Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1903-04-01
NOT PROVEN.
NOT PROVEN.
Though if Pencil Was Alive
He Would Be Arrested.
Medical Examiner Lays Pencils
Death to Delay in Inquest.
Thinks Murderer Might &Have Been
Caught Soon After3peed.


| buffalo, N. Y, March S1.-The verdict
| in the Burdick inquest handed down by
that the identity of the murder of Ed
win L. Burdick has not been proven,
practically charges Arthu4sR. Pennell
the dead lawyer, with the crime. PEN
mel had a stronger motive than anyone
else for putting Burdick out of the way,
Judge Murphy says, and AN the facts
brought out by the inquest constitute
| Just grounds for the ISSUANCE of war
rant against Pennel if he We're alive.
The verdice is softened somewhat so
| far as it relates to PenneA by stating
| that if Pennell were alive ne would be
given the presumption of imocence I'M
til proven guilty. In the opinion Of
Judge Murphy, Burdick had no woman
| guest in his Den" on the night of the
murder and the crime was not the
work of a burglar. He excnlpates Mrs
| Gertrude p. Payne and Miss Hutchin-
son from any connection with the crime
and in conclusion criticises Mrs. Maria
| A. Hull and censures Mrs. Burdick, the
former for her attitude toward the au-
/ IlOflUlGS ana TIE 1uCOIlSlSltnCy VI HeI
actions with the theory that she had no
knowledge of the murder.
| Judge Murphy stated, this afternoon,
| that he will hold the inquest nto the
death of Arthur r. Pencil, the latter
| part of this week or the first of next
week.
"The Burdick inquest has taught US
one thing" said Judge Murphy, land
that is to hold such Investigations
promptly. The police court inquest is
the most natural machinery under the
law for investigating such matters.
Under it persons under suspicion can
be brought before a magistrate and
compelled to tell what they know, while
there is no chance for sentimental per-
, sons to shut against a third degree
It abolishes the third degree absolute
| ly.
Buffalo, N. Y, March 31.-Judge Muir
ply handed down his findings in the
Rurdick inquest, today, and declared
that the identity of the Bufdick muir
derer had not been proved.
/ The statement is an exhaustive re-
view of the evidence brought out dur
ing the inquest. Special attention is
given to the letters existing between
Arthur r. Pennell and Mrs. Burdick.
particularly the one containing threat
against Burdfcks life. Judge Muir
ply says relative to this
altogether, these facts would, in my
opinion, constitute just ground of sus-
picion on which q warrant could be is
sued, were he alive
RI nil no
THE actions of Mrs. Hull on that
morning (the morning after the muir
der) and her testimony on the stand,
has caused me much thought and Wor-
ry. 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 experimenting the muir
derer, may be eXplainable, but has not
been explained
Speaking of Pennell and of his rela-
tions with Mrs. Burdick, Judge Murphy
i said: His of all others was the mo-
tive strong enough to incite a desperate
mind already STEPPED in wrong-doing to
so foul and cruel a murder. He can
never be placed on trial here, nor can
his case ever be judicially determined.
Let us be as fair, then, to the dead as
the law presumes US to be with the liv-
ing. He must be pres umed innocent
until proven guilty"
Continuing, Justice Murphy says:
THE theory that Burdick had woman
guest in his den that night has not been
sustained by the evidence. 1t has not
disclosed a single immoral act on his
part"
Mrs. Payne and Miss Hutchinson are
completely exonorated in Mr.. Murphy's
findings.
In conclusion, Justice Murphy says:
1T is our duty to censure Mrs. Burdick.
But great as her wrong has been, great
is her punishment"
Medical Examiner Dancer said, to-
day: IF this inquest into the Burdick
murder had been held within a day or
two after the murder believe it would
have been the means Of arresting the
murderer and at the same time it would
have saved the lives of Mr.. and Mrs.
Pennell.
II am not saying this in criticism of
anybody The law is new. AS a mat
ter of fact, the police judge, county
judge or any supreme court judge can
hold such inquests. The Burdick case
has taught the authorities a lesson
which they will apply the next time a
mysterious murder is committed in
Buffalo,
Judge Murphys decision in full is as
follows:
Il find and certify that Edwin L. Bur-
dick came to his death in the early
morning hours of Feb. q, 1908, at his
residence, No. 101 Ashland avenue, in
this city. The cause of his 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 weapon. de-
livered principally on the back of the
head; that said blows We're delivered
homicidal intent; that the identity of
said person has not been proved. This |
inquest was held for the purpose of de-
termining whether or not a crime had
been committed and whether or not |
rlHr,4