The Montgomery advertiser., 1903-03-18
PARKE THINKS PENNELL
 CAUSED BURDICK'S MURDER

that Pennell had agreed to leave the
 city. Once before Pennell had promised
 to leave home, but had not done so. MT. | Burdick never asked the witness to fix up | an appointment with Pennell. Mrs. l Paine said she met Burdck down town
 several times by appointment but did not
 remember what they talked about or why | the appointments were made.
 When was the last time you had a con- | versation with him?" | "Over the phone?' "les"
 "On the day of his death" | What did you say to him?" | T told him I had not seen Mir. Pennell and did not know whether he was going | to attend the Elmwood dance or not. He f said that if the Pennells were not going I to be there. he might go He Tanted to know if l was going. I told him l had a | cold and would not so. The night | previously he called me up and asked me l if could find out whether the Pencils were in the city and let him know the l following morning. mat is why tele- phoned him the next nornng." Burdick Called on Her. Burdick had called on her several times | while MT. Warren of Cleveland was there and had taken them to the theatre and, she thought, to the dancing cit tb. When he was talking to you at Main and Summer Streets, did ne tell you that | Mrs. Warren was. getting divorce from | her husband?"
 Yes: sir"
 "Burdick thought good deal of Mrs. Warren didn't hep Yes; he admired her very much.'
 Did he say there was any arrangement by which he and Mrs. Warren were to be iad Qha No; sir"
 Mrs. Paine said she was at home on the night of the murder. Her boarder Miss Cunningham, had visitor who re- mained until quite late. She rcad until 9:30 o'clock and then went to he'd. She did not see Miss Cunningham CT her friend again that night. She had no com pany that night and did not leave the house.
 Did you have any telephonic communi- cation with MT. Burdick that night?' No, sir
 The night he was murdered?"
 No. sir; received a message by phone from Dr. Paine.' "Is Miss Cunningham here now?' Miss Cunningham Gone.
 NO; I understand she is out of the city,
 Do you know where she is?' 'I do not know.". Witness was at Pennelrs house about two weeks ago and had a talk with Mrs. Pennell.
 Did Mrs. Pennell say she was going to get divorce from Pennell?'
 No: she said she had heard the story that she was getting divorce but she said she had no intention of doing any thing of the kind. She said she had spoken to Burdick about taking his wife back. Before that Burdick had told her that Mrs. PennelI wanted him to take Mrs. Burdick back. She said that Mrs. Pennell had caused all the trouble in the first place. and that 1t was too late for her to intercede.'' 'I believe 1t was Mrs Pennell who first told Burdick about MT. Pennell and Mrs. Burdick." declared Mrs. Paine.
 Mrs. Pennell had never told witness that Fennell had threatened to do Bur dick harm, and witness had never heard of Pennell threatening harm to Burdick. She did not know whether Pennell was a quick tempered man.
 Lawyer Huhbel asked Mrs. Paine if she knew of Burdicks carrying a weap- on. She did not, although Burdick had told her he had been followed.
 Did he ever express his feelings to- ward Pennell."
 He said he would forgive Pennen for all that he had done if he would only marry Mrs. Burdick. He said he would permit her to have the children six months of the year."
 Did he ever say anything about mur- dering Pennell?"
 take care of my children if had a mur- der on my hands?'
 c. s. Parke Testifies.
 Charles S. Parke, Burdicks business partner, who had been associated in business with him for fourteen years. and had known him for eighteen years, made some important statements on the stand. He occasionally visited, he said. at Burdick's home. About year ago, he saw Arthur R. Pennell at Burdick's of- flee. At one time, Pennell was Burdlcks lawyer. Burdick told MT. Parke about the trouble with his wife about Christ mas time. MT. Burdick told him he did not blame Mrs Burdick so much as he did Pennell. He said he had shown him every consideration, and that PenneIl had promised to get out of town, but he had not done so He said he had lost patience and the divorce suit was to 20 on.
 Then the man who made all the trouble was PenneIl?"
 ''Yes,
 Gn- nell?"
 He said he had been warned to look out for Pennell. but he believed PennelI was a physical coward, and he had no fear of him. He said he carried a revolv- CT when he went out of town, just as a matter of precaution."
 Burdick had a conference with Pennell in lawyers office about the proceedings.
 Did he tell you anything that Pennell said at that conference?'
 He said PenneH had threatened to commit suicide if the suit was not stop- ped. He threatened to kill both himself and Mrs. Burdick if the divorce proceed ings were continued. Burdick told me he thought the threat was a bluff"
 Did Burdick tell you that Mrs. Pen nell had tried to have him withdraw the suit?"
 Wanted Case Dropped.
 He said both MT. and Mrs. Pennell had pleaded for him to drop It."
 What was the purpose of that con ference you spoke
 T understood it was held for the pur- pose of reaching a peaceful settlement of their troubles. But it was fruitless; Bur dick said he made no concessions"
 What was Mir. Burdlcks mental con dition about that timer" asked District Attorney Coatsworth.
 Well, it appeared to me that for some time he had been breaking down. He had been unable to concentrate his mind | and I had noticed painful look on his |