New-York tribune., 1920-07-13
Elwell Fought
With Two Men,
Police Hear
Turfman Reported to Have
Fled Theater i'm Taxi
After an Alteration lin
Which He Was Assaulted
Few Hours Before Murder
Chauffeur's Story of Fare
Visiting Victims Home
Is Corroborated i'm Part


Is CorrobOrated i'm Part
A new but slender clew has been un-
earthed by the police in the mystery
surrounding the murder Of Joseph
Bovine Elwell.
The basis rests upon an alteration
that is reported to have taken place
between Elwell and two men immc-
diatcly after the Lewisohn party had
bade farewell to the whist expert at
the conclusion Of the performance of
the Midnight Frolic," about six
hours before the. murder was COM
initted.
Details of this alteration, it was
learned, have been in the hands of the
police FOR some time, but became known
generally only yesterday. The District
Attorneys. office apparently has not
been advised of it, since Assistant Dis
trict Attorney John T. Dooling admitted
last night that the incident was news
to him.
Another Party at Frolic
According to the report of this Incl
dent. second party acquainted with
Elwell attended the performance of the
Midnight Frolic' on the night preced-
ing the murder. This party is said to
have consisted of two men and two
women.
At the conclusion of the performance
Elwell, with the Lewisohn party, was
the first out of the theater. Elwell
had parted from the others when the
second party arrived on the street.
One of the two men went over to Ell
we'll, according to the report, and en-
gagged in conversation with him Just
after Elwell had called taxi. As the
taxi came up, it is said, the other man
struck at Elwell, who jumped into the
taxi and fled.
The man who had struck at Elwell
called another taxi and gave chase,
leaving the two women with the other
man.
This report recalls the testimony of
Edgar Walters, negro taxi driver,
who told of having picked up a fare
outside of the New Amsterdam Theater
and taking him to Elwell's home. At
the time this testimony was given it
was clear that the fare was not Elwe1l.
According to the story of Walters, the
man he took to Seventeen Street was
attired in brown business suit. Wal
ters said this man first directed him to
drive to 204 West Seventieth Street
but on arrival at that address saw that
it was the wrong number and pointed
out to Walters Elwel's house on the
block. The fare was evidently we'll ac-
quainted with the locality of Elwell's
house, but had apparently forgotten
it's numDer.
Ran Up ElwelPs steps
Walters testified that the man thrust
the amount of the fare and a 10 cent
tip through the window of the cab and
then jumped out while he was turning
his taxi around in the street. The
man then ran up the steps of Elwells
home. This was at 2:53 q. m, and it
was the last that Walters saw of him.
The details of Walters's story that
seemed to prove that his fare was not
Elwell were that Elwell was in evening
clothes and that Elwell was known to
have stopped at Broadway and Sixty
sixth Street to purchase a morning
newspaper, whereas Walters testified
that he made the run without a stop.
Walters said his fare seemed to be in
very Gr~St hurry to get into the
house. His story also tends to corrobo-
rate the testimony of Viola Kraus. the
divorced wife of Victor Won Schlegell,
whicn was given out in a statement by
District Attorney Edward Swami last
Wednesday. In this statement Mr..
Swami said that Miss Kraus had called
Elwell on the telephone at 2:3O on the
morning of the murder and had testi-
fled that in view of the short answers
she received from Elwell she was of
the opinion that there was some one
else in the room with him.
What happened in the intervening
three and half or four hours be-
fore the shooting is engaging the at
tention of the police. 1t is in this
period that one of the greatest ele-
ments of mystery in the crime lies.
Although the new clew seems to shed
some light upon the crime, there are
several apparent Inconsistencies, in
telephone communication with the
home Of William H. Pendleton, at
Cedarhurst, and also the manner in
which Elwell was attired when his
unconscious form was discovered by
Mrs. Marie Larsen, his housekeeper,
at $3.50 a. m. Had the alteration
continued Immediately after the ar
rival C the stranger at $3.50, it was
pointed out by one police official, the
question of time and change Of
clothes must be explained.
No Marks on Body
Assistant District Attorney John
I. Dooling, in discussing the report
last night, pointed out the following:
If Elwell was assaulted in front of
the theater on the morning of the
murder, isn't it reasonable to suppose
there would have been some marks
showing on his body? Yet there were
n. marks, according to the report of
the county medical examiner, with
the exception of the bullet wound in
bis head"
In connection with the alleged
bootlegging phase of Elwell's activi-
sies, it was said yesterday at the
United States Attorneys office here
tLat William E. Barnes, Elwell's for
mer secretary, would appear to-day to
answer certain questions.
II. Hobart Porter, president of the
American Waterworks Company. an
peared yesterday in the office Of Al
bert c. RothweN, Assistant United
States Attorney, with his counsel.
William M. X. Olcott. 1t was said
that Mr.. Porter will also be in the
Federal Court Building to-day to
n n e.