The evening world. Newspaper, March 31, 1903, Page 2

rag asked, wate,” said Chure! “Wien did ron ate if first?" “About ACL WAS EST OCIS -Polioe Sergeant Deloeart epaate His Old Statements at the Trial of the Police Inspector and} * - Tels Nothing New. eye, Both men held the gia neatly ten eeconds, the room held brea Q. Do you know dake Wolf? @. Bver have any, talk with, Aim A. in February, 1902. heretofore sal friend and tl Churchill could not close up derly houses. Q. Did you talle about A. Yes, the next day. Q What else do you Imow Wolff? A. 1 know that one n aly men on ‘Third byente, | w maid: p tho distri Woite knd't iknow. Did you ever se6 In napect ana Wolf together. shhanh that, T saw the two of wien’ Schmidt in Tachow's robe gether one night. T D | and saw them with ahelr and [ got out, “That's all I have to ask,” sata Mr, Morgan, with a eatisfied smack. Charchill Cross-Examined, Churehiil shifted about, looked Crosa with a curious smile and wait “Are you a dismissed police officer?" asked Mr, Elkus, In beginning the crame- examination. “I am,” replied Churchill glaring at the Inspector. you doing now? A. 1 ‘ys i REATENS TO WHIP HIM. Declares, with the Shalke of a Fist, He Hopes to Meet Cross Some * Day afd Settle witheHim In Old: Fashioned Way. % Police Sergeant James\E. Churchill oes antes stand this afternoon md testified against Inspertor Adam Chess, who is on trial befare Deputy Commissioner Bbstein on a charge of of duty. tte And Ghurchill arrived: at Head- about the same time. Ohurohtll ‘stood in the hallway talling to several . He was full of anger against ‘the man whom he holds responsible for “His Alsmissal from the force. _ “I know a lot,” he sald, ‘but I'm not @ to tell all I know. I'l answer the questions they ask me, but I pa poly an the anything. I'll get even Cross some other way. I'm ‘ Po smoot ante tines Q. And what are aim agent for a cl Q. You were preférred by Adam Cross? A. Q. And your same as you & A. Yes. Q. Is that restaurant 1 street a respectable place? That will do,” said the inwyer, and brite ‘hill jumped from the a Bis respects to Cross with a mook bow and left the room. The audience was surprised at tie ‘orief testimony of an important witness, Churehill practically told. nothing new, He was asked no questions about “graft.” Lena Smith Tells on Cross. Lena Schmidt followed Churchill on the titness stand, and was examined by Mr. Morgan, Q. How long have you known Adam Cros? A. Five or six years. Q. Did you ever have a ‘talk with him, and what was It? Strenuous objectione were made by Pi- testimony now a the ‘ave on your own trial? in Wryeets q Doubled His Fists. 4 qhe former sergeant doubled up his} Kk ‘gfeat fists as he said this and swelled ‘visibly. He ts about 6 feet 2 inches tall, ©) atid the could make mince-méat of the Tnapector if they ever came to fisticuffs. /) While Churchill was talking Cross im anti passed on upstairs, The vmen eyed each other with hate, but ‘Reither said a word. “Cross brushed by to Ils seat in the room. ‘Those who watched elosély noticed @ gleam of hatred. “Not much love lost between them,” i the woman. tell Bde that 1 went to the district Hee tion “when he (pointing to Cross) was there, I went Into his’ private roo HTS Gan ‘onere up a house. on Ath street? Is there a chance for me? ‘No,’ said Cross, ‘you can't open there, As soon as it’ gets quiet you may have a change on another etre wMVourve got & good thing there?’ he ‘Pretty good, you Moved ralaeat” he asked me. Joke Hartz?’ he then said ‘You, but I wanted to talk with you Tt took fifteen: minutes for Mr, Etkus ‘Adam A, Cross?” he war therefore, trees amb," Churchill, Tookitia Crome, ai direct Jn "he © for while every one tn Ye pchuront ther apo Tepeates) what he diwor- tim againt as to ht I met oo has you plan and dry. Spent ar Cross ped jeade together THE WORLD: TUESDAY -EVEND MEN WHO FIGURE MOST PROMINENTLY IN POLICE INSPECTOR CROSS'S TRIAL TO-DAY. CHURCHILL. »e basis a o President of Republican County Committee Heads Protesting Delegation at Albany. (Special to The Brening World.) ALBANY, March S.A sweeving at- tack on Gov. Odell's mortgage tax bill was made this afternoon at a hearing be- fore the Senate Committee on Taxation and Retrenchment. Robert C. Morris, President of the Re- publican County Committee in New York, created @ sensation by appearing In op- position to the bill. He spoke on behalf of the Manhattan organization, declared the measure was not in the interest of the party