The Birmingham age-herald., 1903-04-11
PENNELL SAN NEWSPA-
 PERS WRONGED HIM
Continued from First Pase)

 became public. and if the truth could have appeared the harm would not have been so great, but truth and yellow jour nalsm are at opposite poles and conse- quently a mass of lies. Fiction and imag- nation were published which had no pos sible basis In fact.
 During the pending of the divorce ac- tion it became necessary for me to con- suit with the defendant in reference to the course to pursue. For that purpose 1t was necessary that meeting should take place here in New York or Atlantic City, but in such cases, as can be absolutely proved, these meetings were in such places and under such circumstances as absolutely to negative any other idea than the purpose of transacting the affairs relative to the divorce action.
 Finally, it may be said that the crime is as great mystery to the writer as to any one. Terrible notoriety and pub licity has been brought upon people, more especially women who have entirely un- deserved 1t, and great wrong has been done all concerned, especially to the family which has suffered and must suffer most. For that we must thank the spirit of yellow journalism, which does not hesi- tate to violate every principle of truth. honor, chivalry, justice and sanctity in those efforts to make news and sell pa- pers which make that style of journalism one of the sickening things of modern civilization"
 Witnesses the Accident.
 Frank Jerger, who saw the automobile on the afternoon of the tragedy, described the movements of the vehicle. Attorney Penny objected to the testimony as ire levant, whereupon Judge Murphy de- clared that MT. Penny had no right to object
 T think, your honor, that we have at least common law right to enter ob- lection here to a lot of irrelevant testi- mony, said Attorney Penny.
 T think l am capable of conducting this inquiry" rejoined Judge Murphy.
 MT. Penny attempted to cross-uuestion the witness concerning the time, trying thereby to show that Jerger was guess ing at it. Judge Murphy again inter- posed and heated colloquy between the justice and Attorney Penny ensued end ing with threat from the judge to eject MT. Penny.
 Joe Dunbar testified to hearing the gong of an automobile on the evening of March 10. He turned and saw Pennell with his hand up to his head as If he were reaching for his hat As his hand came down the automobile swayed and went oyer the bank.
 Dunbar said Hat apparently Pennen rang his gong warn him before. the
 Penny Had Little to Say.
 Thomas Penny Pennells counsel, had little information of importance that he cared to make public, saying he was will ing to tell anything that had any bearing on the Burdick case. But he would in- i9t tef, l,f Dey for the estate of refusing to answer any questions relative to the Pennell estate or the Pennell papers bearing on the estate.
 Do you know anything about Pennell's financial affairs at the time of his death?" "I do not"
 What do you know about the story that Pennell was a defaulter?" T decline to answer" Wallace Thayer, who had been Pen nells attorney before his death, made statement on the stand, saying: T will state that in none of MT. Pennells com munications to me, and in none of his pa- pers, was there anything bearing on the Burdiek murder or the death of MT. Pen- nell"
 Wallace G. Omphelius, who was Pen- nell's clerk, was called to the stand MT. Pennell, he said, got out statement for puDucauon, put LOOK the manuscript to make some corrections. and witness did not see it again. He said J. Frederick Pennell found the revised copy of the statement. He himself had a copy of the original statement as transcribed from his stenographic notes which appears above.
 Witness Omphelius stated Pennell had two revolvers in his office. Witness now had them at home. Pennell had one up to the day following the murder of Bur dick, and then he got another. MT. Coatsvllle then inquired whether J. Frederick Pennell would be in town. He said he wanted to inquire of Mir. Pennell about the alleged defalcations of his brother and also as to whether he pos sesses any papers showing that he con- scented.
 ''I thought the district attorney did not intend to go into these matters" said MT. Penny.
 "The court has instructed me to go into those matters" said MT. Coatsworth.
 Judge Murphy said it might not be im- portant whether Pennell was defaulter or not.
 q don't believe any greater motive can be established than has been brought out here" he said. He then rendered his yer dict and the inquest was declared closed.