The Penn's Grove record., 1903-04-10
A. R.PENNELL A DEFAU[TER'
He is Alleged to Have Embezzled
Trust Funds.
HAD ALSO PLANNED SUICIDE

Tho Belief Strong in Buffalo THAT He
When He and His Wife Were Killed
-Self-Destruction Said to Offer Him
Only Way to Avoid Disgrace.
Buffalo, N. UT is said here that
Arthur r. Pencil, one Of the promin-
ent characters connected with the Bur-
dick murder mystery, and whose acct
dental death only added to the mystery,
was a defaulter in more than $3.50, 900,
and that for two years he had lived
with thought Of suicide. 1t was said
that at the time Of the Pan-American
Exposition for days he tried to find
death in a way that would make it ap-
pear accidental, and that when the op-
portunity offered he had not the conr-
age to make the move.
All this has made the belief stronger
that Pencil deliberately rode over
the edge of a precipice in an
automobile with his wife on March
10. There are few persons in Buff
falo who think Pencil and his wife
plunged to their death as the result Of
an accidental twist Of the steering
gear. The sympathy that was attached
to his memory has been slowly slipping
away, until now only those who had
been most intimate with him in the
days Of his honor and respect stoutly
defend his name.
The startling story anne out follow
ing a dispute ove the disposition Of the
large sum in which Pencils life was
insured. 1t was said the young lawyer
induced friends in the East to give him
money for investment, spent the princi-
pal and paid interest out of his own
pocket.
Incidentally, 1t has been confirmed
that Pencil made provision for the
payment of $4,000 of his life insur-
ance to Mrs. Burdick. This was the
possibility discussed so thoroughly by
the public at the time of the inquest
before Justice Murphy, and on which
point curiosity was never satisfied.
In his will Pencil named his brother.
]. Frederick Pencil, as administrator.
To him he left sealed instructions t.Iat
after his death he should make good in
full out of the estate all the losses
which had been sustained through the
alleged de~falcatiOns. In the story pub
lished in a conservative local paper it
is said Pencil carried more than $780,
600 insurance, SO that his Eastern cred
itors might be paid.
1t is said Pencil planned two years
ago to throw himself in front of a train
at Peekskill. He stopped off at Peeks-
kill on the way back to Buffalo from
New York. His nerve failed him when
he stood face to face with death, and
he went his way.
Self-destruction appealed to Pencil
as the Onl.- way to avoid disgrace DUR
ing the Pan-American Exposition, it is
alleged, and for days and days he
sought a favorable opportunity.
1t now appears there were two life
policies which had not been handed
over to the administrator. One was
for $4,000, the other for $4,000. These
policies had been assigned by Pennell
to Wallace Thayer, an attorney, in
trust. The insurance companies on
advice Of counsel held up payments.
Pencils brother went to the attor-
ney to find out the nature of the trust.
Mr.. Thayer said he could not talk, as
he had sealed instructions from the
dead man as to how he would dispose
OF the moLey, and that as a lawyer he
could not reveal the facts. Mr.. Pen
nell urged that as administrator he
was entitled to know the full facts be-
fore he could consent to have the
money paid over, but Mr.. Thayer re-
fused to see the force of this argument,
and kept his silence.
AS a result Thomas Penney, counsel
for Pencils estate, charged the in
surance companies not to pay the $685.
600 to Mr.. Thayer. 1t now seems prob
able the money will be paid into the
courts unless the insurance companies
take a chance Of paying it either to
Mr.. Thayer or to Mr.. Penney.