Evening star. [volume] (Washington, D.C.) 1854-1972, 1903-03-24

went to a boarding house and thence to
hotel in 59th street. go
asked the district attorney.
Yes" was the reply.
How long did Mr.. Pennell stay In New
York;"
Seven days.
After you went to New York, where did
you go?"
Went to Atlantic City.
Atlantic City. L was In New York sew
eral weeks, leaving for Atlantic City on the
first or second of January"
"Pennell was with you until them
mot with me; he was in New YORK.
WAS Mrs. Pencil there, too?'
Yes"
Did you visit Mrs. Pennell?'
NO"
How often did Pennell visit you?"
Every day."
Did Mrs Pencil know you were there?'
IL think she did.
Mr.. Coatsworth showed the witness
letter written by Mrs. Pennell dated Decem-
Der 30, 1902, to Burdick. In 1t Mrs. Penneil
said she wanted to warn him and pleaded
with him to take Mrs. Burdick home and
not blast the lives OF his children: she toid
him Mrs. Burdick was about to leave New
York for Atlantic City and that he should
call her back before she left.
Another letter written by Mrs. Pennell to
Burdick was read. 1t was another plea
that he drop the divorce proceedings ana
consent to the return of Mrs. Burdick for
the sake of his children, declaring that
they needed a mothers love and care. Mrs.
Pennell urged him to trust his wife once
more. The letter was undated. but evil
IDENTIFY was written about two weeks after
Mrs. Burdick left for Atlantic City
The district attorney here reverted to the
divorce action. Mrs. Burdick said that
Pennell managed everything for her IN re-
lation to ii. She denied that she had en-
gagged the detectives who followed Burdick.
Pennell did all that. Proceeding, Mrs. Bur-
dick said she returned to Buffalo in a week
or ten days from Atlantic City to get the
contents of the box in the safety deposit
vault She did so because Pennell had been
refused access to it. She remained in BUT
falo several days, stopping at hotel. she
saw her husband by appointment.
Wanted to Explain.
II teIephoned to him., she said, land told
him there were some things l wanted to
explain before he went on with the divorce
proceedings / asked him to see me at the
Genessee, and he did. L told him it was
not my fault that the divorce proceedings
We're being held up and delayed, and he
said he understood that"
Then you did not want to defend that
suit?'
II did not know exactly what 1 did want
TO do. 1 left it TO Pencil to decide"
your husband from New York, in which
you said that your going back home would
make no difference, for the reason that
Pennell said you had no defense and the d.
vorce was to be granted by agreement.
Why was the change made with regard to
making defense?'
Mr.. Burdick told me if 1 made no de-
Tense l could have the children half of the
time. so l thought l had better not make
a defense. Afterward L thought l would
make a defense and save my honor"
Your honor?'
Yes, my honor"
AT the time you and Mr.. Pennell decid-
ed to put in no defense, you supposed Pen
nell would get a divorce from his wife?"
Yes"
And it was after Mrs. Pennell had re-
fused to permit Pennen to get a divorce
that YOU decided to defend your suit?
NO. Mrs. Pennen never positively re-
fused or agreed
Didn't Pennen tell you that his wife
would not agree, and did you then decide
to defend the sut?'
mo, he decided that himself"
What was Pennell going to do with you
after you were divorced?''
He said he would go out west and get
divorce from his wife and marry me-"
Concerning a $25, 900 Bond.
Mrs. Burdick declared she did not know
II Pennell had any means of his own al.
though she knew him and his wife for six
or seven years, and had travelled with
them. Pennell had not agreed, she said.
10 give her a bond for $4,000 to support
her through life.
Mr.. Coatsworth showed the witness the
copy of bond for $4,000 given by Pennel
to secure the payment to her of $4,000
The copy was in Mr.. Burdick's handwr1t-
ing;
THAT came from your safe deposit vault
also. didn't it?' asked Mr.. Coatsworth.
II do not know
Don't you know that such a bond was
In that box
II do not"
Isn't it strange that Mr.. Burdick could
find that bond there and you could not?'
Il do not know anything about that. 1
think l can explain how he may have got
into my box. When went to the bank one
day. one of the clerks asked me If my
brother still had the right to open my box.
l told him l had no brother. He then
showed me an order giving my brother the
right to enter that box"
Continuing Mrs. Burdick said she did
not know that Pennell made provision for
the payment Of $4,000 to her. and denied
that he ever paid her that sum. She did
not know whether he had assigned any Of
his life insurance policies over to her. She
did not know that Pennell had made any
provision for her. After her talk with Bur-
dick at the Genessee, and she had gone
back to Atlantic City, she thought she
wrote another letter to Mr.. Burdick in
which she attempted to explain some of
the things that she had gone over with
him at the Genessee. She thought she had
made claim for alimony but she never
applied to the courts for any or for counsel
fees.
Pennell Paid Her Expenses.
While she was in Atlantic City Pennell
never gave her any money, but he paid her
expenses. He went with her from New
York to Atlantic City and stayed there for
week. She met Pennell twice in New
York. the last time on Monday, February
~. She was at the Victoria and he at the
Hoffman House On the following day she
met him in parlor at the Fifth Avenue
by appointment. He wanted her to sign
some papers.
She then returned to Atlantic City On
the way 10 the train they talked about the
divorce proceedings. He told her she need
not worry: that everything was going on all
right and that she had good defense; that
she would get the divorce instead Of her
husband getting IL. He did not say he had
had recent meeting with Burdick. PEN
nell was to return to Buffalo that night.
Didn't he love you just as much then as
eyer?'
'-Ies. he did
Did you receive any communication from
him prior to your husband death. and af-
ter you left for Atlantic City,"
II did not"