Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1903-04-11
Inquest Into the Death of Ar
thur Pennell Does Not
Solve Mystery
LEFT A SEALED ENVELOPE
Attorney Tells of Instructions Given
Him by PennelI Before Latter's
Death-statement Which He Had
Prepared on the Hurdick Case Read
at the Inquest.

given at tne inquest INTO lne QedtHS
or Arthur r. Pencil and Mrs. Pencil
before Justice Murphy will not help
ton of the Burdick murder mystery,
Whether the tragedy at Gehr's stone
quarry on March 10, in which Pencil
was killed and Mrs. Pennell was fatally
injured, was due to accident or de-
signed, not proved, and Justice Muir
phys verdict was to that effect.
Tomas Penney, who has acted as
attorney for the pennell family since
Arthur Pennells death, declared that
so far as he was aware nothing In
the papers left by Pennell would throw
any light upon the murder Of Edwin
Burdick. When questioned regarding
the alleged defalcations by Pennell, MIR.
Penney declined to answer. ]. Freder-
lex Pennell brother of the dead lawyer
and administrator of his estate. who
has possession of most of the papers,
was out Of the city, and Mr.. Penney in
formed the court that he did not know
where he was or when he would re-
turn to Buffalo.
Wallace Thayer, who had been Pen
nelfs attorney before his death, made
q statement on the stand, saying: y
will state that in none of Pennells COM
munications to me- and in none of his
papers, Vas there anything bearing on
the Burdick murder or the death of Mr..
Pencil. Pencil left with me sealed
envelope of instructions and two in
surance policies for $4,000, which J
was to hold in trust. was instructed
not to open the sealed package until
the insurance money was paid over to
me. and then was not to make public
the name Of the person or persons
from whom l held the insurance In
trust, or make known their names to
anybody aside from the beneficiary or
bSneficiaries. Now, that is all l care
to state"
Wallace G. Omphelius, who was Pen
nells clerk, said Pencil got out state
ment for publication, but took the man
uscript to make some corrections. and
witness did not see 1t again. He said
j. Frederick Pencil found the revised
copy of the statement. He himself had
a copy of the original. as Transcribed
from his stenographic notes. 1t was
on the Saturday following the
murder and was addressed to the pub
lie.
In beginning. Pennell spoke of the
flood of sensationalism and yellow
journalism. He stated that he had
satisfied the district attorney and the
police that he had nothing to do with
the Burdick murder; told of his where
abouts on the night of the tragedy, as
proven by the evidence of his wife and
servant. With reference to his con-
nection with the divorce proceeding, he
said: Il wish to say as little as possible
about the dead. But it must be re-
membered that those who are living
have their lives to live. and the rights
CT the living are greater than the rights
of the dead. There was no truth in the
charges brought by the plaintiff in that
against the defendant and
myself. The charges were absolutely
denied under oath, and counter charges
had been made, and in short time the
case would have been quietly tried be-
fore a referee and settled"
tPenpelI further declared that there
was no reason why Mrs. Burdick
should have been driven from home by
Burdick; that Burdick had been inti-
mate with a woman whom he intended
to marry. and it was not until he
learned that Mrs. Burdick was to sue
him for diverse that he entered d.
vorce proceedings himself. Pennell
declared Burdick learned of his wife's
Intention to sue for divorce when he Sc
hoy 20
vault by forging an order on the de-
posit company. Penne.l declared that
Rurdick was killed by an unknown
whom he had invited to his
house at midnight.
He takes up in detail some of what |
ne terms "misrep representations" discuss
ng each from his point of view. He |
denies that the Office in |
cilicott square was ever used as a |
place in any manner so falsely |
and unjustly indicated"
Pencil pays his respects to the de- |
.ectives, denouncing their statements I
as "unqualifiedly false" He says that |
during the tendency of the divorce pro-
it became necessary to consult I
he defendant (NIrs. Burdick), but, he I
says, it can be ABSOLUTELY proven that I
.hese meetings were in such places and |
lnder such circumstances as to abso- |
utely negative and other idea than the
purpose of transacting affairs relative
% the divorce action"
Continuing his statement Pennell |
says: The crime is as great q mys-
cry to the writer as to any one. Ter |
'ible notoriety and publicity have been |
upon people. more especially |
women, who have entirely undeserved I
{, and great wrong done all concerned,
the family which has suf-
cred, and must suffer most. For that |
We must thank the spirit of yellow
journalism, which does rot hesitate to
riolate every principle of truth. honor. |
Rivalry. justice and sanctity in those
.eforts to make news and sell papers,
which make that style of journalism
me of the sickening things of modern
utilization.
The witnesses of the plunge of the
into the quarry were exam
ned and repeated their stories without
nv change from the original police ex-
animation.
"Eevidence that would show defalca-
ion would simply be accumulative,"
aid Justice Murphy, after the evidence
vas all in. mo stronger motive could
,e proved than has already been
,rought out here. But proving mo-
i've does not establish suicide. The
curt is prepared to announce it's find
ngs."
Judge Murphy then delivered his ver-
lict as follows:
a \ Il fVys. L