Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1903-04-11

DIR. e. G. Danser. the medical eXaml-
ner. was the first witness called.
He described his visit to the quarry
where he viewed the body of Pencil.
The body, cspeo tally the head and face,
was horribly margled. He found no
papers in the pockets of any conse-
quence.
What we did find we turned over to
the undertaken at the request of Mr..
Penny"
Frank Jerger testified that on the af-
ternoon of March 10 he saw an auto
mobile proceeding down Kensington
avenue from the west and near Bailey
avenue adjacent ITO the quarry. 1t
went north on kensington avenue, re-
turned, went south on Bailey avenue
and then came back and went up Ken
sington avenue again.
1t was moving slowly and was in
that neighborhood about half an hour.
He did not notice whether the top was
up or not.
At this point Attorney Penny said: Il
object to a lot of testimony that is not
relevant to the issue here"
you have no right to object here at
ALL said the court
t)ul tHIlik, your Iioiltf, lIlil we
at least a common law right to enter
objections here to a lot of irrelevant
testimony
Il think I am capable of conducting
this inquiry" said Judge Murphy. I'VE
are going to find out all about this case.
There Is a question here as to whether
this death was accidental or suicidal
and I am going to take this mans
story and then determine what it is
worth"
The witness continuing said that he
was standing in his barn while watch
ing the automobile. 1t was raining
very heavily. He saw the automobile
stop close to Nolks saloon. 1t was
about O'Clock in the afternoon
You say you stood in front of the
barn watching that automobile for an
hour asked Mr.. Penny.
Yes sir"
Mr.. Penny conducted q brief cross-eX.
animation. attempting to show that the
witness was trying to guess at the time
The court interrupted and ordered the
witness to step down.
Il am not going to have this case tried
out here said the court.
But does your honor mean that We
have no right to examine this witness?
asked Mr. Penney.
You have no right to cross-examine
the witness under the law" declared the
court.
But l insist
Il won't permit it,
This is most irregular proceeding 1t
has been irregular all through from the
very beginning.
We'll. IL you don't like it you can get
out of this court ROOM" Numbered the
judge"
We'll, l won't get out" retorted Mr..
Penny
well. I'll put you out.
I'D like to see you do it,
This ended the dispute.
George Volk, saloon keeper on Kensing-
ton avenue. where Pennell stopped to get
drink, was the next witness
He said Pennell entered his saloon about
O'Clock on the evening of March 10 and
had drink of whiskey and cigar. He
left his automobile outside. He did not
see who else was in the automobile
James Riley. boy testified that he saw
Pennell's automobile stop in front of
Volk's saloon. Mrs. Pencil was inside
He saw Pennell come out of the saloon
and get into the automobile
Just before he got in he said some
thing and he and Mrs. Pennell laughed"
said the witness. ''Pennell put the top
down until he got in and then put it up
again. rang the gong and started away.
They went up to Leroy avenue"
Walter Riley. brother of the preceding
witness, told similar story.
George d. Campbell of Kensington ave-
nue.. testified that he vas sitting in the
front window of his house when he saw
an automobile pass slowly. 1t went up
Order street about 100 feet and then came
back. Then it turned up Kensington ave-
nue. for about $50 feet and the top was
thrown back. 1t was raining very hard at
the time.
AT the time the top was put down. how
far was the automobile from the point in