The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1910-06-20
.BURKE'S TROUBLE
ENDS WITH DEATH
F o mer Post-Oifice Official
Passes Away After Long
illness.
HIS CASE STILL IN COURT
Assurance Given Lawyers, How
ever, That 1t Would Be
Mol Pressed.
HIS CASE STILL IN COURT

Frank P Burke, formerly !. welt
known merchant of this city, and for
many years superintendent OF delivery
of the Richmond post-office. died yes
terday morning about S o'clock at his
home. 719 East Grace Street. in his
fifty-ffth year. He had been In falling
health for some time. The funeral will
take place from st. Peters Catholic
Church. of which he was member, to-
morrow morning at 10 o'clock.
For the past two years Mr.. Burke
had been under Indictment charged
with robbing the United States mails
while superintendent of Station B. on
Church Hill, and the history OF the case
and of the two trials held. at both of
which the juries disagreed, is ono of
the most unique in the local courts III
recent years His attorneys stated yes
terday that they had been assured that
the government, having signally failed
to convict on two occasions, would net
again have asked for trial. but would
have entered a nolle prosequi had nos
death interviewed.
Gave Him High Character.
At the trial some of the most prom
inent men in Richmond testified to his
previous good character, and former
Postmaster Cabell and others told OF
the confidence reposed In him by the
government. Government inspectors
from Washington, who made the arrest,
testified to having found a decoy let-
ter in his coat pocket while he was in
nearby barber shop. The trials were
watched with great interest because of
the somewhat peculiar character of the
defense set up by Attorneys FL NJ
Smith. Jr.. John A. Lamb and George
A. Hanson. AS 1t appeared impossible
to controvert the finding of the letters
in his pocket. the defense set up the
plea that the accused, after long and
honorable life in the community. had
through family troubles and grief ove,
| the marriage of a daughter, taken tc
dissipated habits to such an extent as
! to unseat his reason, and that he was
| therefore neither mentally nor moral,
responsible for his action.
Experts in nervous diseases and in.
sanity were called to answer. hypothet-
ical questions as to the probable infect
on the mind of heavy drinking. The
government called counter experts. and
the argument before the jury was
,, largely as to how much whiskey a man
might drink without mental or moral
injury. Still another line ofa defense
was that decoy letter was not an
actual piece of mail. intended for deliv-
cry, and that Its theft therefore did not
come within the statute, a point on
which the authorities from many States
and from abroad were quoted.
Rorn In, Essex County.
Mr.. Burke was born in ESSEX coun,
ty. and was the son of Major Thomn.
M. Burke. OF the Fifty-fifth Virginis
Regiment, a gallant Confederate ofi1
Ger, who was killed at the battle o
Frazier's Farm He had lived all hi.
life In Richmond, and was well know
In social and club circles having beer
an poflicer and active member of tn,
| local Ell1s' Lodge. member of TIL,
Odd-Fellows and of a number of Cath
Ollie societies After engaging in bus!
ness here on his own account for {
number OF years, he was appointed
during the Cleveland administration
by Postmaster Cullngworth as super
intendent of letter carriers or the loca
post-oftice, position which he hel,
for number of years, being transfer
red by Postmaster Cabell to the supel
intendency OF Station Is. He is SIR
vived by his mother Mrs Thomas M
Burke. of Essex county; one brothe,
T. r. A. Burke. OF this city. by ht
wife and elk, children-Nfrs. leslie Car
ter, of Washington; Mrs. w. D. Car
penter, OF Pittsburg; Redmond burke
OF Denver, Col: Frank p, Burke. Ir
Archer Burke and Elise Burke, OF thl
city
Tho following viii act as pallbear,
ers:
Activev-Thomas Roudar, Henry Don
'+ Fs5fC,nntiruad an Sacnnf pa rya7 - -