The New York herald., 1921-04-10
Didn't Have Nerve Enough
to Kill Himself, but Hoped
State Would Do It.
Woman Still Insists That
Tale Of Elwell Killing Is
a Pure Invention.
WHITMAN TO SEE HIM
Formal Charge Of Murder
Made on Telegram From New
York, but Is Withdrawn.

VI hs OuO 10 w ~
Special Despatch to THE NEW YORK HEnALp.
BUFFALO. April 9.-When Charles S.
Whitman and Capt. Arthur Carey Of
the New York Police Homicide Bureau
reach Buffalo to size up Roy Harriss
murder story they viii receive a re-
markable theory from the lips Of his
wife.
She processes to believe that Harris
fabricated hts tale OF the murder Of
Joseph p. Elwell in order that he may,
by dying In the electric chair, expiate
the wrong he has done her and their
little girl by his careless manner Of
living.
She says that Harris often spoke Of
killing himself to free his family from
his unhappy presence. but hasn't the
nerve to do it. So he hit upon the
idea Of accusing himself Of murder
and letting the State take over the
Job Of his atonement.
This Is merely Mrs. Harris's story,
voiced this afternoon in the Jail. a mile
from her husbands cell, where she is
held as material witness.
She has worked it UP herself, she
says. from her knowledge of her hus-
bands mind. and as the only possible
explanation OF his course. She admits
that she did not get 1t from him,
although she continues to assert that
twice since his arrest Harris has con-
fided to her his innocence and the falsity
Of his confession OF the murder.
FURRY Over Murder Charge.
A mistake in the Transmission, of a
message received tonight by Chief Of
Police Higgins from Acting Chief In
spector Murphy In New York resulted
in q forrnaI charge or first degree mur-
der being lodged against Roy Harris.
being held here on his confession that
we'll in his home In New York on the
morning of June II last.
The telegram was received by Chic.
Higgins in his Office. and he turned 1t
over to Chief OF Detectives Newton, with
instructions that he convey its contents
to Acting Captain Murray at Precinct
No. 10. in Niagara street. The message
read: Hold Roy Harris on his confes-
sion OF the murder Of Joseph B. Eiwell
here on June IL. 1920. Thomas Muir
ply, Acting Chief Inspector"
The chief OF detectives called up the
station and read the message TO the
desk sergeant, who interpreted It 10
mean that a formal charge of murder
In the first degree was to be lodged
against Harris. Acting Capt Murray
entered the station soon after. and he
ordered the charge entered In the blotter,
naming himself and Detectives Flynn
and Howell as the arrest!ng officers. In
charges OF the kind, IL was explained Il
is not the custom to mention the COM
plainant, as 1t is assumed that the reo-
pie Of the State are the accusers.
Soon after the entry was made in the
blotter Detective Sergeant Henry Z.
Oswald of New York entered the sta
ton and his attention was called to the
matter. He called up Chief Higgins. who
told him that n mistake had been made.
Chief Higgins later said that there
really was no necessity for sending the
telegram. as Harris has been held in
connection with the Elwell murder since
his arrest by Detectives Howell and
Flynn In the early part OF the week At
:30 Chief Of Police Higgins ordered
the murder charge removed from the
blotter.
Not Seeking sudden Death.
Harris smiled wearsly when reports
OF the interview with his wife were car
ried to him.
IT'S merely her opinion" he said.
"She's a good girl and has stuck by me
In everything. II wanted 10 Kill my
self Id go get a gun--or I'd borrow
Flynn's. He indicated one OF the de-
tectives who arrested him. and laughed.
II wouldn't be afraid TO put myself out
OF the way. I've got the nerve. ] don't
fear death--oniy God. But the fact Is
that at times when l was broke ard
despondent might have said to Jessie
I'm going 10 kill myself never seri-
ously considered II. And as for the
electric chair have no idea OF going
there There's n good chance or getting
an easier sentence. BY turning States
evidence. mean"
The reason for the decision OF ex-Gov.
Whitman and Capt. Carey 10 come
to Buffalo Is twofold. ar calculate
here. In the first place. the plausi-
blity OF Harris's story is just as little
or as great az when ne first reeled II
off. Detective Oswald Of New York.
who was counted upon to assay II FOR
what II IN worth IL any one man could
confesses himself stumped-increduious
but stumped by the mans believe II or
not appearance OF sincerity.