and contended that the or- ganization he represents must oppose the measure in justice to tts constituents. Mr, Morris distinctly stated that he was not here as an opponent of Gov. Odell, and would not admit that Senator Platt had inspired tl unexpected at- tack on the Governor’a measure. Ex- Mayor Charles A. Schieren and many other prominent New Yorkers, represent- Ing the Chamber of Commerce and va- mMous important bodies, also attended the hearing. They attacked the bill on many srounds, ethene is talk to the effect that the Governor, in view of to-day'’s big dem- onstration against the measure, may give us his notion of putting any kind of a tax on mortgages. ‘The opponents of the bil entirely fills the Senate Chamber, hier HOSPITAL PAYS MORTGAGE. Generous Friends Come io the As- nintance of St. Mark’n. ‘The Roarnt of Managers of St. Mark's Hospital hes ween able, through the Seietos =e a Ratt of the institu- ton, of $6,000 on ‘his ‘Snnouncement’ was made to-day $$. by Maximilian Kuttman, Chairman of the Executive Committee. Man’s Body F Jin the Harlem, x " ‘The body of an unidentified man was] » found floating in the Harlem River to- day near Highbridge. The polige of the Highbridge station took charge of the | body. The man appeared to have been cept for t ber, that’ Q! Did he look the same then? A. He Was a Httle thinner and his hair was he Schmidt woman indignantly de- nied that she had been arrested more than three times. From 1900, to March, 1901, she said, a had been stationed In front of her house at No, 27 Stuyvesant place. Q: Did that policeman drive people A. Oh, He did not drive ay. ‘Xpplebaum, of No, 392 Bast Bighth street, was’ the next witness. Her testimony did not vary from that of tgvo dozen other girls who have. de- scribed the "Red Light’ District December, Hiceman no. way Sophic Ends His Life With Acid. Jonn Miskil, thirty-eight years old, a laborer, living at No. 420 West Fifty- sixth street, committed suicide this af- bout sixty-five years old. He was of | t at his home by drinking car- figure and wore a full gray|bolic acid. He was pronounced dead by Ambulance Surgeon Milliken. ENNELL SUSPECTED, MRS. BURDICK AND MRS. HULL ARE BLAMED AND MRS. PAINE EXONERATED IN FINDINGS IN THE BURDICK MURDER INQUIRY. (Continued from First:Page.) with a perfect want of knowledge as to what had actually occurred, “So little apparent feéling for the dead man, such an evident desire to up the orime and no disposition whatever to aid the authorities in ending the murderer may be explainable, but they have not been ex- » Be Fired: ry OPhe findings are as follows: ie find and certify that Edwin L., Burdick came-to his death: in the early morning hours of Feb. 27, 1908, at his residence, No. 101 Ashland avenue, in “this city. The cause of his death was compound communited multiple frac- ‘ture. of the skull. That said fracture was the result of several blows by af! pergon with a dull edged weapon, delivered principally on the back ot | ‘the head. That eald blows were delivered with homicidal intent, | IDENTITY Is NOT PROVEN. “That the identity of said person has not been proven. “This inquest was held for the purpose of determining whether or not @ crime had been committed and whether or not there is reasonable ground ‘to charge some certain persons with the same. “At the time of the murder the deceased was living with his three little gitls, whose ages range from fifteen to ten years, together with the grand- ath Mother, his mother-in-law, at said residence. His wife, the children’s moth- er, had not been home since the early days of December last, for reasons ich appear later, and spent the night of the murder in Atlantic City. . “The deceased went home to dinner that night the same as usual. He had with him a bottle of cocktails which has never been seen since, It © does not appear from the evidence that anything unusual occurred at the "= house in the fore part of the evening. { “Mts, Hull, said grandmother, retired with the children as usual, One fot the maids was out that night and, returning about 10 o'clock, saw Mr. Burdick open the door leading from the front hall into the rear hall. » THE LAST SEEN OF BURDICK, “He stepped back and partially closed the door while the matd went on E apstaire to bed. A few minutes later she heard some one shaking the fur- % pate in the cellar. It was Burdick’s custom to look after the furnace, The other inaid had retired as usual. That was the last seen of Burdick alive “The two maids, who slept on the third floor, went downstairs as usual in the morning. The one first down called the attention of the other to the fact that one kitchen window was open and spoke of burglars. The other ‘went into the dining-room and found nothing disturbed. They found the i fet front door open. fe hg near tr Coo: in her room, and told her the front door was open, The itehen windows were raised and thay thought maybe burglars were in the house, She also told Mrs, Hull thet Mr. Burdick was not in his bedroom and the door of his den was closed. The den is on the first floor. The family slept on the second. ‘WHO WENT DOWN THE STAIRS? D “Mrs. Hull swears positively that she was in the bathroom dressing when the maid called. The maid states that little Carol came out into the ‘hall when she and her grandmother were talking and exclaimed: ‘Why, I heard papa go downstairs a little while ago!’ Carol stated on the stand that it was Alice, the younger sister, who made the remark. This house od of modern build, with front and back stairways, The mald sald she ) not know who it was that Carol heard go downstairs that morning. |, Hull testified that she went alone to Mr, Burdick’s bedroom and then Gpiahed on downstairs, dressing as she went, and that wes the first time “the saw the maid on that morning. “Miss Murray went down the back stairway. Mrs, Hull testified that @peried the den door and called Mr. Burdick’s first name three times, there was no light in the room, except that which entered through the she opened. That she then said to the maid that she was afraid to Ahe-den and they agreed to send for Dr. Marcy, the family physician, “The, waid Miss Murray, testified that she was upstairs in the hall with Hull, and that when Mrs, Hull came out of Mrs, Burdick’s bedroom she Ther the den was closed. Mrs, Hull then went down on the second steps ked around the landing to the den door, Then she came back, went Yoom, go. a skirt and went down the front stairs, ED TO ENTER THE DEN, “Then one, according to her testimony, called Mrs, Hull, who was stand- POINTS IN THE FINDINGS IN ' THE BURDICK INQUEST. Pennell had the motive but his guilt has not been proven. There are Just grounds of suspicion on which a warrant could be issued were he (Pennell) alive. Queer actions of Mrs. Hull, mother-in-law of Burdick, on the morning of the discovery of the murder have not been ex- plained. \ Mrs. Paine and Miss Hutchinson, whose names fir re. are exonerated. in the case, Mrs. Burdick is censured, but her punishment is held to be ade- quate. telephone in the house she sent the maid to the drug store, from which place Dr. Marcy was called. He was just getting up and hurried over with- out eating broakfast. “Mrs, Hull met him at the door and said she was afrald something had happened. That was about all she could remember of the conversation. Dr. Marcy remembered more of the conversation, but has not fully ex- plained what it was that made him go)direct to the den. It was a little dark in there, he said, so he pulled a blind down to admit the light. He then saw a stream of blood om the hardwood floor near the centre of the couch, DOCTOR’S DISCOVERY OF THE CRIME. “He could not have told from outward appearances that there was a body under the covering on the couch. He removed two pillows and came down to the cabin blanket. He lifted that up far enough to see the back of the head covered with blood and upon touching it discovered a fractured skull. “Fle immediately dropped the blanket back as {t was, looked around the room, saw the :emnants of a lunch on the table, stepped out and closed the door. Soon thereafter he telephoned to Dr, Howland, the Deputy Medical Examiner. He sccompanied Dr, Howland into the den, raised the quilt as before and showed the houd of the deceased to the doctor. He said that he toid Dr, Howland aboui the window and door being open and that after Dr. Howland had reported to the police, they had a conversation in which the word suicide was used, “They were sitting in the parlor waiting for the police, and he said to Dr. Howland that if it could be made suicide or if It proved to be suicide {t will save his name and family a great deal of scandal. Dr, Howland immediately said, ‘I don't know It is suicide,’ ‘Well,’ said Dr. Marcy, ‘that is the way I look at it,’ and that ended their conversation at that time, “Dr, Howland testified that Dr. Marcy suggested suicide if possible be- fore he had seen the body and