Page:The New International Encyclopædia 1st ed. v. 03.djvu/763

* BUKCKHARDT. 679 BURDETT. Ecole Militaire. His treatise on the comets of 1770 was crowned by the Academy. His lunar tables (1812) were long tbe best. He translated into German ;; part of Laplace's Mvcuinquc cc- Icstr and published several valuable astronom- ical treatises. BURCKHARDT, .loiix Lewis (1784-1817). An explorer in the service of the African Asso- ciation of London. He was born in Lausanne, Switzerland, of English parentage, was educated in Leipzig and Giiltingen, and in ISOli went to London, where he was introduced by Sir Joseph Banks to the African Association, which sent him to explore the interior of Africa. From JIalta he proceeded, under the disguise of an Oriental, to Aleppo, where, within two years, lie became so proficient in the vulgar Arabic that he could safely travel as an Oriental merchant. He visited Palmyra. Dama.scus, and the Lebanon, and went through Palestine to Cairo. In 181-t he traveled through the Nubian Desert to the shore of the Red Sea and then from .Tiddah proceeded to Mecca and visited the Prophet's tomb at Medina. In 1815 he returned to Cairo, and in the following year ascended Mount Sinai. Just as he was about to set out from Cairo on a journey to Sudan, he was seized with dysenterj- and died within a few days. As a holy sheik, he was buried with all funeral honors by the Turks in the Moslem cemetery. His col- lection of Oriental 3ISS., in 3.50 volumes, was left to the University of Cambridge. His journals of travel, remarkable alike for their interest and evident truthfulness, were published by the Afri- can As.sociation. He published Trarels in Xubia (1819); Travels in Syria and the Holy Land (18-22) ; Travels in Arabia (1829) ; Sotes on the Bedouins and Wahabys (1830); and Arabic Proverbs (1830). BURCKMAIR, or BTJRGKMAIR, boork'- inTr, H.NS ( UTS-Li.'Sl ). A German painter and wood-engraver. He was born in Augsburg, and was the brother-in-law of the elder Holbein, and the friend of Albert Diirer, whose influence is manifest in his works. Several excellent paint- ings by him are preserved in the galleries of JIunich, Berlin. Augsburg, and Vienna. He is best known, however, as a wood-engraver, his cuts numbering nearly 700. Among the most celebrated of these is his "Triumph of the Em- peror Maximilian I.." in 135 cuts, with a descrip- tion by the Emperor liimself. Another fine series of 237 cuts, called "The Wise King," represents the deeds of Maximilian. BTJRDACH, boor'diiG, Kabl Friedrich (1776- 1847). A licrnian physiologist, born in Leipzig. He was graduated in medicine there in 1800; became professor of physiologj- in the University of Dorpat in I81L and four years later took a similar position in Kiinigsberg. .Among his nu- merous works is Die I'hysiologie uls Erfahrungs- wissenschaft ( 1 826-40 ). BtJR'DEKIN. A river in northeastern Aus- tralia, in the State of Queensland (Map: Queens- land, E •>). It is 350 miles long, and Hows into Up.start Bay, on the Pacific Ocean. BURDEN (AS. byrfen. Icel. hyrfr, Ger. liiirdc, Iliad, from the root of bear, AS. beran ; cf. Gk. 6pTos, phorlos, load, from {pti,v, pherein, to carry). A term of broad significance, equiv- alent in meaning, in general, to charge.obligation, incumbrance, servitude, etc.; as, burden of proof {onus prohandi] ; l)ii(li'n ujinn lands, etc. Tho term is the one ordinarily used in the law of Scotland to signify any restriction, limitation, or inoumlirance allecting either person or properly, the burden being called real when it is a charge upon lands themselves, and otherwise personal, the term, as thus used, being substantially equiv- alent to the tenn obligation (q.v.) in English and American law, and the phrase real burden to servitude or incumbrance (q.v.). BURDEN, Henry (1791-1871). An Ameri- can inventnr and manufacturer. He was boru in Scotland, studied science and engineering in Edinburgh, and came to the United States in 1819. The next year he invented and patented the first cultivator used in agriculture in tliis country. His inventions inchule improvements in plows; a machine for making iron spikes by which the cost of railroad-building was greatly reduced, and One for making horseshoes, which produced sixty shoes per minute from the bar. He was for many years proprietor of the Troy Iron and Nail Works, one of the largest manu- factories in the world. BURDEN OF PROOF, or Onus Probandi. This term has two significations in the law of evidence. First it means the obligation resting upon the party having the affirmative of the issue in a litigation to prove his case. In this sense, the burden of pr6of is generally upon the plain- tiff. If, however, the defendant sets up an af- firmative defense, the burden is upon him. An example of such a defense is afforded when an insurance company, sued upon a marine insurance policy, sets up as its only defense the unsea- worthiness of the insuied ship. In such a case the defendant has the burden of proving that the ship was unseaworthy. Second, the term means the obligation to give evidence at some particular stage of the trial. For example, if the party having the affinuative of the issue has given evidence enough to entitle him to a judgment, the burden of giving further evidence rests upon his opponent. When the term is used in this sense, it is proper to say that the burden of proof shifts from one party to the other during the trial. When used in the first sense, it is incorrect to say that the burden of proof shifts. The burden of making out his ease is always upon him who has the aliirmative of the issue. Hence, in a criminal ease, it is always upon the Govern- ment, which is also bound to make out its case, i.e. to establish the guilt of the prisoner beyond a reasonable doubt. In civil cases, the one having the affirmative of the issue uuikes out his case if he convinces the jury that the preponderance of proof is on his side. Consult Thayer, Pre- liminary Treatise on Evidenev at the Common Lair (Boston. 1898). See Evidence; Proof. BURDETT', Sir Francis (1770-1844). An English liberal politician. He was born .lan- uary 25, 1770, and was educated at Westmin- ster and Oxford. He spent some years on the Continent, and was a witness to the progress of the first French Revolution. In 1793 ho mar- ried Sophia Coutts, heiress of the wealthy Lon- don banker; in 1796 was elected member of Par- liament for Boroughhridge. Yorksliire, and in 1797 succeeded to the liaronetcy. lb' made him- self conspicuous by his opposition to the (iov- ernment and the French War; advocated Parlia- mentary reform. Catholic emancipation, and other liberal measures, and, as an effective polit-