The free lance. (Fredericksburg, Va.) 1885-1926, 1903-04-14

SuuSS Murphy IN his innings Cannot
Determine II Death Of Pencils Was
Accidental or suicide-suspect'
Last Statement.
Buffalo. April II. - The evidence
given at the inquest into the deaths
OF Arthur r. Pennen and Mrs. Pen
nell before Justice Murphy Will no.
help the authorities in any way to
solution of the BUrdick murder mys-
terry. Whether the tragedy at Genres
stone quarry on March 10, in which
Penneh was killed and Mrs Peuneii
was fatally injured. was due to acct
dent or design. was not proven.
Thomas Penney. who has acted rs
attorney for the Pencil family since
Arthur Pencils death. declared that
so FAR as he was aware nothing in the
papers left by Mir. Pencil would
throw any light upon the murder of
Edwin L. Burdick when questioned
regarding the alleged defalcauons by
Pennell. Mr.. Penney declined to an
swer. J. Frederick Pencil. brother
OF the dead lawyer. and administrator
or his estate, who has possession of
most OF the papers. was out of tho city.
and MIR. 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 accumulative."
said Justice Murphy. after the evil
dence was all in. no stronger motive
could be proven than has already been
! brought out here. But proving a mo-
tive does not establish suicide. The
court is prepared to announce its
findings"
Judge Murphy then delivered his
verdict as follows.
Il find that Arthur r. Pencil came
TO his death on the 10th day of March.
1903. as a result of injuries received
while riding in an automobile the said
automobile plunging from an embank-
ment into the Genres stone quarry.
THAT 7 cannot determine from the
evidence submitted whether such
plunge was accidental or designed.
THAT Carrie Lamb Pencil came 10
her death rs a result of the said
plunge of the automobile into the
quarry"
W. c. Omphelius. Pencils stenogra-
pher produced a typewritten copy of
the first draft OF a statement prepared
for publication by Pennell before his
death. The statement in part is as
follows:
owing TO the fact that my name
was so unfortunately at this time con-
nected with the pending divorce pro-
ceedings. it was forced into great pub
licity in connection with the tragedy
itself So far as any possible connec-
ton with that crime was concerned. I
satisfied. think. the district attorney
and his assistants thoroughly that I
had nothing to do with it. After being
out for a short time in the early part
OF the evening. ! spent the rest of il
at home as was shown by the evil
dence of my wife and the servant girl
in our house. think was soon ac-
quilted both by the public and the au-
thorities with any connection with the
crime
1T now becomes incumbent upon me
to make some statement relative to my
CONNECTION with the divorce proceed
ings. There was no truth in the charges
brought by the plaintiff in that pro-
ceeding against the defendant and my
self. The charges We're absolutely de-
MED under oath, and counter charges
had been made. and in a short time the
case would have been quietly tried be-
fore referee and settled. The rela-
lions existing between the plaintiff and
the defendant had been strained for
some tine. Twice he had unjustly at
tempted to make her leave her home
During this time the man himself was
In intimate relations with a woman
whom he desired to marry. For that
purpose il wass necessary to be Tree
from his wife. He discovered the fact
that his wife knew of these relations
by gaining access to the safe deposit
vault where she kept her papers
through forgery and written order over
her blank signature. and purloining the
keys from her.
Being thus apprised of the evidence
against him. he determined to antici-
pate her action by bringing an action
himself In order that he might have the
appearance OF being the injured party
and out of the vindicativeness and de-
sire to injure me as much as possible
he made me a defendant in the action.
His allegations were properly denied
and the issues would have been square
ly met when his death occurred at the
hands of some unknown woman. whom
he had invited TO his house at mid
night. Nothing more unfortunate could
have occurred for everybody involved.
as the entire matter became public. and
IL the truth could have appeared the
harm would not have been SO great"
Sea Captain Drowned.