The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1903-03-18
TOWARD PENNELL.
Continued from First Page.o

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~ that he had sent her away, but taaS
was what was gathered by the witness.
PENNELL AGREED TO LEAVE.
Burdick told Mrs. Paine that he relr
very badly about Pencil. his friend.
coming into his family that way He
said that he had had a talk with Pen
nell and that Pencil had agreed to
leave the city. Once before Pencil had
promised to leave home, but had noc
done so. Mr.. Burdiek never asked the
witness to TX uD an appointment with
Pencil Mrs. Paine said she met Bur
dick down town several times by APP
pointment. but did not remember wha.
they talked about or why the appoint
ments were made
When was the last time you had d
converse ton with him -
over che teleDhone2' %
.'On the day of his DEATH
What did you say to him@
II told him I had not seen Mrs. Pen
nell and did not know whether she was
going to attend the ElmwOod< dance or
not. He said if the Pencils were MOI
going to be there he might go, as ne
had done nothing. He wanted to know
if were going I told him l had cold
and would not go. The night previously
he had called me up and asked me If I
could find out whether the Pencils
We're in the city and to let him know
the following morning. That was why
I tele9honed to him the next morning. "
Burdiele had called on her several
times while Mrs. Warren of Cleveland
was there and had taken them to the
theater, and. she thought, to the dane
ing club.
while he was talking to you at Main
and Summer streets did he tell you thar
Mrs Warren was getting a divorce from
her husband2"
Yes. sir.
.Burdiek thought a. good deal of Mrs
Warren. didn't he2"
Yes, he admired her very much"
ibid he ~ Y a non
ment by which he and Mrs. Warren
were to be married when she got di~
vo.cao"
Mrs. Paine said she was home on the
night of the murder Her boarder, Miss
Cunningham. had a visitor who re-
NAMED until quite late. She read until
$3.50 o'clock and then went to bed.
She Gid not see Miss Cunningham or
her friend again that night and did not
leave the house.
Did you have any telephone com
munication with Mr.. Burdick that
No, SIR
The night he was murdered ?"
No, sir l received a message by tele-
phone from DR.. Paine"
rs Miss Cunningham here now %
city
DO you know where she ISL"
I do not know"
" ia MIRO EEl4N ELL SAID
Mrs Paine was at Pencils house
about two weeks ago and had a talk
with Mrs. PenneIl.
did Mrs. Pencil say she was going
to get a divorce from Pennell?'
No; she said she had heard the story
that she was getting a divorce but she
said she had no intention of doing any
thing of the kind. She said she had
spoken to Burdick about taking his wife
back"
The witness stated that Burdick had
previously told her that Mrs. Pencil
wanted him to take Mrs Burdick back
he had said that Mrs Pencil had
i caused all the trouble in the first place
and that it was too late for her to in
4 tercede.
I believe it was Mrs. Pencil who
flrst told Mr. Burdick about Mr.. Pencil
! ana Mrs. Burdiek,' declared Mrs Paine
4 Mrs Pencil had never told her that
Mf. Pencil had threatened to do Mr..
I Burdfck harm and she had never heard
OF PenneH threatening harm to Burdiek
! She did not know whether or not Pen
nell was quick tempered man
Lawyer Hubbell asked Mrs Paine if
she knew of Burdick's carrying a
weapon. She did not know, although
Burdick had told her he had been fol-
I lowed
Did he ever express his feeling to-
ward Penne1l27
He said that he would forgive Pen
nell for all that he had done if he
would only marry Mrs. Burdick. He
said he would permit her to have the
1 children six months of the year
Did he ever say anything about muir
! dering Pennell2"
He said once, Who would there be
to take care of my children if I had a
murder on my hands2'
i Charles S. Parke, Burdicks business
/ partner, who had been associated in
business with him for four years and
had known him for eighteen years,
made some important statements on
/ the stand He occasionally visited, he
said. at Burdick's home. About a year
ago he saw Arthur r. Pencil at Bur
dicks office. At one time Pencil was
Burdick's lawyer. Burdick told Mr..
Parke about the trouble with his wife
about Christmas time. Mr.. Burdick
told him he did not blame Mrs Bur