Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1903-04-09
BURDICK'S SLAYER.
Arthur Pencil Said a Woman
Did It at Midnight.
That Fact Is to Be Brought Out at the
Pencils Inquest.
Sealed instructions to His Lawyer Not
Yet Opened.

buffalo, N. Y, April S.-Justice Muir
ply and District Attorney Coatsworth
held a conference, this afternoon, ON
the Pennell inquest, which will begin at
the morgue, Friday afternoon. The
course of the public inquiry, so far as 1t
could be discussed beforehand, was set
tied. The inquests of Pennell and Mrs.
Pennell are to be joined. The last
known statement of Pennell in his own
defence in which he says a woman kill
ed Burdick at midnight, is to come out.
The question of suicide or accident is
not to be tried out, so far as the dis
trict attorney is concerned. That part
of the case will be directed by Justice
Murphy. The alleged defalcatiOns, an
nounced as eGualling the total of Pen
ne1fsq1ife insurance, have nothing to do
with the death of Burdick and the in
quest will not be trial of a dead man
for swindling.
The letters Pennell wrote, the state
ment he left behind and all other pa
pers that in any way touch upon or
pertain to the affairs of Burdick are to
be brought out if the authorities can
get them. The Pennell detective re-
ports on the shadowing of Burdick, also
are to come out, unless they have
found their way into hands beyond the
reach of the court. The facts about
the trust fund or bond from Pencil to
Mrs. Burdick may also be made known,
unless Attorney Thayer on the stand
pleads his privilege as attorney for the
dead man. Even then it is for the
court to decide whether the plea is
valid and Justice Murphy will pass
whether Mr.. Thayer should produce the
papers in his possession at the time of
Pencils death.
Arrangements were also made for the
.ssue of subpoenas. Justice Murphy
decided to sign the subpOenas desired
by District Attorney Coatsworth. These
included subpoenas for Thomas PEN
ney, attorney for the Pencil estate;
Administrator Frederick Pennell; At
torney Wallace Thayer, who was Pen
nelFs legal adviser; the witnesses to
PennelPS will and certain others.
The inquest will probably last two
days. 1t was intimated, today, that in
the event that those interested in the
Pennell estate are called upon at an Of
fetal inquiry to divulge any Informal
ton as to Pennelrs financial opera
tons, an effort will be made to show
that the money which he obtained from
his friends and relatives was in the ma
ture of legitimate loans. In other
words it may be asserted that funds to
the amount of about 100000 were adj
vanced to him without any security
whatever. His attorney. Wallace
Thayer, admits that Pencil had no
security to give for such loans, that he
possessed no real estate and had nc
bonds or stocks or mortgages.
do you consider that he could bor-
row 100000 from friends and relatives
without giving security far in excess
in value of $2O0,000?" Mr.. Thayer was
asked.
mo, it is not likely, and that is one
reason why believe Pencil was a de-
faulter," was the reply.
Mr.. Thayer says that he had not yet
opened the sealed instructions left him
by the dead nan.
"Pennell left written orders that they
should not be opened until the insur-
ance money was paid in," said Mr..
Thayer. Il therefore do not know
what my secret instructions are"