New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1920-07-08
w. I'll. Pendleton
COntradicted i'm.
Elwel1 Case
Taxi Driver Says He Took
Mrs. Pendleton to Station
Morning of the Crime;
Husband Swore He Did
Swami Discloses the Facts
Slain Turfman's Former
Partner Says Prosecutor
Is Mixed in His Dates

District Attorney Swami gave out a
statement yesterday pointing out APP
parent discrepancies in declarations
made by William H. Pendleton concern
ing the whereabouts of his motor car
on the morning Joseph Bovine Elwell
was shot in his home, at 244 West
Seventeen Street. He also received
from Mrs. Josephine Peet Wilmerding,
of Narragansett Pier, R. l., an emphatic
denial of statements made by former
housekeeper for Mr.. Elwell as to Mrs.
Wilmerding's acquaintance with Elwell.
According to District Attorney Swami,
witnesses declare that Mr.. Pendleton's
motor car was in Manhattan the morn
ing of June II, when Elwell met death,
and taxicab was called to take Mrs.
Pendleton from her home in Long
Island to the railroad station, whereas
Mr.. Pendleton's statements are that his
car was on Long Island and he used it
to take his wife to the railroad station.
Mr.. Pendleton's reply was to repeat
his assertion that his car was in Cedar
hurst, L; l.. the night Of June 10-11.
before Elwell's murder and the day it
self, giving the names Of the persons
he was with, to show that he was in
Long Island and not in Manhattan and
that his car was with him. The move
ments of his car described by the Dis
trict Attorney, he said, correspondent to
those Of the night of June 7-8 and he
thought Mr.. Swami had got his dates
mixed. Mr.. Swann's statement follows:
"Pendleton testified that on Thurs
day night, June 10, 1920, he dined at
Blossom Heath Inn, at Lynbrook, near
Long Beach, and that he went to bed
about IL o'clock in his home at Cedar
hurst; that on the following morning.
Friday, June 11-he took the car out
of the garage and took Mrs. Pendleton
to the 1926 train for New York.
Doyle's Testimony
against that testimony there is the
statement Of John Doyle, the night man
of the Atlas Garage, 8 East Fifty-sec-
ond Street, chat early on the morning
of Friday, June IL, at about o'clock,
or thereabouts, Pendleton's car was
brought to that garage by man whom
he recognized as Oliver W. Bird, resid-
ing at "a East Eighty-sixth Street, and
that he drove with Bird in that car
ifty-ffth Street, where Bird entered
the building and remained half hour.
John Doyle then drove with Bird to
Sixty-second Street and Fifth Avenue,
and Bird then went to his home, "a
East Eighty-sixth Street, where Bird
was left.
"Doyle then took the car toward the
garage. and at Fifty-ffth Street and
Madison Avenue he met man George
B.. Post jr, of Post & Flagg), who
called out from the sidewalk, THAT is
Penny's car Post was in front of the
building which Bird had previously
entered. Doyle stopped and took Post
Street and Fifth Avenue, and then took
the car back to the garage; that tho
car remained in the garage from that
time until after o'clock in the morn
ing. when he, Doyle, left the garage.
Another witness, who is employed
in the day time at this garage, Sam
Place, has informed. the District At
torney that the car was there on three
different days that week; that he
worked on. the car; that it was there
on the morning of June ii, when he
arrived there at about o'clock, and
that later that morning while he was
working upstairs somebody took the
co1 away. 1He car mas not Deen IN
the Atlas Garage since the morning of
June II.
,ox xAnother fiat contr;dietion is the fol-
"Pendleton testified that on Friday
morning, June II, he went to his garage,
adjoining his house at Cedarhurst, and
took out his car and drove his wife
to the railroad station, taking the
1925 train. That he then drove around
Cedarhurst village for about an hour,
but he could not name any person to
whom he talked in the village. He
testified that he went to the railroad
station at Jamaica and telephoned to
Mrs. Bird and waited for her until
about 1880, and that he then drove
her in his car to the racetrack, where
Bird met him later.
against this we have the testimony