The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1903-10-22
PENNELL KILLED BY WHOM?
Famous Case to Be Brought Before
Trial Court


. Trial Court.
New York. Oct 20.-The American and
Journal says
The murder of Edwin L. Burdick in
Buffalo last February is to be brought
before trial court for the first tine
The charge that Arthur r. Pennell was
q murderer and a suicide has been laid
before the supreme COURT for judicial
decision. and new and startling evidence
bearing on the celebrated Burdick case
is ID be produced before Justice Kene-
fck in Buffalo within the next two weeks
Mrs. Gertrude Barnard Paine. wife of
Dr. Seth 7. Paine of batavia, will take
the witness stand and, it is reported.
give testimony which was suppressed at
the inquest held by Police Justice Muir
ply last March.
Other evidence which District Attorney
Coatsworih failed TO bring out at the in
quest and much that has been discovered
since that tribunal adjourned will be pre-
scented by the attorney for the Aetna Life
Insurance company, which is contesting
the claim of the Pennell heirs for the
amount Of Arthur r. Pencils accident
policy in that concern.
Edwin L. Burdick was found dead In
the den of his handsome home in Elm
wood avenue, on the morning of Fri1ay.
February q 1903. He had been beaten
TO death. There were indications about
the room that he had been entertaining
a guest shortly before his death None
of his three children, neither of the two
servants nor his mother-in-law, Mrs. Hull,
all of whom were sleeping on the upper
floors of the house, would admit having
heard any struggle or unusual noise dur
ing the night
Mrs Burdick was at Atlantic City when
the murder occurred. Her husband had
begun suit for divorce naming Arthur
r Pennen. a well-known young lawyer,
who moved in the same social set with
the Burdicks. and with Mrs. Paine. who
for some reason that was never publicly
made clear was herself believed to know
q. great deal about the matter
: The ednesday following the murder
Pennell and his wife in an automobile
went over a cliff into an abandoned stone
quarry. Both were killed
t developed after Pennelrs death that
he had carried over s2oo 900 in life and
accident insurance, and his heirs. through
Thomas Penney. former district-attorney
of Erie county, set about trying to col
lect It.
Only a little more than 10000 of the
Pencil insurance has been paid Policies
aggregating s93.5O0 are being contested by
the companies issuing them. Many OF
the policies held by Pencil were incon-
testable. but others contained clauses in
A..
All Of these companies have refused
payment ON the ground that they believe
that Pennsil committed suicide. Each
company has been sued by the executors
OF the PeHnell estate. and the -Aetna's
case which IS the first TO be heard. is
scheduled. for next week at Buffalo.
The answer of the Aetna Insurance
company TO the complaint OF the PanneIl
heirs charges absolutely that Pennell was
the murderer of Edwin L Burdick. and
accuses him of being a defaulter. a go
between for graftcrs in the employ Of the
city Of Buffalo and with committing sui
eide. Deliberately taking his wife with
him in his. wild plunge 10 death over the
brink of the Jamerthal stone quarry in his
automobile.
the Rurdick inquest will be intro 'uced in
evidence and many witnesses VIII be call
ed who did not testify at tina; time As
the only e-wituosses of Pencil : dea h
were unable 10 say whether the occur
renee was accidental or deliberate. n
proof of suicide must necos aril> he cir
cumstaRtial to iar~e degree. md to
make a coFpiete circ msta I a ase an I.
adequate motive must be shown
The Aetna compa ny's attorneys, Will
endeavor 10 show that this motive ex-
listed in the fear that Penner had Of b
ing disclosed as the murd TT II Elw n
L. Burdick, hat CT me b,ing I { Gu In
alton of a deep intrigue vi h Mrs ur
dick, which he strove in ain 20 neeal
by her husband death
The effort VII also he made 70 hk
that Pennelrs income which he snent
freely. was obtained by Z ulcrt a1d ]
legitimate means. and h he ug
anticipated the time VIII he sho D. hav-
reached the ed of HIS rore ard al long
plated Jieide In pr f re q t.
posure and hal carried IN la e an unt
Of life Insurance IS ne n Of rak -
postmortenf reSti''rt'o~ TO these whom
he had cefra ded IN hfe
Among she evidence % be ugh or
which was not preserted at tie -qu $
viii be the testimony Of several former
friends Of Perneii. who viii s ca h.
ne Frequently discussed the let n ans
Of COMMITTING suicide in a way 10 mae
II appear accidental. and has HI hly
,auded the hero Of Mary Cho'monee'v's
novel Red Pottage." who bresks bveaSs
through the ice while skati.g snasdFowns
himself to avoid compromising married
woman.
Much more sensational Testimony. en-
braeing startling revelations Is ex~ect-
d. and IL is from Mrs. Paine that much
" It. ft is said will come In spite Of her
declaration at the inquest that she had no
opinion and no mears of knowing who
tlied Edwin L. Burdiek, Il Is now claimed