The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1903-04-11
LITTLE LIGHT IS SHED
PenneII Inquest Has Brought
Forth Practically Moth
ing New.
lBy the Asgoclated Press.l

Buffalo " Y, April 10.-Prof. Il. C.
Dancer the medical examiner, described
his visit TO the quarry where he re-
viewed the body of Pennell In reply
TO Attorney Penney he said he aid not
observe how close the curb was to the
edge of the bank or notice hoy high tho
curbw was at that point. There was
nothing between the bank and the curb
to prevent vehicle from going over the
cliff
Frank Jerger, who saw the automobile
on the afternoon of the tragedy, describ-
ed the movements of the vehicle. At
torney Penney objected to the testimony
as irrelevant. whereupon Judge Murphy
declared that Mr.. Penney had no right
to object.
Mr. Penney attempted to cross question
the witness concerning the time, trying
thereby to show that Jerger was guessing
at 1t. Judge Murphy again interposed
and heated colloquy between the JUS
tice and Attorney Penney ensued. The
attorney declared that the proceeding had
been irregular all the way through. The
dispute ended with a threat from the
judge to eject Mr.. Penney.
George Volk, saloon keeper on Ken
sington Avenue. testified to Penncll S
having bought a drink of whiskey and
cigar at his place at O'Clock on that
evening.
James Reilly. boy, saw Pennell's au-
tomoble stop in front of Volk's saloon.
Mrs. Pencil was inside the carriage.
He saw Pennell come out of the saloon
and get into the automobile.
Just before he got in, he said some
thing and he and Mrs. Pencil laughed, .
said the witness. "Pennell put the top
down until he got in and then put it
up again, rang the gong and started
away"
George Dunbar, testified to hearing
the gong of an automobile on the even
ing of March 10. He turned and saw
Pennell with his hand up to his head. as
If he were reaching for his hat, which
seemingly had blown off. AS his hand
came down the automobile swayed and
went over the bank
Attorney Maurice Spratt representing
life insurance company, endeavored to
ascertain from the witness if the auto
mobile was not on one side Of the street
or the other, but Dunbar insisted that
1t was in the center of the street. The
most significant feature of the testimony
of Dunbar was that Pennel rang his
gong to- warn him before the vehicle
plunged into the quarry.
William Lannon, who was with Dun
bar at the time of the accident told a
similar story
Thomas Penney, Pennell's counsel had
little information of Importance that he
cared TO make public. He thought he
first went to Pennelfs house on the morn
ing of March II with Frederick Pennell.
From the house they went to Pennell' 3
office.
Did you examine any papers in Pen
nell's Officer
Il did not"
did Fred Pennell?"
81 don't think So"
did the clerk, Mr.. Omphelius?"
Il do not know that he did. Some
boxes We're taken out of a safe and put
in bank"
Mr.. Penney then stated that he was
willing to tell anything, that had any
bearing on the Burdick murder, but he
would insist on exercising his privilege
as attorney for the estate of refusing TO
answer any questions relative to the
Pennell estate or the PenneI papers
bearing on the estate.
Mr. Penney cannot be made to testify
about these things" said the court,
DO you know anything about Pencils
financial affairs at the time of his DEATH
q do not"
DO you know whether he owed any
considerable amount of money at the
time of his death?"
81 decline to answer
What do you know about the story
that Pennell was a defaulter?"
Il decline to answer / x,r;l1ipO e.
state that Pencils papers refer in no
way to the Burdick case There is no
reference in any of them to Mrs. Bur
dick or to detectives"
Wallace Thayer, who had been Pen
nell's attorney before his death, made a
statement on the stand saying:
II will state that in none of Mr.. Pen
nells communications to me and in
none of his papers was there
anything bearing on the Burdick
murder or of the death of Mr.. Pennell.
Pencil left with me a sealed enyelope
OF instructions and two insurance poll
cies for $4,000 which I was to hold in
trust. / was instructed not to omen the
sealed package until the insurance money
vas paid over to me and then | was not
to make public the name of the person
OF persons for whom l held the insur-
ance in trust or make known their names
to anybody aside from the beneficiary
or beneficiaries Now, that is all care
to state"
Wallace G. Omphelius who was Pen
nells clerk. was called to the stand.
Mr. Pencil, he said, got out state
ment for publication but took the manu-