. The cashier
ana bartender of a New York hotel
SAID that he said he would kill a GER
tam man" and Mrs. Pennell had writ
ten Burdick warning letter.
Pennell had complete knowledge of
the Burdick home and considering his
relations with the family, it would
nave been an easy matter for him to
OBTAIN key thereto. Altogether these
Facts would, in my opinion, constitute
JUST grounds of suspicion on which
warrant could be issued, were he alive.
mat would not mean, however, that
ne was guilty. He would have the
right to a trial He can never be
paced on trial here, nor can his case
ever be judicially determined. Let us
De as fair, then, to the dead as the law
PIesumes us to be to the living. He
must be presumed innocent until prov
en- guilty"
The finding says the evidence does
not sustain the theory that Burdick
had woman in his den that night.
NOT mas 1t disclosed a single immoral
ACT on his part, and concludes: ut
poftrays him as a loving father and
ie IMAM magnanimous and forgiving
nusDdnd. Mrs. Paine and Miss Hutch
4iison' whose names have been unfor-
tuhalely brought into this case are. so
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