The Birmingham age-herald., 1903-04-11
Statement Dictated by Him After the Murder Read in
 Court
SAYS YELLOW JOURNALS
 WILL PRINT ANYTHING
Judge Murphy Renders Decision, In Which He Says It Can't Be Told Whether PenneIl Commit
 ted Suicide or Not.

Buffalo April 10-The inquest into the deaths of Arthur R. Pennell and Mrs. Pennell before Justice Murphy today did not throw any light upon the Burdick murder mystery, and did not show whether Pennell and his wife committed suicide or were killed by accident on March 10, when their automobile plunged into Gehre's quarry. The inquest began at o'clock and was ended by the read ing of Justice Murphys verdict.
 Thomas Penny who has acted as attor- ney for the Pennell family since Arthur Pencils 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 defalca- tions by Pennell MT. Penny declined to answer. J. Frederick 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 MT. Penny informed the court that he did not know where he was or when he would return to Buffalo.
 "Evidence that would show defalcation would simply be cumulative" said Jus tice Murphy, after the evidence was all in.
 No stronger motive could be proved than has already been brought out here. but proving a motive does not establish suicide. The court is prepared to an- nounce its findings"
 Judge Murphys Verdict.
 Judge Murphy then delivered his yer dict as follows: a
 T find and certify: That Arthure R, Pennell came to his death on the 10th day of March, 1903, as a result of injuries re- ceived while riding in an automobile, the said automobile plunging from an em- bankment into Gehre's stone quarry.
 That I cannot determine from the evidence submitted whether such plunge was accidental or designed.
 That Carry Lamb Pennell came to her death as result of the said plunge of the automobile into the quarry"
 PennelPs Statement.
 ". M. Omphelius, PenneIs stenogra- pher, produced typewritten copy of the first draft of a statement prepared for publication by Pennell before his death. The statement in full, Is as follows:
 ''To the public. Now that the flood of sensationalism and yellow journalism has $. ,lessened, and that public excitement has 2 died down to calmer consideration of the facts and events leading to terri ble tragedy which has recently taken ~3 place in this city, wish in behalf of my self, but especially more in behalf of others, whose sufferings are even great CT than mine, to make this statement. m Owing to the fact that my name was so unfortunately at this time connected with the pending divorce proceedings, 1t was forced into great publicity in con- nection with the tragedy itself. So far as any possible connection with that crime was concerned, I am satisfied, I think the district attorney and his associates thoroughly also, that I had nothing to do with 1t, and since that time neither has my house nor myself been under sus- pcion or surveillance.
 After being out for a short time In the early part of the evening l spent the rest of 1t at home, as was shown by the evidence of my wife and the servant girl in our house. 1 think I was soon acquitted both by the public and the au- thorities of any connection with the crime. It now becomes incumbent upon me to make some statement relative to my connection with the divorce proceed ings.
 Rights of the Living.
 ''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 charge brought by the plaintiff in that proceeding against the defendant and myself. The charges were absolutely denied under oath and counter charges had been made and in a 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 sus- tained for some time. Twice he had un- justly 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 inti- mate relations with 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 access to the safe deposit vault where she kept her papers, through forged and written order over her blank signature and pur- Joining the keys from her.
 Appeared as Injured Party.
 Being thus apprised of the evidence against him, he determined to anticipate her action by bringing an action himself in order that he might have the appear ance of being the injured party, and out of yindictiveness and the desire to injure me as much as possible he made me defendant in the action His allegations were properly denied and the issues would have been squarely met, when his death occurred at the hands of some unknown woman whom he had invited to his house at midnight. Nothing more unfortunate could have occurred for everybody in- volved, as the entire matter necessarily
 (contInued on Second Pase)