The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1903-04-08
BURDICK MYSTERY IS
TO BE OPENED
AGAIN
This Will Be the Effect of the
Pennell Inquest-District
Attorney Talks of the
Points He Will Endeavor
to Bring Out.

INTO the death of Arthur r. Pencil,
which is scheduled to begin Friday be-
fore Judge Murphy, will be more in
the nature of a reopening of the in
uuiry into the Burdick murder mys
Terry than to determine whether Pen
aell's death was due to accident or
deliberate suicide.
District Attorney Coatsworth has
announced that he will subpoena j.
Frederick Pencil, administrator of the
Pencil estate and brother of the dead
man; Thomas Penney, attorney for the
estate, and Wallace Thayer, who was
PennelPs confidential friend and ad-
visor for years
Il intend at the Pencil inquest to
virtually reopen the Burdick inquest.
During that inquiry 1 shall endeavor
to bring out as much information as
possible tending to clear up the Bur-
dick mystery. 1 believe that the evil
dence brought out on the Pencil in
quest will be of value as bearing on
the murder" said District Attorney
Coatsworth. IF the court permits me
I shall place Mr.. Pencil, the admin
istrator, on the stand and demand Of
him that he produce the dead mans
papers. I shall examine Mr.. Penney
information he may possess bearing
on the Burdick case.
Thayer May Do as He PIeases.
"Mr. Thayer, who was Mr.. Pencils
attorney prior to his death, may be
privileged under the law to withhold
Information. 1t will rest with him as
to whether he will consent to divulge
what he may know. He undoubtedly
Dught to be in possession of consid-
arable information"
Then do you consider that the
Burdick case was closed with the Bur-
dick inquest?" Mr.. Coatsworth was
asked.
by no means" was the reply. II
have never considered the Burdick
case as being closed
do you consider that the revela
tions Just made concerning PennelPs
alleged swindIes substantiate the YER
Pencil as the murderer?
Yes. 1t is impossible to arrive at
any other conclusion. l do not con-
slider that the defalcation has any di-
rect bearing on the murder or con-
meets Pencil in any direct way with
the crime. 1t could hardly be consid-
cred a motive. There always has been
a deal of talk that Pencil did not
have the nerve to commit the murder.
The swlndles which he is said to have
carried on for years show that the
man was of larger caliber than he
had credit for being. 1t required lot
of intelligence and thought to per-
petrate any such extensive swindles
and carry them on successfully for
years.
PenneII Was Shrewd.
ut is not every man who can live
double life, as Pencil did, and keep
his true character concealed from his
most intimate friends for so long.
Pencil always conducted himself as a
gentleman. He moved in good society,
met his friends in society and in bust
ness, maintained a good front and
never in any way, by public act or
deed, justified the suspicion that he
had nerve enough to commit great
crimes"
Mr.. Coatsworth said that it would
probably not be possible at the Pen
nell inquest to bring out the story of
Pennelrs alleged defalcations.
1T could hardly be claimed that they
have any material bearing on the
case" said Mr.. Coatsworth. ut is pos
sibe the story of Pencils dishonesty
will never be made known in an Off
cial way"
There is apt to be a bitter fight at
the Pencil inquest over the authority
of the court to compel the admins
traitor and his attorney to testify and
produce the dead mans papers, 1t is
asserted on one side that the inquest
is for the exclusive purpose of estab
fishing the cause of death and prove
crime if there was one. 1t is said
that the court will have no right to
inquire into the financial affairs of
Pencil or take testimony bearing on
the Burdick murder
PenneII's Denial.
The long statement written by Arthur
r. Pencil on the day before his death
will be produced at the inquest In it
Pennell declared that he had no hand
in the murder of Edwin L. Burdick:
that an unknown woman was in Bur.
dicks den on the night of Feb 26 and
that Burdfck was murdered by that
woman.
The Equitable Life Insurance COM
pany, which issued 100000 policies on
the life of Pencil, announced this aft
ernoon that the insurance would not
be paid until after the Pennen inquest,
and that it might not be paid then.
The company paid $4,000 of the $780,
600 to the estate. The $4,000 which
1t now refuses to pay was taken out
within year, and therefore comes,
under the one-year suicide clause.
1t IS likely that Mrs. Burdick will be
forced to make a hard fight before she
secures that $4,000 life Insurance.
which Pencil arranged to have paid
TO Wallace Thayer, in trust for her It
is claimed that the trust is not valid
Tor the reason that no bond or o+I,or