The sun., 1903-04-11


the Stenosrapher's Cepy--in 10 He
Denies Things That Were Proved at
the Burdick Inquest. and Protests
His Innocence OF the Burdick Murder
Says Burtiick Was Killed by Woman
He Invited TO the House ~ NiGht--Peo-
ncli's Counsel Deny All knowledge
OF PennclI's Alleged Defaieatiens.
BUFFALO, April i0.-Some time In the
civil courts the Burdick and Pennell cases
may again be paraded, but no far rs public
justice is concerned they came 10 their end
to-day. The inquest into the deaths Of
Arthur Reed Pennell and his wife. Carrie
Lamb Pennell. was finished In little moro
than two hours. and Justice Murphy. who
presided, announced his findings without
leaving the bench Of the police court. he
reported that he could not determine from
the evidence whether the plunge into the
quarry at Kensington month ago to-day
was accidental or designed. Possibly the
companies in which Pcnnell was so heavily
insured will try TO settle that question
before a jury.
The inquest was not without results. for
1t produced the first draft Of the statement
on which Pennell labored with 90 much cars
after suspicion Of the murder Of Edwin L.
Burdick was cast upon him. This state
ment was read from a copy made by Pen
nell's stenographer.
Much Of it shows Pennell to be q liar.
proven 80 by the testimony Of the Burdick
inquest, for he makes claims which even
Mrs Burdick whom he loved, did not
support The statement reflects on Bur-
dicks character and declares that he was
killed by a woman he had invited to his
house. Pennell. in writing it. evidently
believed that the second day theory Of the
police would stand forever. whereas there
has never been any proof that Burdick had
woman visitor at night.
Pennell insists, as might have been ex-
pected, that his relations with Mrs. Bur-
dick were platonic and that he acted a. her
legal adviser. His statement that they
never met in the Elliott Square oiiioe has
been denied by Mrs. Burdick.
The completed draft Of this last state
ment was taken from Pennell's Office BY
his brother, j. Fred Pennell, the admins
traitor OF the estate, and could not b put
in evidence because the brother was not
at the inquest There was no material
difference in the draft, the stenographer
said. and Attorney Thomas Penney, who
was In court as witness and - the lawyer
for the estate, did not deny this.
Attorney Penney made the inquiry very
lively. for he lost his temper while COM
batting the course OF the District Attorney
and the Judge, and was all but put out Of
the room. That was while he Wa question
ing Witnesses. and later, whehAAA~a -
the witness chair. he had . passage at arms
with the District Attorney. In which NJ.
Coatsworth. usually considerate Of the
for him 10 be 'S mart Aleck.'
Mr. Coatsworth was not In the best OF
humor with Mr.. Penney. who happens to
have been his predecessor In off1ce. His
cou rse in both inquests has been TO bring
out everything that bore on the Burdick
mystery in any way, and he seemed to feel
that Mr.. Penney was standing more on his
professional dignity than became . good
citizen. Il know you are q great fellow
he said to Penney with frosty scorn. and
Penney was pale with rage.
Possibly the attitude Of the Pennen estate
toward the investigation was indicated by
the remark Of Peter Norton. when the
members Of the law frm Of Norton. PEN
ney 4 Sears entered the court room. Mr..
Norton glanced at the newspaper lien and
remarked:
Penney, II they should ask YOU whom
you Just killed. don't tell them. That
seems to be the latest idea Of evidence IN
this damned court
This was prudently said before Justice
Murphy. who weighs 2+o pounds. entersd
the room
Mr.. Penney fought strenuously for tbs
interests OF his clients. and he did accom-
plish this, that no evidence TO show that
Pennell was a defaulter came out. That
was the point on which J. Fred Penneii
was to be questioned, but Mr.. Pennell
was as far away as Bowdoinham, Ne.
safe from the touch Of a subpoena, and
Justice Murphy appeared TO believe that
the matter was not very material TO the
purpose Of the inquest.
The District Attorney stood ready to
take up the charge that Pennell had been
a swindler, on the ground that il would pro-
vide a motive for suicide. He had been
by the Court 10 conduct the sx-
animation Of all the witnesses, and hs was
ready to wait until Christmas. II need b.
to get out the last word.
Aside from the Pennell stat ement the
inquest developed little that bore on ths
Burdick murder Mr.. Penney swore that
he had no knowledge OF any papers bearing
on the Buraioks or the Burdick case. On
all Cthrr matters OF the estate he claimed
privih &c. Pennen's close friend and lawyer.
Wallace Thayer, swore that he could throw
no light on the murder.
The witnesses to the Pennell tragedy
had stories that have already been told In
THE SUN. and II could not be said. when
oil had been heard. that the Judge could
give verdict other than the ono with which
he closcd the O hbrated case. Tho motive
was there. Justice Murphy said, as he bad
said there was motive for Ponnell to murder
but In this case, as in the other.
opportunity and motive do not constitute
legal tvid,noe.
THE INQUEST BEGUN.
The audionoe In the polioe court vas
almost as large az on the days Of the
Burdick inquiry. District Attorney Coats-
worth arrived at O'Clock. Attorney
Penney took chair near Mr.. CoatswoTth.
He was PFC q mt not only a. q witness, but
as attorney for the Pennell estate. Behind
him sat his law partners, Potter Norton
a a.. arI ina f<.s mir Ia