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

his beins dsfaulterf A. I don't UNDER
The Court-well, II has been generally
talked and .heraided through. the news
papers that some Of the family or some
one interested In the estate Of Pennen nes
given II out that Inc was O. defaulter. a.
probably give you the information. do1t
know anything about 1t.
Mr.. Characterization didn't give out that
information to the NJ wspapc rs, Mr.; r. nn,yI
A. Their = the man that wrote IL lpointlng
to rporterl. Put him on the stand ana
Mr.. Coatsworth--I didn't ask you about
that man. I am asking you. Mr.. n nney-
did not give II out, sir. There . tho man
that wrote 1t. Now ssk him who gave "
O. Do you know Of any paper bring left
owed anybody any particular amount OF
money?
The Court-He declines to answer those
questions. Mr.. Coatsworth.
NEVER SAW THl $50 900 BOND.
Q. Do you know Of Arthur X. Pencil
having OK cut bond IN the sum OF
$4,000 to Mrs. Burdickf A. Never hoard Of
It exc pit as saw II printed In the paper. :,
Q. And you have n vtr sctn the original
Of that bond? A. II never he ard OF 1t
couldn't hav" son Il.
your logic, sir. at all.
Mr.. p mn y-It IL unne cessary TO answer
say I never hoard Of Il.
Mr.. Coatsworth-I am not asking for
your judgment. l am asking for your
The witnees-I decline to answer further.
II your Honor please. I never heard OF It
or saw il.
Q. Have you had conference with Mr.
Wallace Thayer about Pennells matter
Q. Did you send Fred Pennell to zee Mr..
Thayer about Arthur Pencils ahairs3
Q. You knew OF him being there to see
Mr.. Thayer. did you noti a; I only know
NEVER SAW PENNBLL's STATEMENT
Q. Did you know Of any statement that
was prepared BY Mr.. Pennell for the press
regarding this Burdick affair? A. All l
know Of that lie what l have seen In the
You have not eeen the original Of that
statement A. Well, II my first statement
is true IL seems to me
Mr.. Coatsworth-I am not asking for
The Wtnees-I never saw nor knew Of
anything about that statement except what
has been printed In the papers.
any one living outside Of this city claiming
that Arthur r Pennell owed them any
money at the time Of his deathf A. have
not, sir.
o Has any one been to zee you claiming
A. There has not. sir. except a plumbing
bill down here at Irlbacker d Davis's.
think they sent me q bill for bathroom,
and think the Electric Machine Company
sent me bin for fixing up the automobile.
well, now, that's clever way to answer .,ST
appeared satisfied that Mr.. Penney was
tanned, and let him leave the sstand.
WALLACE rHAyER MAKES A STATEMENT.
Wallace Thayer. who was Pencils CON-
fdant and lawyer. was well prepared
witness He said:
THE District Attorney has permitted
me to make a short statement OF fact, so
that the examination may be curtailed
All communications between Arthur X
Pencil and myself, from the beginning of
the month Of December to the time OF his
death, were professional communicat tons
! stood in the relation OF attorney and client
with him and with Mrs. Alice Burdick.
In the course ofthose communications and in
all that | learned in connection with the
affairs Of these two people, learned nothing
that In any way related to the question of
Mr. Burdick's murder or to the question OF
or suicide. He never told me he intended
TO commit suicide; | never thought he in
tended to commit suicide. He lett with
me certain written and oral Instructions,
under my promise NOT 10 disclose the nature
of those Instructions to any one, not TO
open the sealed packet until after the col
lection OF sos 900 of insurance, and then
TO disclose only to the beneficiary or bel,e-
ficiaries or obligees to whom l should fad
the moneys payable. He lett with me but
L.t ~. latt Il
sure. on the date Of the assignment OF the
first policy. June 4. 1902. think there Is
nothing else l deem myself at liberty to
state"
o. You do not know the contents OF this
sealed packet? A. ] do not.
O. You do not know at this time, then.
whether there is any reference there to
Mr.. Burdick or to Mrs. Burdick? A. do
not.
O. Has any one been to you to get you
70 collect any claims against the Pennell
estate3 A. No, sir.
PENCILS CLERK CALLED.
Wallace @. Onphalus, the clerk in PEN
nells Office, said he talked with Pennell on
the Saturday following the murder. Pen
nell dictated about twenty letters TO friends
In as many cities, assuring them that he was
innocent, and afterward dictated the first
draft of the document which has been re-
ferred to as Pencils last statement.
Omphalius said that this statement was
found in the Office by j. Fred Pennell. He
told the District Attorney that he had kept
q copy OF the first draft.
The court took a recess while the witness
ran to his Office and got the statement,
When he returned Mr.. Coatsworth offered
the draft as evidence. saying 1t should BIO
accepted for the reason that j. Fred PEN
nell, who had the revised statement. was
not in court and could not be reached. The
draft ws- admitted and MIR. Coatsworth read
1t. as follows;
PENN ELLIS STATEMENT.
ITO THE PUBLIC Now that the flood OF
eensati onalism and yellow journalism has
leseened and that public excitement has
died down to a calmer consideration OF the
facts and events leading up 70 a terrible
tragedy which has recently taken place in
this city, / wish, In behalf OF myself, but
especially more in behalf Of others whose
suiIerings are even greater than mine, to
make this statement:
sowing TO the fact that my name was
DO unfortunately at this time connected
with the pending divorce proceedings. il
was forced into local publicity in connection
with the tragedy itself So far as any
possible connection with that crime was
concerned / satisfied. think. the District
Attorney and his assistants thoroughly
that had nothing TO do with II, and since
that time neither has my house or myself
been under suspicion or surveillance. After
being out for short time in the early part
Of that evening / spent the rest OF Il at