The Montgomery advertiser., 1903-04-11

CT idea than the purpose of transactine the affairs relative to the divorce action.
 Finally, 1t may be said that the crime is as great . mystery to the writer as to any one. Terrible notoriety and public ity has been brought upon people, moro especially women, who have entirely un- deserved 1t and great wrong has been done all concerned. especially to the fam fly which has suffered and must suffer most. For that we must thank the spirit of yellow journalism which does not hesi- tate to violate every principle of truth. honor, chivalry, justice and sanctity in their efforts to make news and sell pa- pers, which make that style of journal ism one of the sickening things of mod ern civilization"
 The story of the Tragedy.
 The story of the tragedy in which Arr thur Pennell and his wife both lost their lives, surpasses fiction for sensational human interest and plot.
 Husband and wife. though living to- gether, had long been estranged Their names had been featured in scandal by gossip and separation was almost mo- mentarily expected. They left their home together on the Ills fated afternoon in an automobile. Though the rain was pour ing in torrents. the couple rode leisurely
 
 faIo. For more than half an hour the auto, was driven at a snail's pace up and down, back and again. in front of farm house. The top of the vehicle was low cred when the storm increased.
 < At sharp turn in the road, a ledge on one side and a bluff on the right, Pen. nelrs hat blew of. He turned loose the lever of the steering apparatus and caught at the hat.
 The machine darted across the road. mounted the curbing and dashed over the clfff into the stone quarry below.
 Pennell Instantly Killed.
 Pennen was instantly killed, but his wife fingered in frightful agony for sev- eral hours. She never regained con- sciousness, and so no light has ever been thrown upon the subject except by de- duction from the circumstances existing prior to their death.
 It has developed that Penneli had taken several drinks during the route. stopping at saloons. At one saloon he ordered a drink for his wife, which he carried from the bar to the street. An empty whiskey flask has been found which witnesses tes- tify was thrown from the automobile by Mrs. Pennell.
 Penneli, fearing exposure or death be- cause of Burdick's murder, had made threats before of suicide. It has later developed that he is short in his accounts about s20o. 900. These are the reasons If suicide it was. that could have influenced the man to take the leap to death, carrying his wife with him.
 Frank Jerger who saw the automobile on the afternoon of the -agedy, described the movements of the vehicle. Attorney Penny objected to the testimony as irrei- evant! whereupon Judge Murphy declared that MT: Penny had no right to object.
 think. your honor. that we have at least common law right to enter objec- ucn here to lot of irrelevant testimony" said Attorney Penny
 Attorney Penny Rehuked. |~ssT think am capable of conducting this inquiry" rejoined Judge Murphy. Mir. Penny attempted to cross -uuastiou the witness concerning the time. at- tempting thereby to- show that tha wit ness was guessing at 1t. Judge Murphy again interposed and 6 heated collouuy petween the justice and Attorney Penny ensued, ending with a threat from the Judge to eject Mir. Penny.
 George Dunbar testihed to hearing the gong of an automobile on the evening of March 10. He turned and saw Pennell with his hand upon his head as if he were reaching for his hat. As his hand came down the automobile swayed and went over the bank.
 Dunbar said that apparently Pennell rang his gong to warn him before the vehicle plunged into the quarry.
 Thomas Penny, Pennells counsel, had little information of importance that he cared to make public, saying he was wil- ling to tell anything that had any bear ing on the Burdick case. But he would taui ah iafn h vrNlxr 1Ansn nt torney of the estate of refusing to an- swer any questions relative to the Pen nell estate or the Pennell papers bearing on the estate.
 Do you know anything about Pen nelrs financial affairs at the time of his death?"
 "I do not.''
 What do you know about the story that Pennell was defaulter?" ~I decline to answer"
 Wallace Thayer, who had been Pen- nelrs attorney before his death, made a statement on the stand, saying: T will state that none of Mir. Pennell's commit nications to me and in none of his pa- pers was there anything bearing on the BrrGick murder or the death of Mir. Pen nell.i Wallace c. Empheiius, who was Pen rfells clerk, was called to the stand. MT, Pennell. he said, got out a statement for publication, but took the manuscript to make some corrections and witness did not see 1t again. He said J. Frederick Penneli found the ,evised copy of the statement. He himself had copy of the original statement as transcribed from his stenographic lotes.
 Statement from Pennell.
 Mir. Coatsworth read 1t. It was pre- pared on the Saturday evening following the murder and was addressed to the public. In the statement Pennell stated that he had satisfied the District Attor- ney and the police that he had nothing to do with she Burdlck murder. With reference to his connection to the divorce proceedings he said that the living had their lives to live and have greater rights than the dead He declared that there was no, truth in the charges brought against Mrs. Burdick or himself in the complaint. He declared that there was no reason why she should have been driven from home by Burdick: that Bur dick had been intimate with a woman urhorn he intended to marry. and that 1t was not until he learned that Mrs. Bur dick was to sue him for divorce that he himself decided to sue her.
 Pennell declared that Burdick learned oS his wife's intention to sue for divorce vhen he secured her papers from the safe danosit vault by forging an order on the denosit company. Pennell declared Bur S,cL wax killed by an unknown woman Srhom he had invited to his house at mid night a 1..u .aS two revolvers in his office Witness now