The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1903-04-08
MOTIVES ARE
INQUIRED INTO
Prosecutor viii Endevor to
Probe Facts.
Ut BURDICK'S DEATH
New Facts of PenneII'S Dual
Life Brought Out.

Buffalo, n. Y. April 7-Wallace Thayer
who was Arthur r. Pencils friend ano
legal adviser in his lifetime, was seen to-
day relative to a published statement
! quoting him as saying there was nc
doubt that the story of misrepresentation
was true and that Pencils brother, J.
Frederick Pennell, had pleaded with him
to destroy the trust papers, repudiated
much that was attributed to him and
made brief statement which embodied
ne SAID, all that he cared to state at the
present time. Mr. Thayer said:
j. Frederick Pencil, brother of A. r.
Pencil, came to me last Friday and told
me Arthur had left large debts to friends
in the east. These debts, he said, were
large enough to practically consume all
the insurance and he advanced that as
reason why / should turn over the
$500 in insurance which A r. Pennell
left in trust with me- He said: Unless
you do this, there will be practically
nothing left for me-
D. T. Fchhel utfnandeQ that should
pay these policies over not to the estate >
said Mr.. Thayer, but to him personally.
] suppose his counsel told him to do it.
1t was one Of the greatest pieces of legal
impertinence that 1 ever heard of. 1t was
an invitation to me to violate the trust
which had been reposed in me-
"Will you turn those policies over to
the Pennell estate?" was asked
Not until the court of appeals orders
me to do So he replied.
Then Mr.. Thayer made this statement:
Il drew the inference from j. F. PEN
nell's statements that his brother must
have made Interpretations of money
There is vast amount of debts against
the estate, some S200,0O and 1 can't see
how he could have got into debt to that
amount unless he spent money belonging
to others"
Thomas Penny, who has been acting as
attorney for Pencils estate, when seen
today, was unwilling to disclose anything
regarding Pencils money transactions
When asked whether the statement re-
garding his relations with Burdick
which Pennell is said to have written
out just prior to his death would be
made public at the inquest Mr.. Penny
said he knew nothing of any such state
ment
District Attorney Coatsworth said today
that he had known of the alleged swind-
ling operations of Pencil for a week
Il was informed" he said that PEN
nell had been inducing his wife's family
and friends in Wayne TO allow him to |
invest their money for them / was |
also informed that he gave them fake |
mortgages on property and kept up the |
interest payments in order to cover up |
his dishonest transactions. ! have not |
investigated the report in detail, but il |
came TO me on such good authority that |
I am satisfied Of its general truth
'.Will you go into the matter of Pen |
nells operations at the inquest" he was I
asked.
In one sense replied the district at
torney. But as 4 general proposition |
his swindling operations have no partic- |
ular connection with the Burdcl1 and /
Pencil inquests. In another sense. L |
shall go into the private affairs of Pen |
nell My policy in the Pencil inquest |
viii be to bring to light every scintilla of |
evidence which viii or may throw light on |
the murder Of Edwin L. Burdick The /
inquest will not be in reality to deter |
mine how Arthur Pencil came to his /
death. 1t is not of any great Importance |
to know whether he committed suicide |
or not but it is OF the utmost Importance
TO discover the murderer of Z. L. Bur-
dick
Buffalo, \. y. April THE inquest in
60 the death of Arthur r. Z .uuen which
is scheduled to begin next Friday before
of a re-opening of the inquiry in the
Burdick murder mystery than to deter
mine whether Pencils death was due to
accident or a deliberate suicide.
District Attorney Coatsworth has an
nounced that he VIII subpoena J. Freder-
ick Pennen. administering of the Penreu
estate and brother Of he dead man;
Thomas Penney, attorney for the estate.
and Wallace Thsyer. who was Pennous
confidential friend and adviser for years.
Il intend at the Pennell inquest 70 Writ
ually reopen the Burdick inquest. Dar-
ing that inquiry ! shall endeavcr. with
the consent of the court. to bring ont as
much information as possible tending 10
clear up the Burdick mystery. believe
that evidence brought on the Pennsll in
quest viii be of value as bearing: on the
|
worth.
Then, you do not corsidas that fhe
Burdick case was closed with the Burdick
inquest?' Mr.. Coatsworth was asked.
BY no means" was the reply. 81
have never considered the Burdiok case
as being closed
DO you consider that the revelations
Just made concerning Pencils alleged
swindles substantiate the verdict in the
Burdick case, pointing to Pennen as the
ml..,,
Yes, it is impossible to arrive at any
other conclusion. I do not consider that
the defalcation has any direct bearing
on the murder Of connects PenneIl in ;
any direct way with the crime II could
hardly be considered as a motive l do
not intend TO talk for publication on the
working of my mind in arriving at the
conclusion that these revelations point .
clearer than ever before To Pencil. but
In my Judgment they do"
Mr.. Coatsworth said that IL would prob
ably not be possible AT the Pennell in
!