New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1920-07-08

u 5larhurst that on that morning,
SSx Irne IL, he an&wered call
4 is1n III. Pendle$on's house and took
r&ndleton in his taxi to the rail-
xtAkion for the 1925 train for New
q He verihes shat by the entry
S. his books, it being credit item.
zSs 4elephonc central states that some
Ssis ~ zbout I:a5 q. m. made two eff
1SS31s aver EiwelI's house telephone to
b Z; ~ pendleton's telephone at Cedar
$s3S but that no one answered PEN
IsfoIfs telephone. Pendiaton's home
SIe6hone stands on q small table I'M
sslsi;stely at the side of his bed.
response to this statement, Nesi-
- 0lcott, attorney for rendletou, said
5SSsS1srsaay: ssThe answer is that PEN
3Eston denies it and says that It isn't
Iam going to see Mr.. ePcndleson
r. morrow morning He is quite posi-
s d. "A what he has already said num-
- az times do not think that any
4sx5cab drivers remembrance of what
add on that particular day, when he
!. KSx done ii very often. isNone chat
should be relied uron in as important
h matter as this.
: ANr Pendleton has been confronted
Sr;xh these statements before and de-
MED them. am very anxious to avoid
anything that appears to be quarrel
with Judge Swami.
'aMr. Pendleton took his wife to the
!: ststicn, stopped on his way back at
sshe fish market-that is rather
urosaic, but in the circumstances
rather convincing. aIr. Pendleton
took ais wife to the station and she
vent to New York to keep an appoint
men. with her sister. He went back
L..
snd took them to lunch at a club down
-<hege.
Many Unnamed Witnesses
sMr. Pendieton has told all this to
the District Attorney and anything
thew have discovered to the contrary
must be mistaken information. We
fave many witnesses that we have not
named because Mr.. Dooling has asked
US not to, but they have tolc their
stories to the District Attorney.
sThe two maids bore out his state
nent about rising at $3.50 and such
other details as his return from mar
ket with the fish, I'm afraid District
Attorney Swami is on the wrong track
We are entirely ready to stand on our
Statements and prove them anywhere"
Pendleton Makes Statement.
Mr.. Pendleton on hearing of the Dis
strict Attorneys statement gave out one
containing ali account of his activities
on the date OF Elwell's death and be-
fore, which, he said, was the last he
would make voluntarily. The gist
of his declaration was that the Dis
trict Attorney, or his informants, were
mixed in their dates-that it was the
night of June rs, not that of June
10-11, that Mr. Pendleton was in Man.
haitian with his car and went to the
places specified by Mr.. Swami.
On the night of June 7, he said,
he went to Woodmansten Inn in The
Bronx, with Mr.. and Mrs, Oliver w.
Bird and Mrs. Birds sister. Mrs. Pen
dleton was at her sisters bedside in
a hospital and. as she was to spend
the night there, Mr.. Pendleton ac-
cepted the Birds invitation to stay
over might at their home.
to the Atlas Garage, where ne picked
up mechanic named Doyle, who was
to take the car back to the garage after
dropping Mr.. Bird at the Racquet Club.
Doyle waited at the club, however, for
they picked up George B, Post, who
sent the car back to the garage and re-
turned to his home.
That, Mr.. Pendleton pointed cut, was
early in the morning Of Tuesday, June
8 and from that afternoon when he
drove the car to his home in Ceda rhurst,
he says, it was not in the Atlas Garage,
adding that the District Attorney had
the garage ticket showing that such was
Tire case.
In the afternoon of June 10, he said,
ne drove to the Belmont races, where he
saw Elwell, going early in the evening
to to the Rockaway Hunt Club. There
he met Raymond D. Little and, as Mrs.
Pendleton was still in New York, spent
the evening with him in a neighboring
roadhouse. 1t was about midnight when
Dir. Pendleton got home and went to
bed His wife had returned, he said, by
that time. His car was in the garage
at his home when he got up the next day
after having breakfast in bed at $40