Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1903-04-11

lney HiCEeSSSh tiiC SPSSN. uiu iiot N6ilIi
them after that"
Sarah Sterrett corroborated the story
of the preceding witness, but said she
did not know whether the automobile
she saw was Pencils. or some other
automobile.
George Dunbar testified to hearing
the gong of the automobile on the
evening of March 10. He turned and
saw Penncll with his hand up to his
head as if he was reaching for. his hat,
which had blown off. AS his hand came
down the automobile swayed and went
over the bank.
Attorney Maurice Spratt, represent
ing life insurance company. asked
, to examine the witness. Mr.. Penny
objected, but the court permitted him
| 10 proceed. Mr.. Spratt endeavOred to
ascertain whether the automobile was
not on one side or the other of the
street. butethe witness insisted that it
was in the center of the street. The
most significant feature of the testi-
mony of Dunbar was that Pencil rang
his gong to warn him before the We
hicle plunged into the quarry.
William Lann0n, who was with Dun
| bar at the time of the accident, told a
similar story.
| DIR. Rowland, assistant medical ex-
| aminer, was the next witness.
| Mrs. Pencils death, he said, was
| caused by shock due to fracture of the
skull.
Thomas Penney, Pencils counsel,
was then called. He thought he first
| went to Pencils house on the morning
of March IL, with Frederick Pencil.
From the house they went to Pennell's
office.
| Mr.. Penney stated that he was will
| ing to give all the information he had
that had any bearing on the Burdick
| case but he would demand his priVi-
! lege as attorney for the estate to re-
! fuse to be questioned relative to the
| Pencil estate or the Pennell papers
| bearing on the estate.
Mr.. Penney is entitled to his privi-
lege. He cannot be made to testify
about these things" said the court.
| DO you know anything about Pen
nell's financial affairs at the time of
his death?"
Il do not"
DO you know whether he owned any
considerable amount of money at the
time of his death?'
| Il decline TO answer"
DO you know whether any claims
haye been filed against the estate?'
II decline to answer"
What do you know about the story
that Pencil was a defaulter?"
n decline to answer. l am willing
to state that Pennell's papers refsg in
10 way to the Burdick case. There is
I in, of n Mrc
Burdick or detectives.
Wallace Thayer was then called. He
was Pennelrs attorney before his death.
Mr.. Thayer, upon taking the witness
stand, said that all communications be-
tween himself and Pencil were of a
professional nature, and he would not
testify concerning them.
Il will state" said Mr.. Thayer, that
in none of Mr.. Penneil's communica-
tions to me and in none of his papers
was there anything bearing on the Bur-
dick murder or the death of Mr.. Pen
nell ! never believed that Pencil
had intended to commit suicide. Pen
nell left with me a sealed envelope OF
instructions and two insurance policies
for $4,000 which | was to hold in trust
| was instructed not to open the sealed
package until the insurance money was
paid over to me, and then [ was not
to make public the name of the per-
son or persons for whom | held the
insurance in trust or make known their
names to anybody aside from the bene-
ficiary or beneficiaries. That is all
care to state
Wallace c. Omphelius, who was Pen
nell's clerk. was called to the stand
Mr.. Pencil, he said, got out a state
ment for publication but took the
manuscript to make some corrections
and witness did not see it again. He
said J. Fred Pencil found the revised
copy of the statement. He did not
know what had become of it, However
he had n copy of the original state
mcnt as transC ribed from his stenogra-
phic notes.
Mr.. CoatsWorth read it. 1t was pre-
pared on the Saturday following the
murder and was addressed to the pub
lie. In the statement Pencil stated
that he had satisfied the district at
torney and the police that he had had
nothing to do with the Burdick muir
der.
With reference to his connection with
i, the divorce proceeding he said the liv-
ing have their lives to- live and have
i, greater rights than the dead. He de-
clared that there was no truth in the
charges brought against Mrs. Burdick
or himself in the complaint. He de-
clared that there was no reason why
she should have been driven from home
by Burdick; that Burdck had been in
innate with Il woman whom he intend
ed to marry and that it was not until
he learned that Mrs. Burdick was to
sue him for divorce that he decided to
forestall her and sue for divorce him
self. Pennell declared that Burdic<
learned of his wife's intention to sue
for divorce when he secured her papers
from the safe deposit Vault. by forging
an order on the deposit company.
In MS statement Pencil said Burdick
| was Killed by an unknown woman whom
| he had invited to his house at midnight
| Witness OmpheliuS stated Pencil had
two revolvers in his office. Witness; now
| had them at home Pencil had one up
to the day following the murder of Bur
dick and then he got another
| MIR. CoatSworth then inquired when j.
| Fred Pennell would be in town. He said
he wanted to inquire of Mr. Penneil about
the alleged defalcationS of his brother and
also as to whether he possessed any pa =
pers showing that he committed suicide