The Savannah morning news., 1903-04-11
JUST AS 1T BEGAN
,xorEsT INTO DEATH OF THE
PENNELLS CLOSED.
THERE WAS NOTHING PROVEN
Nh SHOW WHETHER 1T WAS AC-
CIDENT OR DESIGN.

verdict in the PenneII Inquest Will
Not Help the Authorities in Any
way to Ascertain who Murdered
1urdick-Evidence Given by Those
who Last Saw the Pencils in Life.
Little More Than That 1t Was an
automobile Accident Decided.
PenneIIs Statement.
Buffalo, April 10.-The evidence given
to-day at the inquest into the death Of
Arthur r. Pennell and Mrs. Pencil,
before Justice Murphy, will not help
tho authorities in any way to a solu-
+ion of the Burdick murder mystery.
Whether the tragedy at Genres stone
quarry on March 10, in which Pennell
was killed and Mrs. Pencil was fatal
" injured, was due to accident or de-
sign was not proven.
Thomas Penney, who has acted as at
torney for the Pennell family since Ar
thur Pencils death, declared that so
far as he was aware, nothing in the
napers left by Mr.. Pennell would throw
any light upon the murder of Edwin
L. Burdick. When questioned regard
ing the alleged defalcations by PEN
nell. Mr.. Penney declined to answer.
]. Frederick Pencil, brother of the
dead lawyer and administrator of his
estate, who has possession of most of
the papers, was out of the city, and
Mr.. Penney informed the court that he
did not know where he was or when
he would return to Buffalo
Evidence that would show defalca-
ton would simply be cumulative" said
Justice Murphy, after the evidence was
all in. mo stronger motive could be
proven then has already been brought
out here. But proving a motive does
not establish suicide. The court is
prepared to announce it's findings"
Judge Murphy then delivered his YER
dict as follows:
II find and certify that Arthur r.
Pennell came to his death on the 10th
day of March, 1903, as a result of in
jures received while riding in an au-
tomobile, the said automobile plung-
Genres stone quarry.
That 1 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 said automobile into the quarry"
Evidence Brought Forth.
DR.. E. G. Dancer, the medical exam
liner, described his visit to the quar-
ry, where he viewed the body of Pen
nell. In reply to Attorney Penny, he
said he did not observe how close the
curb was at that point. There was
nothing between the bank and the curb
to prevent vehicle from going over
the cliff.
Frank Jerger, who saw the automo-
bile on the afternoon of the tragedy,
described the movements of the We
hiele Attorney Penny objected to the
testimony as irrelevant, whereupon
Judge Murphy declared that Mr.. Pen
ney had no right to object.
Mr.. Penney attempted to cross-ques-
ton the witness concerning the time,
trying thereby to show that Jerger was
guessing at it. Judge Murphy again
lnterposed, and heated colloquy he
tween the justice and Attorney Pen
ney ensued. The attorney declared that
the proceeding had been irregular all
the way through. The dispute ended
with threat from the judge to eject
Mr.. Penney.
George Volk, saloonkeeper on Kens-
ington avenue, testified to Pencils
having bought drink of whisky and
a cigar at his place at o'clock on that
evening.
James Reilly, a boy, saw Pencils
automobile stop in front of Volk's sa-
loon. Mrs. Pencil was inside the car
rlage. He saw Pennell come out of
the saloon and get into the automo-
bile
Just before he got in he said some
thlng, and he and Mrs. Pennell laugh
ed, said the witness. Pennell put the
top down until he got in, and then put
1t up again, rang the gong and started
away.
Rang Gong in Warning.
George Dunbar testified to hearing
the gong of an automobile on the even
ing of March 10. He turned and saw
Pennell with his hand up to his head,
as II he were reaching for his hat,
which seemingly had blown off. AS
his hand came down, the automobile
swayed and went over the bank.
Attorney Maurice Spratt, represent
ing life insurance company, endeav-
ored to ascertain from the witness if
the automobile was not on one side