The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1903-03-25

aUOlHRT
told me that l might remain that night.
"He was very kind to you even then?"
''He was"
The witness admitted in reply to furth-
er questions that the complaint in the di-
vorce suit was served on her the follow
ing day. December 3. She left home then,
going to Niagara Falls.
who accompanied you to the Falls?"
asked Mr.. Coatsworth.
"Mr. Pennell."
Mrs. Burdick said she came to Buffalo
one day during her stay at the Falls. She
did not see her husband on that occasion.
She saw her mother, however, by appoint
ment, made over the telephone. Her
mother knew why she went to the Falls,
witness said.
Mr. Burdick had told her. "He told
her." Mrs. Burdick went on "he had
caught me in a position which he could
not overlook and that | would have to
leave. He said he did not blame me as
much as he did PennelI; that Pennell was
more to blame than / was"
When she left the Falls finally the wit
ness averred, she came to Buffalo. Pen
nell met her at the station. They re-
NAMED in the station and then she start
ed for New York. PenneU went with
her Mrs. Pennell was also in New York.
Mr.. Coatsworth showed the witness
letter written by Mrs Pennell dated
December 90. 1902, to Burdick. In it
Mrs. Pennell said she wanted to warn
him and pleaded with him to take Mrs.
Burdfclz home and not blast the lives of
his children.
Another letter written by Mrs. Pennen
to Burdick was read. 1t was another
plea that he drop the divorce proceedings
and consent to the return of Mrs. Burdick
for the sake of his children, declaring
that they needed a mothers love and
care Mrs. Pennell urged him to trust
his wife once more.
The district attorney here reverted to
the divorce action. Mrs. Burdick said
that Pennell managed everything for her
in relation to it, She denied that she
had engaged the detectives who fol-
lowed Burdick Pennell did all that.
''On December II you wrote q letter
to your husband from New York in
which you said that your going back
homo would make no difference for the
reason that Pennell said you had no de-
tense and the divorce was to be granted
by agreement. Why was the change
made with regard to making a defense?"
"Mr. Burdlck told me If made no de-
fense l could have the children half
the time, so 1 thought I had better not
make a defense. Afterwards / thought l
would make a defense and save my
honor z-g~sas~s-z.e.--z=s.s
"At the time you and Mr.. Pennell de-
cded to put in no defense, you supposed
Pennell would get divorce from his
wife?"
Yes"
"And it was after Mrs. Pennell had
refused to permit Pennell to get d.
vorce that you decided to defend your
suit"
NO. Mrs. Pennell never positively
refused or agreed"
Didn't Pennell tell you that his wife
would not agree, and did you then de-
eide to defend the suit?'
mo, he decided that himself
"What was Pennell going to do with
you after you were divorced?"
He said he would go out West and
get divorce from his wife and marry
me"
M}ss<sBurdick declared she did no. know
if Pennell had any means own.
Penneli had not agreed. she said, to give
her a bond for $25,OOO to support her
through life
Mr.. Coatsworth showed the witness a
copy OF bond for $4,000 given by Pen
nell to secure payment to her of SIS 600.
The copy was in Mr.. Burdick's hand
Mr.. Burdick said she did not know the
bond was in her safety deposit box; add
ing that she did not know that Pennell
made provision for the payment of $25,-
GOO to her and denied that he ever paid
her that sum. She did not know wheth-
eC he had assigned any of his life insur-
ance policies over to her. She did not
know that Pennell had made any provs-
ion for her.
While she was in Atlantic City Pen
nell never gave her any money but he
paid her expenses He went with her
from New York to Atlantic City and
stayed there for a week. They talked
about the divorce proceedings He told
her she need not worry; that everything
was going all right and that she had
good defense; that she would get the
divorce instead of her husband getting
it. Pennell left for Buffalo, the night of
February q.
Didn't he love you just much then
as ever?'
Yes, he did"
Did you receive any communication
from him prior to your husbands death
and after you left for Atlantic City?"
Il did not"
you swear that?"
II will
What were you engaged at Wednes-
day evening, February 26?"
II think I was in my room in the hotel
reading. 1 think was tired and went to
bed early
And when did you get up?"
About s o'clock"
Did you receive a telegram from your
mother that morning?"
Yes a telegram that Ed was dead"
Did you receive any letters from your
mother while you were away?"
"Yes, two a week sometimes"
Have you those letters now?"
mo, l destroyed them"
Wasn't that rather stranger?
'No, it was my custom to destroy my |
letters. While I am away 1 always do |
that"