as soon as he arrived at the house. That after Dr, Howland declared ft was not suicide, Dr, Marcy called his atten- tion to the qpen window. Dr. Marcy testified that the tart and glass in the room would indicate the presence of a woman guest, and to save the family name he hoped ft would be a suicide, “A+ the time of his conversation with Howland, however, it does not appear that he knew how the deceased was dressed, WHERE IS THE MOTIVE ? “Where is the motive for this awful crime? “About five years ago Burdick’s wife visited New Haven in company It was upon that occasion, it seems, that with Mr. and Mrs, A. R, Pennell, testified that whe did not go into the den, because shb was afraid Burdick, but was nervous, alarmed and did not know but what he something to make him sleep, if it was he. ‘I didn’t know it was hing had happened. There was no reason why J should heat ‘the room only fear. sian Wad Afraid there was ® human being there covered lip, T did not know ‘but I might find him EAA know. who wus there, From the pile 1 eaw on lat ee ole Cosel Pong Romy 5 inet ac she gave the love which belonged to her husband to another. She loved Pennell and he apparently became infatuated with her. A few years ago Burdick learned the truth, A separation ensued between him and his wife, Because of love for his children, however, he took back his wife et that time and forgave the autbor of his wrong upon his promise to leave Baf- falo, This promise and the promise which Mra, Burdick made te her bus- band were shatnelessly broken, Mr, Buandick Nnally told her that she must leave bis house. “'Thia-was in the early days of last December and immediately thereafter he piled for @ divorce, It appears that she did not care to defend the actlon. Bpe wished t) marry Pennell and he had agreed to peoure a divorce fom his wife and. pers ey A ry eonstuined to defend the sult, by Pengelj, and an however, Diesdinig Temalned to bé sorved und tows would bu Soles in € veey short | tpt Burdick had been ‘Mre. Burdick and Mr, Pennell a long ume. Feangll had 006 #0 yee wr og whete meetings were had, He also had in his possession, which fact was known to Pennell, a patch of letters written by Pennell to Mrs. Burdick of such a gush- ing, love-sick, imporvuning nature that their publication meant complete humilia tion and soclal ruin to thelr author. “Here, of all others, was the motive strong enough to Incite a desperate mind already steeped in wrong-dolng to so foul and cruel a murder. DID PENNELL DO IT? “Did he do it? Was-he responsible for it? He had returned from the dead man's wife the day before the:murder. He was here that night. He was very much. exclted the next morning and went and purchased @ revolver. The clerks present at the sale state that at that time he did not appear at all like himself. ‘Then he went to the Falls. Later he telephoned for his wife to come and bring the papers. She went to the Falls and they falled to return for dinner at their home and did not notify their maid. “The maid, who had learned of Burdick’s death that afternoon and knew , that Pennell had been named as oo-respondent, did not remain in the house that night, but went home and falled to return in time to prepare their breakfast. “In one of the letters to Mrs. Burdick there is an express threat that he | woukd ict her husband. ‘The eashter and bartender of a New York hotel have testitied that he sald he would Kill’ certa‘n man if he went to the gallows for It. His wife had written Burdick a warning letter. He had complete knowledge of | the Burdick home and, congMering his relations with the family, it would have been an easy matter for him to obtain a key thereto. Altogether these facts ‘would, In my opinion, constitute just grounds of suspicion on which a warrant | could be issued were he altve, “That would not mean, however, that Ke was guilty. He would have the ‘right to an examination in @ police court. If held, his case would go before the |Grand Jury. If indicted, he would be tried by @ fair jury, picked from the men of this community, who would either acquit or convict him. And all this time the law would clothe him with a presumption of innocence. A PLEA FOR THE DEAD MAN. “He can never be placed on trlat here not can his case éver bo judicially de- termined. Let us be fair, then, to the dead, as thé law presumes us to be to the living. He must be presumed snnocent until proven gullty. “The theory that Burdick had a woman guest in his den that night has