The sun. [volume] (New York [N.Y.]) 1833-1916, 1903-04-11

house until J. Fred Pennell bad arrived
here. He visited Pennf lls. office on the
mornins sr the asd ,sd aSane 70
lock the door. He Instructed the police,
man not to allow any one TO enter until
J. F. Rnnl Il arrived. In the .fte moon
he met the p nm, LIS and the Limbs at the
ralrosd station and took them TO S,t ths s s,s.
dying, H. swore that he did not 60 to
Psnns Us home until twenty-four hours
after the d, 4th, and his mission was to see
the dead msn's brother and mother; he
deni d that j. Pencil talksd to him OF
any. The h niiy was talking Of the 'aoci;
dent he sid, not Of busint g. BE and
j. F. Rnne II th.n went to A. T. Pennsus
Office. whtre the clerk. Mr.. OmphAlus'
WI awaiting thrm.
Mr.. P.nnt and the District Attorney. and
tn ir db logus was mors bitter thnn the
print4 words would denote. Mr.. Coats-
worth tri.d TO pin Mr.. Penney down In the
matter Of finding papers.
SCRAPS WITH THE DISTRICT ATTORNEY.
Q. / ask you II that night, March II. vas
the first tim. you. had bear to Punnt ne
oflcr, .xc pting tn. morning VIII you
w mt tn n and found q polio man on guardF
A. Now do you M an during that dayf
Q. Any time. A. I have been In that
ofiico gn At many times, but not on That
Q, Had you bern thcre before, that day'
Q. Not on that day. 4. Wen, that Is the
snsw',r to your qu stion. for It isn't your
1T isn't ncc.ssary for you to BE- smart
ing tbs witnf -.
M. Penn VI am not . smart Aleo,
Mr.. Coatsworth. and don't int nd to b..
If you put your utstions properly l VIII
Thu District Attorney-An thcse ques-.
tons ar put to you In the proper way and
Mr.. Penney-Well, you aren't a. COM
petent to Judge Of the propriety as some
81 ne i District District, Attoney-I suppose you re-
Mr.. Penney-No use getting into trouble
about this, Mr.. Coatsworth. am not
going to set myself up against you-too
smart. you know. ! can't compete with
you.
The District Attorney-well. I know
you're a great fellow this with rare sar-
casml.
The Court--Never mind; 60 ahead.
PAPRRs IN PENNBLL's sAYE.
@. Did you examine the contents Of
Arthur Pennell's safe on the night Of March
4
A. examined some things. don't know
that | examined the contents OF his safe.
q, Did you see any papers there In his
safe that night' A l didn't 90 into his
safe.
n, 9; Who ,S Spssned the 'afe' A. Mr.. om-
Q, At whose request1 A. presume both
Of US. l don't know.
Q, Did you take any papers out Of that
safer A. don't remember.
~ I'll ~
hss s Ds any sont r.Sa p sas out
O., Did you see anything taken out Of
any iron boxes that night In Pencils officef
A. saw some things taken out and put back.
Q. Did you see any papers taken out OF
any of the iron boxes IN his officer A.
saw some taken out and put back.
q. Did you examine any papers that were
contained In those iron boxes? A. did
a number Of them.
Q. Did you find any envelopes in those
iron boxes?
PENNEY REFUSES TO ANSWER.
M Penney could stand no more. 1t
seemed He wheeled toward the Judge
Now, II your Honor please. ] am going
to make statement h, ~ and II may save
lot OF questioning: am attorney for MIR.
Pennell as administrator for the heirs,
Pencils estate. Now IL this counsel
proposes to ask me anything relative to
Mr. Pencils business or his papers, or
anything affecting that which came to me
in my capacity as attorney. l am going TO
decline to answer. ! am perfectly willing
to make a statement-under the instruction
of my client. waving my rights-as to any
thing that may affect the Burdick murder
case, anything referred to In the subpoena,
but anything beyond ! must decline to
answer
.well you are privileged. l suppose. to
refuse to answer said the Court
HAD FRED PENHFLL THE BI0Hr TO OPEN
PAPERS?
Mr.. Coatsworth turned his questions
10 the legal right OF j. F. Pencil to open
Arthur Pennell's papers before letters
test amentary were issued
o. You knew, didn't you, at that time,
that j. Fred Pennell could not take letters
testamentary out Of that estate. did you
not, inasmuch as Pennell had died before
his wife? A. don't know what you are
talking about:
Mr. Penny turning to the Courtl-If
your Honor please. am entitled TO proper
courtesy here.
Mr.. Coatsworth-I am going to give you
Just the same as you give me. Al the time
that you went down to Pennell's Office and
examined those papers, Fred Pennell was
not entitled TO letters Of administration
upon Arthur R. Pencils estate, was hei
A. He was.
o. In the first instance3 A. He and his
mother were entitled at that time.
O. Was he entitled to administration Of
his mother at that time.
Mr. Norton-f your Honor please, am
counsel in this case and I object to that
question. ! do not understand this Ia an
Appellate Division. That is pure question
Of law II Mr.. Coastworth doesn't know
the answer to 1t don't think we do
The Court-Upon the question Of privilege
II is perfectly right to determine whether
or not Mr. Penney was acting as attorney
for the estate at that time.
The Witness-1f your Honor. please,
was attorney for Mrs. Pennen, Tor Fred
Pennell and for the Lambs and everybody
Interested in II.
Mr.. Norton-The only person, ! under
stand. he was not retained by was Mr..
Thayer.
The Witness-Yes.
Mr.. Norton-You were not retained by
him9
The witnese-Oh. no; didn't know that
he was interested In the estate at that time.
The Court-Well. II Mr.. Penney claims
privilege on any Of these questions I am
going to sustain him.
POUND NOTHING RELATING TO BuRDiCK.
The Witness your Honor please,
have stated that I am perfectly willing to
state-as understand my clients are willing
that I should-that on the examination OF
these papers found nothing which In any
way related to Mr.. Burdiok, Mrs. Burdick,
49, a