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

avenoe from the west, 60 south on u hey
avenue Loo feet and IN, nturn 70 hh.
machine % slowly IS he could. Jerger
saw him u,sneuvring for an hour.
Odd you NOTICE :et that time whether
the5op Of the automobile was down or upf
A. Well, I am not 80 well posted Further
o %S:ss ! pay no attention to them wheels
ATTORNEY PENNEY OBJECTS.
Mr.. Penney-Just q moment i object
70 this and other things not relevant to the
The You have no right to make
objection. / want to hear all about 1t. II.
Mr.. Penney-I think have q right. II
your Honor pleases:
The Court-l cont think you have We,
! think that there Is common law right
on the part OF any one TO insist that II there
b . legal proceeding affecting the rights
Of any person II only be Affected by
into the cause Of death Of Arthur r. Pennell
then insist that nothing but legal evidence
~ this time be taken.
The Court Wei, i think that ! under
SS h s0v 70 Sese whslhe1 shs
was suicide or whether II was an accident.
The movements OF this automobile, the
movements OF Mr.. PenDell on that evening.
from the time he left his house until the
time time he went over the brink l want to kn'"
MOVEMENTS or THE AUTOMOBILE.
The Witness--I was standing In front OF
the barn. about quarter past and noticed
this wheel come up along Kensington and
siushisst corner in the city when it rains.
Q. Was II raining at that time' A. II
was pouring down. II wasn't raining; II
vaa pouring That is how know it was
that wheel.
Mr.. Penney-If your Honor please, I
suppose, perhaps, this is something interest
ing, but, according 10 my view, Is anything
but legal proceeding do not see how
The Corht-Is there anything that you
know about this automobile.
The Witness-That Is all. I seen him
move back up Kensington again and stop,
! went about my work at that time. The
last time say him he was up as far as the
railroad track on Kensington avenue. /
couldn't say how far from Bailey avenue,
but II is In good sight. That Is all ] know.
wouldn't know anything about the auto
mobile IL It wasn't for the slushy evening
didn't seS the occupants OF the automo-
bile. They had a rubber cloth drawn up
70 their chin. l saw II was a gentle
and lady. and that IL all know. learned
the next morning that an automobile went
intothe stone quarry. Not before that did
Mr. Penney took the witness In hand
and questioned him sharply for several
minutes. He nagged him as to his reason
Tneo he asked. DO You know the difference
between an automobile and
COURT SHUTS OPT PENNEY.
stop down. cried Justice Murphy to
Jergers Il don't think we shall try case
out here, Mr.. Penney. ] am holding an
inquest, that lie all. am not going TO fight
this case out between attorneys.
Haven't the other part les any rights
hers9' asked Mr.. Penney. who was white
with anger.
Mr.. Penney~Is this proceeding tn 60
on without reference TO the rights OF any
The Court-This proceeding will go on
in he yny sGSordnf Ss to ANYTHING
regular in this whole proceeding
The Court-Well. IL you aren't satisfied
you can leave the room.
Mr. Penney am not going to leave the
The Court--I will exclude you from the
room n you do not behave yourself.
Mr.. Penney-If your Honor wants to e1-
clude me, do II.
The Court-I will do it II you don't behave
NJ. Psnnsy--well. do it; will stand here
just as long as think ! ought to protect
the rights Of these people.
The Court-n they do not conduct them:
selves properly according TO law here l
will exclude the gentlemen, aid II Eecessary,
j will hold this Inquest privately. which the
law gives me the right 10 do
Mr.. Penney-Do it; l think that would
have been very proper thing TO have
done In this whole proceeding
THE COURT CALLS THE MKT WITNESS.
Justice Murphy. ignoring Mr.. Penney,
called the name OF the next witLess.
The whole thing has been irr regular
from the beginning, cried Mr.. Pelhey.
but the Judge was concerted TeIl with tn getting
Mr.. Penney asked permission TO continue
the examination of Jerger.
Permission is refused. said the Justice.
Il just want it On the rec' I'd : Sc id Mr.
Penney. 'te show what is being dC here"
Vtlk, who In a sal, tnkeeper IN Ken
eingttn avenue, said that Pennell, who m
he knew, entered his barr, On at 5:4Oo Gle ok
in the Afternoon Ct the tragedy. b, ught a
auto me bile. On his return he had a drink
James Riley. a boy, told Ct seeing Pennell
step into the auto M bile after leaving
vofks salc,n. Pencil made a remark TO
Mrs. Pencil, and b tn laughed. Arthur
Riley, Jsmes's brother. CT rub rated the
Ges ree d. Campbell, a resident Of Ken
Single venue, said he watched the Pencil
automc bile as Il r. de thrt ugh the rain be-
side streets and he could not mde' stand
why any ne should e abe ut, with no ap-
parent purpc re, In a driving rain.
WITNESS OF THE HORROR.
A third boy, Gee rye Dunbar. was the
principal witness II the horror itself He
I was walking In the street near the quarry
when the auto INC bile came up behind him
and the beI rang.
sJuet as turned around said Dunbar
sthe man was bringing his hand down
as though he grabbed for his hat ! saw
his hand come down, and the machine
swayed 70 the left Lannen and ! ran over
the edge Of the quarry. The machine had
gone over. We saw the woman lying
back Of the machine. Pennell was under
the machine. The top Of his head was
OF and his brains lay few feet away.
LAnnen ran for an ambulance and | stayed
and covered the woman up with laprobe.
The hat wasn't in the quarry until some
ono threw it in from the street, where it
had fallen.
Il heard the woman scream as they
went over. From the time saw the mans
hand move until the time they went over
was 90 quick that ! could hardly count.
The eutppobile did not seem to be going
vary Fast at the time
I,suRAHcH COMPANIES REPRKsENTE
Attorney Maurice c. Spratt asked per-
pnisaop 10 question Dunbar. Mr.. Penney
demaDdsd 70 know whom Mr. Spratt repre-