The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1903-04-11
INQUEST IS
NOW OVER
How He Died a Foregone Con-
cIuSIon.
Pc N N { LIS TATEMENT
Given Out by His Stenog-
rapher to the Public.

Buffalo, April 10.-The evidence given
today before Justice Murphy at the in
quest into the death of Arthur R. Pennell
and Mrs. Pencil viii not help the author
tiles in any way to solution of the Bur
dick mystery. Whether the tragedy at
Genres stone quarry on March 10, in
which Pennell was killed and Mrs. Pen
nell was fatally injured. was due to an
accident or design, was not proven.
Thomas Penney, who has acted as at
1orney for the Pencil family since Ar
thur Pencils death, declared that so far
as he was aware nothing in the papers
left by B1r. Penneii would throw any
aight upon the murder of Edwin Burdick.
When questioned regarding the alleged
l oefaications of Pencil. Mr. Penney de-
clined 10 answer. J. Frederick Pennell,
brother of the dead lawyer, and admins
TRAITOR of his estate, who has possession of
most of the papers, was out of the city,
and Mr.. Penney informed the court that
he did not know where he was or when he
would return TO Buffalo.
Evidence that will show defalca ton
would simply be cumulative" said Jus
in. mo stronger motive could be proven
than has already been brought out here.
But proving a motive does not establish
suicide. The court is prepared TO an
nounce its findings"
Judge Murphy then delivered his verdict,
as follows:
II find and certify: That Arthur r.
PennelI came to his death on the 10th day
ne fOT9
ceived while riding in an automobile, the
said automobile plunging from an en-
bankment into the Genres stone quarry.
That / cannot determine from the evil
dence submitted whether such plunge was
accidental or designed.
THAT Carrie Lamb Pennell came to her
death as a. result of the said plunge of
she automobile into the quarry
w C. Ompheiius. Pencils steno-
grapher. produced a typewriter copy of
the5 first draft of a statement prepared
for publication by Pennell before his
death The statement in fun follows:
ITO the Public: Now that the flood of
sensationalism and yellow journalism has
lessened. and that public excitement has
died down to a calmer consideration of
the facts and events leading up to terri
pile tragedy which has recently taken
place in this city, l wish, in behalf of my
self, but especially more in behalf of
Others whose sufferings are even greater
than mine. to make this statement:
Owing to the fact that my name was
DO unfortunately at this time connected
with the pending divorce proceedings, L
was forced into great publicity in con-
nection with the tragedy itself So far as
any possible connection with that crime
was concerned, 1 am satisfied. L think
the district attorney and his assistants
thoroughly understand that had nothing
20 do with it, and since that time neither
has my house nor myself been under sus-
picion or surveillance.
After being out for q short time in the
early part of that evening, I spent the
rest Of II at home, as was shown by the
evidence Of my wife and the servant girl
in our house. l think l was soon acquit-
ted both by the public and the authori-
ties with any connection with the crime.
1t now becomes incumbent upon me to
make some statement relative to my con-
nection with the divorce proceedings. In
this statement l wish to say as little as
possible upon the dead. But it must be
remembered that those who are living
have their lives to live and the rights of
the living are greater than the rights of
the dead. There was no truth in the
charges brought by the plaintiff in that
proceeding against the defendant and my
self. The charges were absolutely denied
under oath and counter charges had been
made, and in a short time the case would
have been quietly tried before a referee
and settled.
'"The relations existing between the
plaintiT and the defendant had been
strained for some time. Twice he had
unjustly attempted to make her leave
home. My wife and myself had taken
her side in the controversy that arose
between them and she had consulted me
for legal advice and protection. During
this time the man himself was In init
mate relations with a woman whom he
desired to marry. For that purpose it
was necessary to be free from his wife.
He discovered the fact that his wife
knew of these relations by gaining ac-
cess to his safe deposit vault. where she
kept her papers. through forging writ
ten order over her blank signature and
purloining the keys from her.
''Being thus appraised OF the evidence
against him. he determined 10 anticipate
her action by bringing an action h.Sself
in order that he might have the appear
ance of being the injured party, and.
out of the vindictiveness and desire to
fnjure me as much as possible he made
me defendant in the action His ale
cations were properly denied and the is
sues would have been squaTely net. when
his death occurred at the hands of some
unknown woman whom he had invited
TO his house AT midnight. Nothing more
unfortunate could have occurred for
everybody involved. as the entire matter
necessarily became public and If the
truth could have appeared the harm
would not have been so great. but truth
and yellow journalism arc at opposite
poles and consequently a mass OF lies,
fiction and imagination was published
which had no possible basis in fact. but
for the, sake Of those most concerned
some of these Misrepresentation must be
taken up and met.
..First-In reference to the Office which
was alleged u have maintained in En-
cit Square. That Office was leased and
furnished by me under an arrangement
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