Waterbury evening Democrat., 1903-04-11
PENNELL CASE ENDS
No Light Thrown. on Burdick
 Murder Mystery.
JUDGE MURPHY'S VAGUE FINDINGS.
Cannot Say Whether Fatal Plunge of Automo bile Was Accidental Or DesfEned-Dead Lawyers \
 Antemortem Statement.

Antemortem Statement.
 BUFFALO, April 1.-The evidence thus far given at the inquest into the deaths of Arthur R. Pennell and Mrs. Pennell before Justice Murphy will not help the authorities in any way to solution of the Burdick murder mys- tery. Whether the tragedy at Gehre's stone quarry on March 10, in which Pennell was killed and Mrs. Pennell was fatally injured, was due to acci- dent or design was not proved.
 Thomas Penney, who has acted as attorney for the Pennell family since Arthur's death, declared that so far as he was aware nothing in the papers left by MT. Pennell would throw any light upon the murder of Edwin l.. Burdick.
 MT; Penney's refusal to answer ques- tions relating to the alleged defalca- tion on the grounds of professional privilege was sustained by Justice Mur- phy.
 Evidence that would show defalca- tion would simply be accumulative," said Justice Murphy after the evidence <" Ao OAA A1' 4NO StLOhSCl l1OlIfS NouiN be proved than has already been brought out here. But proving mo- tive does not establ suicide. The court is prepared to announce it's fnd- ings.
 1T hereby find and certify" contin- ued Judge Murphy, "that Arthur R. Pennell came to his death on the 10th day of March, 1903, as result of inju- ries received while riding in an auto mobile, the said automobile plunging from an embankment into the Gehre stone quarry; that cannot determine from the evidence submitted whether such plunge was accidental or de- signed; that Carrie Lamb Pennell came to her death as result of the said plunge of the automobile into the quarry"
 ". 0. Omphelius, formerly Pencils stenographer, produced a typewritten copy of the first draft of statement prepared for publication by Pennell be- fore his death. The main features of the statement are as follows:
 Now that the flood of sensational ism and yellow journalism has lessened
 
 down to calmer consideration of the facts and events leading up to terri ble tragedy which has recently taken place in this city, I wish in behalf of myself, but especially more in behalf of others whose sufferings are even greater than mine, to make this state. ment.
 Owing to the fact that my name was So unfortunately at this time con nected with the pending divorce pro- ceedings, it was forced into greater pub ncity in connection with the tragedy it. self. So far as any possible connection fed, think, the district attorney and his assistants thoroughly that I had nothing to do with it, and since that time neither has my house nor myself been under suspicion or surveillance. After being out for short time in the early part of that evening spent the rest of 1t at home, as was shown by the evidence of my wife and the serv- ant girl in our house. I think I was soon acquitted both by the public and the authorities with any connection with the crime.
 Tt now becomes incumbent upon me to make some statement relative to my connection with the divorce proceed ings. In this statement wish to say as little as possible of the dead But 1t 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 charges 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 referee and set tied.
 'sThe relations existing between the plaintiff and the defendant had been strainsd for some time Twice he had unjustly 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 con- suited me for legal advice and protec- ton.
 During this time the man himself was in intimate relations with a wo- man whom he desired to marry. For that purpose 1t was necessary to be free from his w.se. He discovered the fact that his wife knew of these rela- tions by gaining access to the safe de- posit vault where she kept her papers through forgery and a written order over her blank signature and purloin- ing the keys from her. Being thus ap- prased of the evidence against him, he determined to anticipate her action by bringing an action himself in order that he might have the appearance of being the injured party, and out of vindictiveness and a desire to injure me as much as possible he made me defendant in the action. His allega- tions were properly denied, and the is- sues 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. Noth- ing more unfortunate could have oc- cured for everybody involved"