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

action His allegations were properly do
MED and the Issues. would have been
the hands Of some unknown woman whom
he had invited to his house at midnight.
Nothing more unfortunate could have
occurred for everybody involved. as the
entire matter necessarily became public,
and II the truth i, could have appeared. the
truth and yellow journalism are at opposite
poles, and consequently a mass Of lies,
fiction and imagination was published which
had no possible basis In fact, but for the
sake OF those most concerned some OF those
Misrepresentation must be taken up and
met;
was alleged to have maintained In the Eli
colt Square. That Office was leased and
furnished by me under an arrangement
with another man, whose name can be given,
to enable him TO do a collection business.
Shortly after that arrangement was made.
he received an offer OF q salaried position
in another. city. which he desired to accept:
! arranged, therefore. to release him. and
no business was ever done In the ONCE,
nor was 1t ever used as a meeting place In
any manner 90 falsely and unjustly indi-
Gated.
.Second-In reference to the alleged
statements Of New York detective agency
whose main business seems to have been
to give their clients to the public, desire
to say that without knowing what arrange
ments were made with them by any person,
any statements on the part Of such agency
tending TO reflect In any way upon myself
fedly false and have no base In fact. They
are made upon those unfounded statements
OF the class Of spies which have become
OF such q doubtful value that even in the
courts II Is now almost universally held
that the presumption is against the credit.
i'd .tr Itrx af Ii
vorce action, It became necessary for me
to consult with the defendant In reference
to the course to pursue. For that purpose.
IL was necessary that a meeting should
take place here, New York or Atlantic City.
but In such cases. as can be absolutely
proven. those meetings were in such places
and circumstances as to absolutely mega
tive any other idea than the purpose OF
transacting the affairs relative to the d.
vorce action.
-Finally-It may be said that the crime
is as great mys'er TO the wri er as to any
one. That the terrible notori. ty and pub
licity has been brought upon people, more
especially women. who have entirely I'M
deserved it, and great wrong has been done
all concerned. especially to the family
we must thank the spirit Of yellow Journal
ism, which does not hesitate to violate
every principle Of truth, honor. chivalry,
justice and sanctity IN those efforts to make
news and sell papers which make that style
Of journal one NJ the eickening things OF
modern civiliz Ton"
TWO REvoLvEBs IN PFNNELLs DESK.
Mr. Omphalius could not remember what
changes Pennell made In the draft. They
were not material, however He said that
Pennell always kept a revolver in his desk
and that he found two there after Pennells
the revolver bought by Pennell the morn
ing after Burdck was killed. Omphalius
was the last witness.
j. Fred Pennell being absent, Justice
Murphy said he would have been
aus abos Ss
Mr.. Penney-I understood from the
printed statements in the press that the
counsel was not interested In that. The
only issue here was to find out anything
relative to the Burdick case. II that is
the desire Of the counsel, l have stated all
that can he stated by anybody in reference
TO the papers. l know as much about
that as Mr.. Pennell does. II this state
ment is the thing that is desired. under
stand from the testimony OF the witness
that that is substantially the same that
the changes are immaterial.
DID PENSELL COMMIT suIcrpE7
Mr.. Coatsworth-It. OF course. Is for the
Court to decide ~ to the relevancy of the
questions that might be asked OF Mr.. PEN
nell which might touch upon these alleged
defalcations on the part OF Mr.. Penne'l
that we have heard so much about, and
which would have a material bearing upon
the question in this inquest as to whether
Mr.. Pennell committed suicide or not. 1t
seems to me that II is most material.
Mr.. Penney-The counsel has been quoted
whether correctly or not-that he didn't
care TO go into that question.
MIR. Co tsworth-Sn.c that time M We
ben n our ST. by his Honor Judge Muir
ply to conduct this min ltion. anu II
h. tn, r. for b IN incumb' mt upon m
TO 20 IT in by thu K mins ton Of witne SIS s
wh.thtr or not this was suicide or acci-
d. mt.
The Court-Ths gus stion here IL that,
9 ssuming thet he w. d. IA ulsr, would
tn prove that he commit suicid
Mr.. Coatsworth-It would form mo-
Mr.. Pnney-Supposing he did commit
suicide, VIII public inter st would be
subs nv by showingit IN Il is not crime.
The Court-No; simply it is the duty
Mr.. PnIey-K there was any public in
ter st at str X II tn. r. Is no public int. st.
what Is the right to take up the tins Of the
Court?
Mr.. Coatsworh-Ther may be- those,
Mr., p m y. who m y b. int II sted in know
ing how Mrs. p, NM II c. me to h d. ath-
VIII thar she WIZ tax ovrr the re by her
husbh nd una ware by accident, or wheth.r
che WIS tx n owr thee d, lib, rat ly.
h.r husba nd int, nding to kill her at the
same time he kills hims II, II he did so.
THE COURTS FINDINGS.
The Court-I don't believe that any
greater motive could be established than
has already. in my mind, after having
gone through the Burdick inquiry; and,
although have considered that there was
a motive, a very strong motive, the fact
that he was defaulter would he simply
cumulative to my mind. While there was
such a motive, can't say from the evil
dence that he committed suicide.
Il certify and flnd," continued Justice
Murphy. that Arthur r. Pennel came to
his death from a crushed skull on the 10th
day Of March, 1908. the result Of injuries
received while riding In an automobile.
said automobile iunRing from the en-
bankrnent into the Genres stone quarry;
that cannot determine from the evidence
whether such plunge was accidental or
designed.
Il certify and flnd that Carrie L. Pennell
came TO her death on the 18th day OF March
1908, from shock. duo to injuries while
riding in the sane automobile. That 10 the
finding Of the Court"
And 30, at S:i6 o'clock. II was all over.
EAST CHICAGO CO.'S PURCHASE.