The Birmingham age-herald., 1903-04-01
Judge Murphy Says He is OOIy Person Who Had
 Motive for Crime
MRS, HULL IS CENSUREO
 FOR LACK OF CONCERN
He Says Mrs. Burdick Committed a Great Wrong, But Her Punishment Has Also Been Great-Pen-
 nell Inquest This Week.

Buffalo, N Y. March 31.-The verdict in the Burdiek inquest handed down by Judge Murphy today. while stating that the identity of the murderer of Edwin l.. Burdick has not been proven, practically charges Arthur R. Pennell, the dead law yer with the crime. Pennell had stronger motive than any one else for putting Burdiek out of the way, Judge Murphy says and all the facts brought out by the inquest constitute just grounds for the issuance of a warrant against Pennell if he were alive The verdict Is softened somewhat so fur as 1t relates to Pennell by the statement that if Pen- nell was 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 If the murder, and the crime was not the Work of a burglar. He eX- onerates Mrs. Gertrude B. Paine and Miss Hutchinson from any connection with the crime and in conclusion eriu- cizes Mrs. Maria A. Hull and eensuros Mrs Burdick, the former for her attitude toward the authorities and the ineonsist- eney of her actions with the theory that she had no knowledge of the murderer.
 Pennell Inquest This Week.
 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.
 "rhe Burdick incident has taught us one thing" said Judge Murphy. "that is to hold such inquests promptly. The Police court inquest is the most natural machinery under the law form of inves- tigating such matters. Under 1t persons under suspicion can be brought before magistrate and compelled to tell what they know, while there arc no sentimental persons to shout against third degree.' It aboishes the third degree absolutely" Special attention is given to the letters exchanged between Arthur k. Pennell and Mrs. Burdick, particularly the one containing threat against Burdieks 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"
 Referring to Mrs. Hull, Judge Murphy says:
 Crlticises Mrs. Hull.
 ''The action of Mrs. Hull on that morn ing (the morning after the murder) and her testimony on the stand has caused 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- hendng the murderer. may be explained. but has not been explained"
 Speaking of Pencils relations with Mrs. Burdick. Justice Murphy says: l. His of all others was the motive strong enough to .ncite a desperate mind. ale ready steeped in wrong-doihg to sJ foul and cruel 4 murder. lie can never be placed on trial, nor can his case eyer be judi cially determined. Let us be as fair. then, to the dead as the law prcsumes us 10 be to the living. lie mus be presumed in- nocent until proven guilty"
 No Woman in the Den.
 Continuing. Jedge Murphy says "The theory that Burdiels had q woman guest in his den that night has not been sus- tained by the evidence It has not dis- closed a single immoral act on his part" Mrs. Paine and Miss Hutchinson are completely exonerated in Judge Mgrphys finding which in conclusion says: Tt is our duty to censure Mrs. Burdick But great as her wrong has been, great is her punishment"
 Al the beginning of the report Judge Murphy certified that the cause of Bur dicks death was compound comminuted multiple fracture of the skull. That said fracture was the result of several blows by some person with dull-edged weapon delivered principally in the back of the head. The said blows were delivered with homicidal intent and the identity of said person has not been proved"
 Reviews Preceding Incidents.
 
 evening preceding the murder, as was brought out in the testimony which he says does not show that anything un- usual occurred at tho house h the fore part of the night The very finding of Burdick's body the next morning, and of events preceding it's discovery, as re- lated by different members of the house. hold is told and the discrepancies of the testimony of the servants and Mrs. Hull are pointed out. Continuing to review the evidence Judge Murphy mentioned the testimony of Dr. Marcy. in which he sent for Dr, Rowland, the deputy medi- cal examiner. The two physicians had a conversation, in which Dr. Marcy said if the death proved suicidal 1t would save his name and family a great deal of scandal pr. Rowland said; T don't think 1t is suicide" and Dr. Marcy agreed with him. Where Is the motive for this crime?' asked Judge Murphy. and then he took up the relations of Mrs. Burdick and Pennel
 She Loved Pennell.
 He said that fl seemed that i've years ago on the occasion of visit to New Haven by the Burdicks and Pennells, Mrs Burdick gave the love which belonged to her husband to another. She loved Pennell. and he apparently became in- fatuated with her Burd!ck learned the
 
 (contlnued on Third Paqe) j