The sun. [volume] (New York [N.Y.]) 1833-1916, 1903-04-08
PENNELL SAID "a WOMAN. "
HAS A COPY OF
HIS STATEMENT.
Searching Inquiry Into the Secrets OF the
Dead Mans Papers to BE Made-Pen-
nell's Brother Leaves BunalO-M0re
About the &2OO.OOO DefalcatiOn.

BUFFALO. April THE Burdick murder
inquest will be virtually reopened when
the Pencil inquest is begun and the Dis
trict Attorney will try to establish, not
merely that Pennell was a defaulter but
the identity Of the murderer OF Burdick
To this end he has asked for subp1nas
for Attorneys Thomas Penney and Wallace
Thayer and Administrator j. Fred Pennell
OF New York, Arthur Pencils brother
They will be at the inquest. says Mr.. Coats
worth, II they can be found, and they will
be made to tell, IL the law will permit 1t.
all they know about Pencils papers and
about the murder
The Burdick inquest will never come to
an end said Mr.. Coatsworth tonight.
until the crime Of his murder has been
fastened beyond doubt upon the person
or persons who killed him."
Mr. Coatsworth said that the story Of
Pennell's swindles would have come out
before this II his plan to have the Pennell
inquest follow directly the Burdick inquest
had been carried out. Now he is not par
ticularly anxious to bring out all the details
OF the populations. He considers that his
duty lies rather in clearing up the Burdick
murder mystery and any other investigation
he may make will be incidental Speaking
OF his plan for the inquest. he said:
Il intend at the Pencil inquest to Writ
ually reopen the Burdick inquest. Dur
ing that inquiry shall endeavor. with the
consent OF the court, TO bring out as much
information as possible tending to clear up
the Burdick mystery / believe that the
evidence brought out at the Pencil inquest
will be ri value as bearing on the murderer.
IF the court permits / shall place Mr..
Pennei, the administrator. on the stand
and demand OF him that he produce the
Penny with the idea in mind OF securing
any information he may possess bearing
on the Burdick cases.
Mr.. Thayer, who was Mr.. Pennell's at
| torney prior to his death, may be privileged
under the law to withhold Information.
1t will rest with him as to whether he will
consent to div,ilge what he may know.
He undoubtedly ought to be in possession
| Of considerable Information
/ DO you consider that the revelations
just made concerning Pencils extensive
swindes substantiate the verdict in the
Burdiok case pointing to Pencil as the
murderer"
"Yes It is impossible to arrive at any
other conclusion. do not consider that
the defalcation has any direct bearing
on the murder or connects Pennell in any
! direct way with the crime. 1t could hardly
be considered as motive. l do not in
1
OF my mind in arriving at the conclusion
| that these revelations point clearer than
ever before to Pennell. but in my judgment
they do
to the effect that Pencil didn't have the
nerve to commit the murder. The ex
| tcnsive swindles, which he is said to have
| carried on for years shows that the man
was Of larger Galibre than he had been e,
Intelligence and thought to perpetrate
any such extensive swindles and carry them
on successfully for years.
1T is not every man who can live double
life as Pennell did and keep his true char
acter concealed from his most intimate
| friends for 40 long. Stevenson's creation in
DR.. Jekyl and Mr.. Hyde was hardly more
impro bable,
| Pennell always conducted himself as a
gentleman, He moved in good society
met his friends in society and in business,
| maintained a good front and never in any
| way by public act or deed justified the sus-
| picion that he was not man of honor.
| II Pennel had nerve enough TO do that he
had nerve enough to commit greater crimes.
THE story of Pencils defalcations
| was told TO me a week ago yesterday. 1t
came to me from another source and from
a source that was authentic
Mr.. Penney. who IL attorney for the PEN
| nell estate, still refuses to discuss the case.
Wallace Thayer. who was Pencils lawyer,
made the subjoined statement:
Mr.. Pennell. the administrator, came to
| me last Friday and asked me TO have paid
over 10 him the two insurance policies.
| amounting TO t25 900, which had been left
TO me in trust. ] refused TO do so. Mr..
Pennell then begged me to have the money
paid over 10 him. He said that Arthur had
been heavily in debt He declared that he
owed about $500 900. principally TO people
| in the East which had to be paid, and that
unless i gave up the $4,000 there would be
nothing left for his mother out OF the estate
after the 500 600 had been paid. He said
that had no right to pay any money over
| to Mrs. Burdick, ! would not agree not 10
pay over the money and Mr.. Pencil took
steps to prevent the insurance companies
from paying 1t 10 me:
Il then began a suit to compel the pay
| ment Of the money to me in trust. con-
| Guided from what Mr.. Pennell told me
that his dead brother had been a defaulter:
1t was impossible that the estate could
owe 500 600 unless ii represented money
which Pennel had stolen. MIR. Pennell
did not tell me that his brother was a de-
faulter. but j gathered that he was from
| statements made by him..
| j. Frederick Pennell has left town and
| his whereabouts is unknown here. He
had talk with his attorney, Mr. Penney,
| Yesterday afternoon and then left the city.
Mr. Penny said to-day that Mr.. Pencil
was out OF town and that he did not know
WY" Where has he gomez" Mr.. Penny was
asked.
Il can't say. He In away on business !
| believe He travels a good deal and has
lots Of business in various parts Of the
country
| remain away from tho city until after the
Ppnnell inquest Mr.. Coatsworth has
threatened to subpoena him and his papers.
II he remains out Of reach Of subpoena. a
vast amount Of valuable and interesting
information will be lost.
Il shall subpoena Mr. Pennell and make
him produce his papers u ] can reach him
with subpoena, said District Attorney
| Coatsworth.
| There probably will be a sharp fight at
the inquest over the right OF the court TO
compel the administrator and his attorney
TO testify and TO produce Pennell's papers:
Coatsworth will insist on bringing out all
he can.