The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1903-03-13
Buffalo Authorities Are Pre-
pairing for the Inquest
To Be Held on the Body Of Ed
win l.. Burdick.
6UBPOENAS ARE ISSUED
For All Whose Names Have Ap.
peared in the Case.
Mrs. Seth Paine Quietly Slipped
Out of the City.

Buffalo. NJ " March 13-The fact
that all persons known to be concerned
in The Burdick mystery viii give i'm pub
lic the statement they made before the
district attorney win doubtless make
the proceedings before Justice Arurphv
az the inquest which will begin next
Tuesday most interesting. Another
nove having an important bearing on
the Burdick case was decided upon TODAY
after District Attorney Coaisworth had
conferred with Chief of Detective Gus
ack- The authorities have determined
TO obtain the telegrams that passed be
tween Mrs. Burdick and Mrs. Hull be-
fore the murder of Burdick. The grand
jury is now in session and the district
attorney can conduct John Doe proceed
inss to require the Western Union 10
produce the telegrams. They were sent
on the Monday and Tuesday before the
Thursday of the murder when Mrs.
Burdick. who saw Arthur r. Penneu
near New York telegrap phed to Mrs.
Hull. who replied.
The authorities questioned both Mrs.
Burdick and Mrs. Hull regarding the
contents of these kilograms. Both OF
them gave the same version. They said
the messages were an inquiry and a re-
ply regarding Mrs Huus health. The
Western Union refused to produce the
messages and for that reason these pro-
ceedings were decided upon. The tele-
grams may not be ma teriaI in the case
but the authorities want to see them
The authorities may also try to learn
from both telegraph companies what
telegrans if any. passed between certain
oJher persons for three weeks before
Burdicks death.
a list Of persons to be subpoenaed to
tne inquest was made up today. and
some of the subpoegas We're served
among those Who will be called are
Mrs. -'l. HdEaiek Mrs HUI the servants.
-Aaseie murray and Katie koenie. Dr.
Marcy and Mrs. Paine. The police be
heve the inquest viii result in develou-
ments. Edwin l.. Burdicks viii. which
Us TO- be oItered for probate today cuts
on Mrs. burdick and beQueathes the es-
tate, snare and share alike to the three
children. D. X. Dunstau, A. Is. kellogg
and George c. Miller are named as exc
gutors- clause in the will naming the
tnree executors and guardians for the
children viii likely be contested on the
ground that the appointment is void be-
cause Mrs Burdick is still alive The
claim is that the law nulifes the APP
polntment by WILL of a guardian where
there rs a surviving parent unless both
parents Joined i'm the appointment It
was claimed Mrs. BurdiCk is under the
AH' M AAAF IEA SON 10 ne = udIuIaU. III the
surrogate so holds. then all the execu-
tors can do is to pay Burdick's debts
and turn the remainder of the propertv
over 20 Mrs Burdick as guardian for the
Burdicks estate is worth about sS0.009
consisting of $55.000 in property. real
and personal and $4,000 life insurance
since she IS cut off in the will Mrs
Burdlck viii get only one-third of the
real estate and none of the personal
property.
Mrs. seth It. Paine, who Is one of the
witnesses wanted for the Burdick in
guest. ieft the city last night. Whittier
sHe Went is not definitely known by
tne police, but at a late hour it was
stated positively by a police official
that she had left the city.
A netectlVe sergeant was looking for /
ner WIN a summons to appear before 4
Judge Murphy who win conduct the
Burdlck inquest Saturday. When he
called at the house last night he was
informed that Mrs. Paine was not at
home He was not satisfied with this I
reply and entered the house.
After leaving the Paine home he went /
at once to the New York Central sta
tlon and ne was told by the ticket agent /
that q woman closely answering Mrs /
Faine's description had bought ticket F
tte did not remember for what place I
but he thought fl was for Ratavfa /
Mrs Faines husband is q dentist and I
practices i'm Batavia
letter to her sister. Miss Nellie Lamb. T
of this city written bout week ago. I
Mrs. Arthur p. Pennell of Buffalo. re- /
ferred to her husbands trouble as fol- I
lows.
Il feel sometimes as il I could not /
stand up under the strain. and yet. /
for Arthur's sake. I must. It is harder I
for him than for me even. he is so I
sensitive and has such pride and honor. /
TO think that all this trouble should I
come to MS through our efforts to aid I
others"
The letter was in reply to a COM T
posite letter from several members of +
the Lamb family commending her for /
her bravery and assuring her of their +
unwavering belief in Mr. PepneIls in T
nocence of any connection with the +
death of Edwin l. Burdick.
FUNERAL OF THE Penn ELLIS.
Buffalo. March 13-The remains Of /
Arthur r.. Pennell and his wife the vic /
TINS of Tuesday nights strange fatality +
at Genres quarry. were taken from the /
Undertaking rooms to the Cleveland T
avenue home last evening After fu- {
neral services the bodies viii be taken (
TO Mr. Pencils former home near
close friends and relatives of the family [
ana a committee representing the bar T
assoclation or Erie county viii be per
Inltted to attend the funeral The rela- f
uves of the Pencils desire to leave the (
CRY as quietly as possible and for tRas +
reason the exact time OF the deDartltre /
has not been made public.
Numerous kilograms were received at
the Pennell home TODAY from classmates f
OF Mr Pennen who were with him ia
Y ale. Two of the kilograms are from +
well known professors in two OF the
largest colleges in the east All the feIe-
grams expressed deep sympathy. They
indicate that Arthur r. Fennell was stiG
held i'm high esteem by those Who knew /
him best of all. his former schoOlmates +
Simon F1eischman. chairman of the 4
Erie county bar association today ap@.I