The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1903-03-24


that hotel?"
He did not
Further on in her testimony Mrs. Bur
dick said she came to Buffalo one day
during her stay at the falls She did
not see her husband on that occasion.
She saw her mother however, by ap-
pointment made over the telephone
Her mother knew why she went to the
falls witness said. Mr. Burdick had told
her.
He told her" Mrs. Burdick went on.
'he had caught me in a position which
he could not overlook and that [ would
blame me as much as he did Pencil;
that Pencil was more to blame than I
was"
When she left the Falls finally. the
witness averred, she came to Buffalo.
Pencil met her at the station They
remained in the station and then she
started for New York. reaching there
the next morning. She went to a
boarding house and then to hotel in
Fifty ninth street.
Did Pencil go to New York with
you?" asked the district attorney.
Yes was the reply
How long did Mr.. Pencil stay in
New York -
After you left New York, where did
you go2"
Atlantic City. was in New York
several weeks. leaving for Atlantic City
Pencil was with you until then ?? i.
Not with me; he was in New York.
Was Mrs Pencil there too?"
Yes"
Did you visit Mrs. PenneH?"
How often did Pencil visit you?"
Did Mrs. Pencil know you were
there ''
Il think she did"
MRS PPM TT 7, K NEW
Mr. Coatsw0rth showed letter writ
ten by Mrs. Pencil dated December 29,
1902. to Burdick. In it Mrs Pencil
said she wanted to warn him and
pleaded with him to take Mrs. Burdick
home and not blast the lives of his
children. She told him Mrs. Burdick
was about to leave New York for Al
lantic City and that he should call her
back before she left.
Another letter written by Mrs. Pen
nell to Burdick was read 1t was an
other plea that he drop the divorce pro
ceedings and consent to the return OF
Mrs Burdick for the sake of his chill
dren. declaring that they NEEDED
mothers love and care. Mrs. Penneh
urged him to trust his Wife once more
The letter was undated but evidently
was written about two weeks after Mrs
Burdick left for Atlantic City.
The district attorney here reverted to
the divorce action. Mrs. Burdick said
that Pencil managed everything foe
she had engaged the detectives who fol-
lowed 2urdick. Pencil did all that
Proceeding Mrs Burdick said she re-
turned to Buffalo in a week or ten days
from Atlantic City to get the contents
of the box in the safety deposit vault
She did so because Pencil had been re-
fused access to it, She remained in Buff
falO several days, stopping at a hotel
She saw. her husband by appointment.
I tele3honed to him.. she said, and
told him there were some things I want
ed him to explain before he went on
with the divorce proceedings I asked
him to see me at the enesee, and he
did. I told him it was not my fault
that the divorce proceedings were being
held up and delayed, and he said he
understood that"
Then you did not want to defend that
suit?
LEFT ALL TO PENNELL.
Il did not know exactly what 7 did
want to do I left it to Pencil to de-
eide
"On December y you wrote letter
to your husband from New York in
which you said that your going back
home would make no Difference for the
reason that Pencil said you had no de
Tense and the divorce was to be granted
by agreement Why was the change
made with regard to making a de-
Sensc?"
Mr. Burdick told me if 7 made no de.
Tense I could have the children half o.
the time. so I thought 1 had better not
make defense Afterwards I thought
1 would make a defense and save my
EOnor
Your honor9"
Yes. my honor"
AT the time YOU and Pencil decided
to put in no defense you supposed. Pen,
nell would get divorce from his wife?'-
Yes"
And it was after Mrs. Pencil had re-
fused to permit Pencil to get a divorce
that you decided to defend your suit?''
ire oil !
fused or agreed
Didn't Pencil tell you that his wife
would not agree, and did you not then
decide to defend the suit?"
NO. he decided that himself
What was Pencil going to do with
you after you were divorced?'
He said he would go out west and
get a divorce from his wife and marry
BOND FOR HER SUPPORT.
Mrs Burdick declared she did not
know if Pencil had any means OF his
own, although she knew him and his
WIFE for six or seven years. and had
Travelled with them. Pencil had not
agreed, she said to give her a bond for
$4,000 to support her through life.
Mr. Coatsworth showed the witness
the CODY of bond for $50 600 given by
Pencil to secure the payment to her of
handwriting.
That came from your safe deposit
vault also. did it not?'' asked Mr.. Coats
worth
Il do not know"
Don't you know that such a bond
was in that box?"
Il do not
Isn't it strange that Mr. Burdick
could find that bond there and you
could not?"
7 do not know anything about that.
think I can explain how he may have
got into my box. When I went to the
bank one Gay. one of the clerks there
asked me if my brother still had the
right to open my box ! told him had
no brother. He then showed me an or
der giving my brother the right to enter
that box"
Continuing Mrs. Burdick said she did
not know that Pennell made provision