The Minneapolis journal., 1903-03-31

Buffalo, March s1.-Judge Murphy hand
ed down his findings in the Burdick in
quest He declared that the identity Of
the murderer had not been proved. The
statement is an exhaustive review of the
evidence brought out during the inquest.
MIR. PennelPs Threat.
Special attention is given to the letters
exchanged between Arthur r. Pennell and
Mrs, Burdick, particularly the one con-
tanning threat against Burdick's life.
Concerning these the judge says
Altogether these facts would, in my
opinion, constitute just ground of sus-
picion on which a warrant could be is
sued, were he alive .-z-..5 r.. =,
Mrs. HuIl's Testimony. g.. .
Referring to Mrs. Hull. Judge Murphy
says: .+ - s-@r - H. 81 :
The action Of Mrs. Hull on that morn
ing the morning after the murder) and
her testimony OH the stand has caused me
much thought and worry. To my mind,
they are inconsistent with a perfect want
of knowledge as to what had actually
occurred. So little apparent feeling for
the dead man, such an evident desire to
cover up the crime and no disposition
whatever to aid the authorities In appre-
hending the murderer may be explain
able, but has not been explained"
PenneII Must Be Presumed innocent.
Speaking of Penneu's relations with
Mrs. -Burdick, Justice Murphy says: .
His of al lothers was the motive
strong enough to incite a desperate mind,
already steeped in wrong doing, to SO foul
and cruelE a murder. He can never be
placed on trial, nor can his~case ever be
judicially determined. Let us be as fair
then to the dead as the law presu,nes US
to be to the living. He must be presumed
innocent until proven guilty."
Woman Guest Theory Not Sustained
Continuing, Judge Murphy says: 't.
''The theory that Burdick had a woman
guest in his den that night has not been
sustained by the, evidence. It has not
disclosed single immoral action .on his
part.' '.~.< '.r'. T.. So a.
Other Women In the Case.
Mrs Paine and Miss Hutchinson are
completely exhonerated In Judge Muir
phys finding, which, In conclusion, says:
''It is our duty to censure. Mrs. Burdick.
| But great as her wrong has been. great
lis her punishnn ert = =. sc
Judge Murphys General Review.
f5At the beginning of his report, Judge
Murphy said that the cause of Burdick.s
death was compound -conlminuted multi
| pie fracture of the skull. That said frac-
| ture was the result Of several blows by
some person with a dull edged weapon de-
| liYered principally in the back of the head
! The said blows were delivered with HON
licidal intent and the identity Of said per-
| son has not been proved - 49,.
| He reviews briefly the events of the
evening preceding the murder as. brought
out in the testimony, which he says do no
show anything unusual occurred at tht
| house in the fore part Of the night The
l.stOry, Of the finding Of Burdick's s bod.
next morning and of the events precedin.
it's discovery. as related by the differen
members Of the household is told and th
discrepancies in the testimony of tn
servants and Mrs. Hull are pointed out
Continuing to review the evidence Judg
| Murphy mentions the testimony of Dr.
Marcy in which he said he. sent for D1
Howland the deputy medical examiner
The two physicians had conversation ii
which. DR.. Marcy said if the death prove,
to be suicidal it would save the family
! great deal Of scandal. DR.. Howland said
II don't think it is suicide and Dl
Marcy agreed with him. -. e..
Where is the motive for this crime?
asked Judge Murphy and then he takes u
the relations of Mrs. Burdick and Penne
and says that it seems that five years ag
on the occasion Of a visit to New Have
by the Burdicks and Pencils Mrs. Bur
i dick gave the love which belonged t
Il her husband to another. She loved Pen
nell and he apparently became infatuate
with her. Burdick learned the truth an
a separation followed but because of Low
for her children, he took his wife bac
and forgave the author of his wrong upo
his promise to leave Buffalo.
"This promise and the promise whic
Mrs. Burdick made to her husband" say