not been sustainiéd by the evidence, It has mot disclosed a single immoral act on his part, It portrays him asa loving father and moré than magndntmous and for- giving husband. Mrs. Paine and Miss Hutchinson, whose names have been un- fortunately brought into this case, are, so far as this inquest {s able to dter- mine, completely exonerated. “The actions of Mrs. Hull on that morning and her testimony on:the stand have caused me much thought and study, To my mind, they are {nconsistent 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 dispoxition whatever to aid the authorities in apprehending the murderer, may be explained, but they have not been explained. “The opening of the windows from the Inside and no one having gone through as indicated by the snow and {oe on the ledga would indicate @ desire on the part | tro of some one to give this crime the appearance of a burglar's work, The person who waited there fo wrap the head of his victim in that blanket and pile pillows on his corpse was not a burglar. Nothing has been missing from the house ex- ¢éepting Burdick's watch, “Much credit should be given Dr. John R, Howland for his refusal to enter- tain the suggestion of suicide, But for his rugged honesty we may never have known that oné of the most cléver and shocking murders of this or any age had been committéd at our very doors. This 1s essentially 4 city of homes where thc marriage contract 1s looked upon as the corher-stoné of society, and {s something that 1s sacredly regarded @y all, To make Hittle of it is to forfelt the good will and respect of ovr people and to invite thelr most severe censure. It is our duty to censure Mee. Bufdich. But great as her Wronw has been, great {s her punish- ment," i NO EVIDENCE FOR A WARRANT. Judge Murphy had just ended a talk with Chief of Detectives Cusack when he was asked if the rendering of this report in the Burdick inquest means that all efforts to find the slayer of Burdick will cease, “When L read my report to-day it meant little so far a# thet fs concerned,” he replied, “It is customary, after an ifquest, to render a eeport or decision. I ha conducted the most searching Inquest of my career ag a police court judge into this partioular case, and though Many witnesses were sworn and all evidende in the hands of the Buffalo police has been laid before me, I must be frank and say that I have not discovered a single scrap of evidence which would justity my issuing a warrant for the arreat of any one person or persons, chargliig them with the death of Burdick." “In your report, Judge, you refer to Mrs, Hol] as @ péreon upon whow con- siderable susploion resis." “As I said In my report Mrs, Hull, to my mind, has not told all she knows, am convinced that she cared lttle if the murderer of her son-in-law was ever ap prehended, and while we have no evidence against her or any one else connected with the Burdick home, stili I am sure that had they—I mean Mrs. Frutl, the servant girls, and’ even Mra. Burdick—cdme out the very first day and told the police every thing they knew to be true, Wé would have had some one, I don't care to say who, behind prison bars.” ‘A police official said to-day: know positively that John Doe and Jane Doe warténts will be iseued and the Burdick case will be taken before the Grafid Juty, When District-Attorney Goatsworth asked for that long adJournment a few days ago it was not because of his !llness, as he aid, but because he sew that inquest would amount to little so far as the possibility of an arrest wae concerned, and he immediately began to make plans to carry the whole mattér Before the Grand Jury. If the case is brought before tie Grand Jury you may expect to see an arrest. The evidence of Fox and Edraunds, the eaesrven th Walbtidgys hardwate ‘store, who sold @ revolver to Pennd on the morning after the Burdick murd¢t, which |e referred to in Judge Murphy's fiddings, wag taken in Judge’ Murphy's pri- vate office before court Cag to-day, my ae Was present except Ji as a as a es 1 INE. iN 198 ( HAL LJ REN Sp Morphine for Mineral, NARCOTIC. Prive at Od lr SAMUEL PITOMER Hons Sour Stomach, Di Worms Convulsions, Feveris| ness and LOSS OF SLEEP. Fac Simile Signature of YORK. ld 3) Dosis RpCrNIs EXACT COPY OB WRAPPER.) and ribbon; also French SCALP HUMOURS Itching, Scaly and Crusted With Loss of Hair Speedily Cured | by Butera Soap and Ointment When Every Other Remedy and Physicians: Fail. 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