Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1903-04-01
JUDGE MURPHY SAYS EVIDENCE
WOULD WARRANT ARREST
OF PENNELL.
BuR0ICK INQUEST DECISION
Findings Of the Court Declare That
Identity Of the 6urdick Murderer
Has Not Been Proven-Mrs. Hull
and Mrs. eurdick Come in for Scath.
ing Criticism, but the Murdered Man
Is Eulo0ized.
Is EuIo0ized.

Buffalo, April Judge Murphy
handed down his findings in the Bur
dick inquest during the day and de-
clared that the identity of the MUIR
derer had not been proved. The state
ment is an exhaustive review of the
evidence brought out during the in
quest. Special attention is given to the
letters exchanged between Arthur r.
Pennell and Mrs. Burdick, particularly
the one containing threat against
Burdick's life. Concerning these the
judge says:
Altogether these facts would, in
my opinion, constitute just ground of
suspicion on which a warrant could be
issued, were he alive
ply says:
The action of Mrs Hull on that
morning tthe morning after the mur-
der) and her testimony on the stand
has caused me much thought and
worry. To my mind they are incon.
sistent, with perfect want of knowl.
edge 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 what
ever to aid the authorities in appre-
hending the murderer, may be explain.
able but has not been explained"
Speaking of Pennelrs relations with
Mrs. Burdick Justice Murphy says:
Dead Entitled to Fairness.
His of all others was the motive
strong enough to incite desperate
mind already stepped in wrongdoing
to SO foul and cruel 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 presumes us to be to the lv-
ing He must be presumed innocent
until proven guilty"
Continuing, Judge Murphy says:
THE theory that Burdick had a
woman guest in his den that night
has not been sustained by the evi-
dence. 1t has not disclosed single
immoral act on his part
Mrs. Paine and Miss Hutchinson are
completely exonerated in Mr.. Murphy s
findings, which. in conclusion, say:
1T is our duty to censure Mrs. Bur
dick. But great as has been her
wrong, great is her punishment
At the beginning of his report Judge
Murphy certifies that the cause of Bur
dicks death was compound commin.
uted multiple fracture of the skull.
That said fracture was the result OF
several blows by some person with a
dull-edged weapon delivered princi
pally in the back of the head. The
said blows were delivered with homi.
cidal intent and the identity of said
person has not been proved"
Where is the motive for this
crme?' asks Judge Murphy, and then
he takes up the relations of Mrs. Bur-
dick and Pennell and says that it
seems that five years ago on the occa.
sion of the visit to New Haven by the
Burdicks and Pencils Mrs. Burdick
gave the love which belonged to her
husband to another. She loved Pen
nell and he apparently became infatu-
ated 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 Buffalo.
This promise and the promise which
Mrs. Burdick made to her husband,
says Judge Murphy, were shameless
ly broken"
The finding of the court is that the
evidence does not sustain the theory
that Burdick had a woman in his den
that night or has it disclosed single
immoral act on his part, and con
cludes.
1t portrays him as loving father
and more than magnanimous and for
giving husband
nee-,Nc oCsrpoNED