The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1903-04-11
Pencil Investigation Throws
No Light on Burdick Mystery.
Neither Does 1t Determine the
Question Of Suicide.
PENNELL'S STATEMENT
One Prepared Before His Death,
Is Made Public.
Shows Bitter State Of Feeling
Toward Burdick.

Buffalo. ~ ", April 1.-THE evidence
given before Justice Murphy at the in
quest into the deaths of Arthur r. Pen
nell and Mrs Pencil viii not help the
authorities i'm any way to a solution of
the Burdick murder mystery. Whether
the tragedy at Genres stone quarry on
March TO- in which Pennen was killed
and Mrs. FenneH WAS fatally injured
was due TO accident or design, was not
proven.
Thomas Penney, who has acted as at
torney for the Pencil family since Ar
thur Pennells death. declares that, so
far as he was aware, nothing in the
papers left by Mr.. Pencil would throw
any light upon the murder of Edwin
Burdick. When questioned regarding
the alleged defalcations by Pennen,
Mr. Penney declined to answer J.
Frederick Pencil, brother of the dead
lawyer and administrator of his estate,
who has possession of most OF the pa
pers, was out of the city and Mr. Pen
ney informed the court that ne did not
know where he was or when he would
return to Buffalo.
Evidence that will show defalcatiOn
would simply be cumulative" said jus
tice Murphy, after the evidence was all
in. mo stronger motive could be proven
than has already been brought out here.
But proving a motive does not esta blish
suicide The court is prepared TO an
nounce its findings
Judge Murphy then delivered his YER
diet as follows.
Il find and certify: That Arthur r.
Pencil came to his death on the 10th
day Of March, 1903, as a result of in
1urles received while riding in an auto
mobile, the said automobile plunging
from an embankment into the Genres
stone quarry.
That / cannot determine from the
evidence submitted whether such plunge
was accidental or designed.
That Carrie Lamb Pencil came to
her death as a result OF the said plunge
Of the automobile into the quarry
w. G. Omphenus, Pennelrs stenos-
rapher, produced typewriter copy of
the first draft of a statement prepared
for publication by Pencil before his
death The statement in full is as fol-
lows:
ITO the Public Now that the flood
of sensa tionalism and yellow journal
ism has lessened, and that public ex-
citement has died down to a calmer
consideration of the facts and events
leading up to q terrible tragedy which
has recently taken place in this city
] wish. in behalf of others whose sllf-
ferings are even greater than mine, to
make this statement.
Owing to the fact that my name
was SO unfortunately at this time con-
nected with the pending divorce pro-
ceedings, it was forced into great
publicity in connection with the trae-
edy itself So far as any possible con-
nection with that crime was concerned.
satisfied. I think. the district attor-
ney 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 sur
veiilance.
After being out snort time in the
early part of the evening, I spent the
rest of II at home. as was shown bv
the evidence of my wife and the SER
want girl in our house. I think I was
soon acquitted both by the public and
the authorities with any connection
with the crime
TT now becomes incumbent upon me
to make some statement relative to my
connection with the divorce proceed