Evening journal., 1903-04-01
VERDICT GIVEN
IN BURDICK CASE
1t Says That the Identity oi
the Slayer Has Not Been
Proved
SUSPICION AGAINST PENNELl
Justice Murphy Says Facts Known
Would Justify Issuance Of Warrant
Were He Alive Mr.. HuIps Acts
Critlelsed-Mrs. Burdlek censured.

Were He Alive Mr.. HuIps Acts
critioised-Mrs. Burdlck censured.
Buffalo, NY, April 1.-Judge Muir
ply handed down his findings in the
Burdick inquest yesterday and de-
clared that the identity of the mur-
derer had not been proved.
The statement is an exhaustive re-
view of the evidence brought cut dur
ing the inquest. Special attention is
given to the letters exchanged be-
tween Arthur r. Pennell and Mrs. Bur
dick, particularly the one containing
a threat against Burdick's life, Con
cerning these the Judge says: alto
gether these facts would in my opin-
ion, constitute just ground Of suspicion
on which warrant could be issued,
were he alive"
OF Mrs. Hull he says: THE action OF
Mrs. Hull on that morning the morn
ing after the murder), and her testi-
mony on the stand has caused me
much thought and worry To my
mind. they are inconsistent with
perfect want of knowledge as to what
had actually occurred. So little ap-
parent feeling for the dead man, such
On evident desire to cover up the
crime, and no disposition whatever to
aid the authorities in apprehendipg
the murderer may be explainable, but
has not been explained"
Speaking of Pennells relations with
Mrs. Burdick, Justice Murphy said:
"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.
"The theory that Burdick had a
woman in his den as a guest that
night has not been sustained by the
evidence. 1t has not disclosed a sin
gle immoral act on his part It por-
trays him as a loving father and more
than magnanimous and forgiving hus-
band Mrs Paine and Miss Hutchin-
son, whose names have been unfortu-
nately brought into this case, are, SO
b. far as this inquest is able to deter
mine, completely exonerated."
After an exhaustive review of all
the evidence heard, Justice Murphy
says:
"The promises Mrs. Burdick made
to her husband we're shamelessly
broken. Mr.. Butdick finally told her
she must leave the house, and at
once applied for divorce. Mr.. Bur
dick had been shadowing Mrs. Bur
dick and MIR. Pennell long time. Mr.
Pennell had detectives Swallowing Bur
dick. So far as appears from the evi-
dence Pennell had not succeeded in
compromising Burdlck in any way
Not so with Burdick; he had a long
list of places where meetings were
held, and a batch Of letters written to
Mrs. Burdick by Pennell. Did Pennell
do It? Was he responsible for it?
"He had returned from the dead
mans wife the day before the murder
He was very much excited the nexi
morning and went and purchased q
revolver The clerks present at tho
sale state that at times he did not
appear at all like himself. He went
TO the Falls. and later he telephoned
for his wife to come and bring th'
papera
"In one of his letters to Mrs. Bur
dick there Is an express threat thai
he would kill her husband. The cash
fer and bartender of a New York hote
have testified that he said he woult
kill a certain man If he went to th'
gallows for II. His wife had writer
warning letters Pennell had full
knowledge Of the house and 1t would
have been an easy matter for him t
obtain a key thereto.
altogether, these facts would, il
my opinion, constitute just ground o
suspicion on which warrant could b'
issued we're he alive. That would no
mean, however, that he was guilty
Let us be as fair, then. to the dead a
the law presumes to be the living. HI
must be presumed innocent unit
proven guilty.
"The opening OF the windows iron
the inside and no one having gon
through, as indicated by the snow an
fee on the ledge, would indicate dc
sire on the part OF some one to Civ
this crime the appearance of
burglars work. The person who wait
ed there to wrap the head of his vic
tim in that blanket and pile pillow
on his corpse was not a burglar. Moth
ing has been missed from the hous
excepting Burdick's watch.
Much credit should be given Di
John r. Rowland for his refusal I
entertain the suggestion Of suicide.
1T is our duty to censure Mrs. Bul
dick. But great as her wrong ha
been, great is her punishment"
Judge Murphy stated yesterday a
ternoon that he will hold the inques
into the death of Arthur II. Penne
the latter part of this week or the frs
of next week.