The daily morning journal and courier., 1903-04-11
THE PENNELL INQUEST.
NO SOLUTION OF THE BURDTCK
 MYSTERY oFFERED.

York DetectiVes-The Divorce Pro-
 ceedings-ConsuItatio With the De-
 fendant.
 Buffalo, N Y, April 1O.-The evidence given to-day at the inquest into the deaths of Arthur R. Pennell and Mrs. Pennell before Justice Murphy, will not help the authorities in any way to a solution of the Burdick mystery. Whether the tragedy at Gehres stone quarry on March 10 in which Pennell was fatally injured, was due to acci- dent or design was not proven.
 Thomas Penney, who has acted as attorney for the Pennell family since Arthur's death, declared that so far as he was aware nothing in the papers left by MT. Pennell would throw any light upon the murder of Edwin l.. Burdick. When questioned regarding the alleged defalcations by Pennell, MT. Penney declined to answer. J. Frederick Pennell, brother of the dead
  tate, who has possession of most of Arthur's papers, was out of the city and MT. Penney informed the court that he did not know where he was or when he would return to Buffalo
 Mir. Penney's refusal to answer ques- tions relating to the alleged dedication on the grounds of professional privi- lege was sustained by Justice Murphy.
 Evidence that would show defalca- ton would simply be accumulative," said Justice Murphy after the evidence was all in. No stronger motive could be proven than has already" been brought out here. But proving a mo- tive does not establish suicide. The court is prepared to announce it's find inga.
 There were several sharp tilts be- tween District Attorney Coatsworth and MT. Penney during the day. Judge Murphy and Mir Penney also ex- changed warm words, the judge threat ening to exclude MT. Penney from the room unless he conducted himself in a proper manner.
 The first witnesses called were the medical examiners who viewed the bod ies of the deceased; the boys who saw the automobile take the fatal plunge and persons living in the vicinity of Gerhe's stone quarry who saw an auto mobile supposed to have been Pen nel's lowering about in a. drenching rain on the night of March 10. Attor- ney Penney, Wallace I'hayer, who act ed as confidential attorney for Pennell before his death, and W. c. Omphelius, formerly Pennelrs stenographer, were examined last. Mr. Omphelius produc- ed typewriter copy of the first draft of a statement prepared for publication by Pennell before his death. The state- ment in full is as follows:
 To the Public: Now that the flood of sensationalism and yellow journalism has lessened, and that public excite ment has quieted down to a calmer consideration of the facts and events leading up to 8 terrible tragedy which has recently taken place in this city, I wish, in behalf of myself, but, espe- | cially more in behalf of others whose suffering are even greater than mine, to make this statement
 Owing to the fact that my name was so unfortunately at this time connected with the pending divorce proceedings it was forced into great publicity in con- nection with the tragedy itself So far as any possible connection with that crime was concerned, I satisfied, I think, the district attorney and his as- r,sr .I,I, T f,a to do with it, and since that time neith- CT has my house nor myself been under suspicion or surveillance. After being out for a short time in the early part of | that evening 1 spent the rest of it at home, as was shown by the evidence of my wife and the servant girl in our house. I think 1 was soon acquitted, both by the public and the authorities, with any connection with the crime. It now becomes incumbent upon me to make some statement relative to my connection with the divorce proceed ,ngs. In this statement I wish to say as little as possible about the dead. But | it must be remembered that those who are living have their lives to live, and | the rights of the living are greater than | the rights of the dead. There was no truth in the charges brought by the plaintiff in the proceedings against the defendant and myself. The charges were absolutely denied under oath, counter charges had been made and in short time the case would have been quietly tried before a referee and settled. The relations existing between the plaintiff and the defendant had been strained | for some time. Twice he had unjustly attempted to make her leave her home. My wife and myself had taken her side ] in the controversy that arose between them, and she had consulted me for legal advice and protection. During this time the man himself was in irti- mate relations with a woman whom he desired to marry. For that purpose 1t was necessary to be free from his wife. He discovered the fact that his wife knew of these relations by gaining ac- cess to the safe deposit vault, where she kept her papers, through forgery and written order over her blank sigma ture, and purloining the keys from her Being thus apprised of the evidence against him, he determined to antici- pate her action by bringing an action himself in order that he might have the appearance of being the injured party and out of vindictiveness and desire to injure me as much as possible he made me a defendant in the action. His ale gations were properly denied and the issues would have been squarely met when his death occurred at the hands