The Savannah morning news., 1903-04-11

insisted that it was in the center of
the street. The most significant fea-
ture of the testimony of Dunbar was
that Pencil rang his gong to warn
him before the vehicle plunged into the
quarry.
William Lannon, who was with Dun
bar at the time of the accident, told
a similar story.
Thomas Penny, Pennelrs counsel,
had little information of Importance
that he cared to make public. He
thought he first went to Pennell's
house on the morning of March Il.
with Frederick Pennell. From the
house they went to Pennelrs office.
did you examine any papers in
Pencils office?"
II did not
Did Fred Pennen?"
81 don't think So"
did the clerk, Mr.. Omphelus
81 do not know that he did. Some
boxes were taken out of a safe and put
in the bank"
NauRht Bearing on the Murder.
Mr.. Penny then stated that he was
willing to tell anything that had any
bearing on the Burdick murder, but he
would insist on exercising his privi-
lege as attorney for the estate of re-
fusing to answer any questions rela-
| Tive W Tie SSldlG vi IllC ell
nell papers bearing on the estate.
Mr.. Penny cannot be made to tes-
tify about these things" said the
court.
DO you know anything about Pen
| nells financial affairs at the time of
| his death?"
IT do not
do you know whether he owed any
considerable amount of money at the
time of his death?"
Il decline to answer"
What do you know about the story
that Pencil was a defaulter?"
II decline to answer. 1 am willing
to state that Pencils papers refer
in no way to the Burdick case. There
is no reference in any of them to
Mrs. Burdick or to the detectives"
Wallace Thayer, who had been
Pennell's attorney before his death,
made a statement on the stand, say
ing:
II will state that in none of Mr..
Pencils communications to me and
in none of his papers was there any
thing bearing on the Burdick murder
or the death of Mr.. Pencil. Pennell
left with me a sealed envelope of in
structions and two insurance policies
for $4,000 which 1 was to hold in
trust. 1 was instructed not to open
the sealed package until the insur-
ance money was paid over to me, and
then was not to make public the
name of the person or persons for
whom held the insurance in trust or
make known their names to anybody
aside from the beneficiary or benefia-
Charles. Now, that is all 1 care to
state"
PenneIIs own Statement.
Wallace G. Omphelius, who was Pen
nelPs clerk, was called to the stand.
Mr.. Pennell, he said, got out a state
ment for publication, but took the man
uscript to make some corrections, and
the witness did not see it again. He
said Frederick Pennell found the re-
vised copy of the statement. He him.
self had a copy of the original state
ment as transcribed from his steno-
graphic notes.
Mr. Coatsworth read 1t. 1t was pre-
pared on the Saturday following the
murder, and was addressed to the pub
lie. In the statement Pennell stated
that he had satisfied the district at
torney and the police that he had had
nothing to do with the Burdick muir
der.
With reference to his connection with
the divorce proceeding, he said the liv
ing have their lives to live and have
greater rights than the dead. He de-
clared that there was no truth in the
charges brought against Mrs. BurdicG
or himself in the complaint. He de-
clared that there was no reason why
she should have been driven from home
by Burdick; that Burdick had been
intimate with woman whom he in
tended to marry, and that 1t was not
until he learned that Mrs. Burdick was
to sue him for divorce that he sued
for divorce himself. Pennell declared
that Burdick learned of his wife's in
tention to sue for divorce when he Sc
cured her papers from the safe deposit
vault, by forging an order on the de-
post company.
said a Woman Killed Him.
Penriell declared Burdick was killed
by an unknown woman whom he had
invited to his house at midnight.
Witness Omphelius stated that Pen
nell had two revolvers in his office.
The witness now had them at home.
Pennell had one up to the day follow
ing the murder of Burdick and then
he got another.
Mr.. Coatsworth then inquired
whether j. Frederick Pennell would
be in town. He said he wanted to in
uuire of Mr.. Pennell about the alleged
defalcations of his brother and also as
to whether he possessed any papers
showing that he committed suicide.
II thought the district attorney did
not intend to go into these matters"
said Mr.. Penney.
THE court has instructed me to go
into those matters said Mr. Coats
worth.
Judge Murphy said it might not be
important whether Pennell was a de-
faulter or not.
"I don't believe any greater motive
can be established than has been
brought out here" he said. He then
rendered his verdict and the inquest
was declared closed.
The story of Pennen.
The statement prepared by Pencil
before his death is, in part, as follows:
lowing to the fact my name was so
unfortunately at this time connected
with the pending divorce proceedings
Il was forced into great publicity in
connection with the tragedy itself. So
far as any possible connection with
that crime was concerned, l satisfied,
/ think, the district attorney and his
assistants thoroughly that 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 a short time