Show 1 j l N CAST c UPON PENNELL PRENN lL r t fi Nut to Hift Hai BirdiCk Bw ick t FACTS BEING BROUGHT OUT OUTI I M P ON OK THE TU STAND 4 t March 17 The name of ot BUFFALO B W R Penned Pennell who bo was wali named as nt in the Burdick Burdiek divorce C proceedings and who ho met a terrible death In a stooP quarry two weeks after Edwin L L Burdick Bu lck was murdered constantly OOn came to t the sur surface surI I face In the Inquest before Judge Mur Murphy Murby phy by today Thomas L Park k Bur l dicks former business partner and close tOIle friend while on tb t fl witness stand this afternoon n gave it tt as his hilt opinion based baNd upon n information a and supposition that tat Pennell Pennen or a hired assassin murdered Burdick Fear of dis growing out of the divorce instituted by Mr Bardick Burdick I against his hil wife Mr Park believed patt the motive for the crime I Threats Mr Park told of or conversations he had bad had with Burdick relative to trouble with Penned On one ocea occa occasion Jon sion Burdick told Park that Pennell had threatened suicide if the suit was not stopped toP Pennell threatened to I kill kIU both himself lell and Mrs Burdick Burdiek I Mrs M Gertrude B 8 Paine P lne wife of ot Dr Seth Seta H Paine Pains an aD Intimate friend of the and the t th was wasey f ey ques q o ea ift regarding the rela reia sinus toos between tM two famines families and i displayed by tV each other otner Mrs fi fames Pes ho hoea se wU e by the O jO o 1 Rh a following mur f J I I r 4 attorney tI touched etOy em an whereabouts l s on lifts of otOe orthe to murder devoting most moat Of tW to questions concerning her I relations reIns re with ad her heror kiP of or the tb feeling between Pen nIi 11 and Burdick Mrs Mn JI Paine PalM denied being at it Burdick house boUle at any time tJ tim when not accompanied by Dr Paine Her relations with Burdick Burdiek were pure pun purely P punI ly Iy I social Dr Paine was Wall examined He was waa on oa the tile stand tand for tor only a few fe minutes He was waa in Batavia on the night alt of the murder munter Mrs Paines Movements A Carlson Carison a Swedish boarder at Mrs Pain house bouse was warn u very v ry nervous while on the witness stand He thought Mrs Mra Paine was In the house on the night of ot the murder but hut could not say positively Miss KI Mary lIal Cunningham the other occupant of the Ute Paine house boulle on the night of the murder has au left I the city according to testimony given by Mrs ra Paine PaIlle today toda Her whereabouts Is Ia not Mt known Mrs Mn Paine was wu asked aake You have met Mr Burdick frequently since sinea ala Mm Mrs X Burdick left lett horneT homer j jI I 1 have ban seen Men him hl a a number ot of ottI times tI Whose Where WhereAt At the t dancing danehl dub dab chi ss tad and andon on Oft the car ear carBy earBy carBy By appointment app r Twice or three ur the times Umea by appoint appointment ment How did he be make the tile appoint appointments meats ments By BJ telephone What Burdick SaM Said The appointments 1 according Ina to the tM kept ept pt once at Langs LanC andy store atMe once on eat at the tM Genoese and nd once 4 Main and nd Summer streets six week weIn wee or two tw months aLa ago On OD the last Jut occasion G Burdick Burck talked about his hta wife Jfe He said that the gossip p that had bad been going on about his hilt wife was true and that he had the necessary evi evidence evidence dence deuce to secure a divorce He did not say exactly that he be had bad sent her away but that was warn what was warn gathered by bythe bythe the witness told Mrs Paine Pal that he be felt very nry badly about Pennell his bis friend into his family that way a He said he be had bad had bad a talk with Pennell and that tat Pennell had bad agreed to leave leav the city Once before Pennell PenDell had bad promised premised to leave home bome but had bad not dons done so 10 Mr Burdick never ked e the witness wi with to fix Ix up an appointment with Pennell Peu C Mrs Mn Paine laid aid she abe met Burdick downtown several everal times Umea by b appoint ap appointment meat ment but did diet not remember what they talked about or why the tile appointments were made Rill His Last Lut Appointment When was wu the last time you had UtI hada UtIa a conversation with him himOn himOn On uOn the day of bis hi death What did you say eay to him bIm 1 I told him I had bad not seen Hen Mrs Na JI Pen Pennell Pennell nell eel and did not know DOW whether she was sam going goIn to attend the Elmwood dance or not He said aid that It if the tM were not going cot to be bethere there he be might go co He wanted to know if It i 1 were going I told him I had a cold Old and would not go p te night previously he lw bad called me up and asked me if it I 1 could Auld c find out er r th ennells were in the city and let lt him know W the following morning That was why I telephoned to him the next morning Burdick had bad called caUd on her ber several time Uinta timea W watt Mot Warren Warran of UI was Wa abd had taken them to tri thu theatre and she thought to the Dan Dancing DanCing cing Cine club cI While he be was waa talking to you at Main and Summer streets did he tell you ou that Mrs Mra Warren was getting a divorce from froIa her husband 7 Yes sir air Mrs Warrens Status Burdick thought a good deal dea of Mrs rs Warren he her ber I of Yes Yell he admired her very vry amoV Did he say aay there was Wall any arrange arrance arrangement ment mont by which be and aDd Mr Mm Mat Warren were to be married when she got sot a di dl divorce vorce TOrce 1 I No uNo dr Mr Mrs lira Payne Pane send said she abe wa was home bone en Ott th the night of the murder er She he read until 9 S st ocl ck and ani then wen wanO to te bed She So be beno had ha hano no company compan that night and did not leave the HUM house i Did you have any telephonic communication 1 cation with Mr ro Burdick that night II uNo No air sir Witness was wan at house bOWIe about I two weeks ago ap and had a talk with Mrs Kra Pennell Penn ll Did Mrs Pennon U say lAY she be was going to get let a divorce from Pennell No NOo she said 14 she abe had b heart heard the story that she was getting a divorce but she be said she Ibe had no M intention of ot doing any uy thing of ot the kind She said she had spoken to Burdick about taking his wife back Cause of the Trouble The witness stated that Burdick had bad previously told her ber that Mrs Krs Pennell wanted him to take Mrs Jira Burdick back He had bad said that Mrs Mn Pennell reused caused all the trouble in the first drat place and that it was warn too toe late ate for fOl her bar to Intercede I believe It tt was waa Mrs Pennell Penn ll who first told Mr Burdick about Mr Pennell and Mrs In Burdick declared Mrs Mra Paine Mrs Jin Pennell had bad never told witness that Mr Pennell had bad threatened to do Mr Burdick harm and aDd witness had bal never Deft heard beard of Pennell threatening harm bann to Burdick She did not know whether beth or r not Pennell was wasa a quick tempered man Lawyer Hubbell asked Mrs Paine if it she knew of oC carrying a weapon She did not know although Burdick had told her he be had bad been bee fo f lowed lowe t I Did he be ever ev express tIC his feeling Ward aWard Pennell Pt He UHe said aid that he would forgive tG ve Pennell P for tor all aU au that he ha had bad done tf it he b would only Oldy marry Mm rII Burdick He said MId he be would permit her to te have the children six months of the tile year rO DM DId ha he ever say any anything a about mur murdering dering Pound Pennen r rHe He said 14 once Who there be to o take care of my JaY children If I 1 had bad a mur ur d er on my hands bands Pennell Accused Charles S Park Burdick business ba partner who had bad been associated In Ia business bual with him for tor four lour years and had bad known him hi for lor eighteen years yean testified that about a year ago CO he saw ea Arthur Pennell Ponnell at ka adios At one time Pennell was ks law lawyer w wyer yer Burdick k told Mr lr Park about the tb trouble with his wife about Christmas Christmastime Christmastime time Mr Burdick Burdiek told him Iahn he be did not blame Mame Mrs Burdick so M muck much as be he did Pennell He Head said he be had bad shown own hint him every con consideration oa and that PotasH Panell had bad promised ed to get pt out of town to but had bad not done so He Ha said DId he bad had lost patience pat and ad the di dl divorce dI vorce suit was wall to go 0 on Then Theft the man wise who made alt all the t trouble was w Fennel T Ty Yes y M Did Burdick say he be was WM afraid of ot Pea Pen n neli ll He said w he had been warned to look lookout lookout lookout out for but h ho be believed d Penned was WAI a physical coward C iM and he be had no fear lear of oC him He said he carried carded a re revolver revolver revolver volver when he went out of n Just jut juta as asa asa a matter mailer of oC precaution p Burdick Bv had d a conference with Pennell in a Gravers office about tie e proceed Did he ho tell you 70 anything what t Pennell said MId at that t conference Suicide Threatened lie ile l said Pennell had bad threatened to commit suicide lIUI kIe It the tb suit was not stopped He Ho threatened to kill both botn him aim sek eit and aad Mrs Mn if the pro proceedings were continued Burdick ick Bur told me be he thought the threat was w a bluff blu biu Did ten teti you yoo that t Mr rw Pennell enn ll had bad vied tried to have the suit stilt withdrawn He uHe said aid b both th Mr fr and Mrs lira rs Pennell ennell had pleaded with him to dropTi drOp lL y What w hat was W the be purpose of that confer cofer flit T I 1 understand den Jt It t was ws held for ler th the air aire r mme e ei reaching a ul settlement n of troubles But thit it was fruitless tr r 1 rC ar C sald he be made no r Mr Park Para knew ot 01 no trouble trou lo Burdick and Mrs n Hull HUH his bia wile a mother 4 4 Theory of tha ta Murder X er Did J 6 form am an as to who committed this ed Attorney A torae Coatsworth S Yea r v 1 When att Lri r tc tile the house tIM the e cia day dayIs ay tb bo W I und I Is I if It it an opinion based on information lafonn or upon supposition 1 Upon both you have mb ion onry y Yes Asa sir r rAre Are y u that your opinion J a c to bo you mink the me murderer murder w fj I uJ j 1 thina so M soWell Y Weli Well weI who was wag W he be Arthur a B or u as ut asmakes What t makes you think I killed him Alt All lead leu me e to that conclusion 1 I am satisfied that thit the mur der grew out pt the Ute divorce proceedings Do you know how whether p was waa la In k I 1 do not Do you he eda Wa ami a key to house F i 4 DM bili Iott you yot eve ell until after stier alt he ha died T TI I do not know when wb b 1 I that opinion I The sri Jw I tomor tomorrow row ro Jl |