New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1917-08-16
Cherey and DR.. Bernfeld
Notified to Appear Before
Federal Judge Hand
To Answer 2 Counts
Kalman Gruher, Alleged Co
Between, Will Also
Enter Plea

gramme TO follow the returning OF IN
dictments yesterday against Louis D.
Cberev and DR.. Samuel J. Bernfeld,
deposed exemptors of Local Board w.
and Kalman Gruher, alleged to have
been their go-between in the barter
and sale of "hon'rable discharges
from the draft
Notices were served on the three
last night by Assistant United states
Attorney John c. Knox. VINO Will d.
rect the prosecution, to appear before
Judge A. n. Hand in the Federal DIS
trict Court this morning and enter
their pleas. If the plans of Mr.. Knox
carry. the case will go to trial early
next week.
Penalty Is Two Years
One of the two indictments to which
the late draft officials must plead ac-
euses them of having eonspired with
Gruber to violate Section Of the Sc
l.ctive service law. If found guilty
all three will face imprisonment Tor
two wears, payment of fine OF $lo'oVO
or both.
Gruher is left out of the second IN
dictment. in which the Federal grand
Jury charges that Cherey and Dr.
Rernfeld took bribes-specifically that
while acting in an official capacity ior
the United States they accepted money
TO influence their decision. For TINS
offence the punishment prescribed Is
three years Imprisonment, a hne OF
three times the amount of brides taken,
or both.
Great as is the confidence Of Mr..
Knox that he will obtain conviction
his remark last night was 81 never felr
more sure of :. case in my llfe'-the
government has been unable thus lar
to close its circle of evidence around
other local board members under
suspicion of having capitalized tneir
positions. This was admitted by Mr..
Knox when rumors current IN the
Federal Building concerning the I'M
minence Of arrests in other quarters
were brought to his attention. How
ever, there has been no let-up on the
efforts Of the Department Of Justice
Investigators to get to the bottom OF
each OF the thousand and one tips that
have come to them.
In the conspiracy indictment it is
charged that Bernfeld and Cherey
agreed with Gruher, a dentist, that
they would knowingly and wllfully
make certain false and incorrect phys
zeal examinations, exemptions, enlist
ments. enrolments and discharges OIL
persons called before them for eX-
aminations and should wlltully ana
knowingly make false statements as 70
the fitness and liability OF the persons
so summoned under the law Of May Is
LAST and should fail and neglect fully
10 perform the duties required OF them
in execution of the law
Men Are Free on Bail
II is further recited that on August
Gruher called on Bernfeid at his Of
fee, 273 Rivington Street, and there
with Cherey had a conversation IN con .
sequence Of which Bernfeit demanded
s3o0 from Abraham Leicher.
In the second indictment the two
one.time exemptors are alleged 10 nave
accented a bride of $500 from jacob
Swirsky, in consideration OF dis
charge. Bernfeld, Cherey and Gruher,
who were arrested Saturday and week
ended in the Tombs, have been free on
$4,000 bail each since Monday.
While the Federal mills were grind
ing toward the indictments, the new
exemptors who have taken hold IN
Board 99's district, were getting some
results which may be used IN court
later to illustrate how hard II went
with those who didn't take the hint to
"call and see the doctor
For mysterious purposes OF their
own-which on close scrutiny DO not
appear mysterious at all-the succeed
ing exemptors began by reeXaminlng
men who had been passed by the ola
board as physically qualified for mill
tsry service. Out OF eighty-iive VINO
had been gone over by nightfall, eignt
only needed cursory inspection 10 De
rejected as "impossibiS Two were
hopelessly over weight, three hopeless
ly under; another lacked twenty teetn
and had heart trouble, and the hearts
Of the other two were palpa5ly not the
Kind that take soldiers over the top.
Most Of the eight, too, had nat ieet.
Boards TO Have Attorneys
Max Slender is chairman Of the
new board, DR.. Louis Spannler, medlcai
member, and Louis BIrnbak, clerk. me
names OF the three were displayed on
a big sign which graced the 'front.' OF
the "99" headquarters at Lewis ana
Riyington Streets when they were re-
opened for business. The board IS be.
ing assisted by Louis Barnett, one OF
the volunteers who. under the tutelage
Of Roscoe S. Conkling, director OF the
city draft. have become expert IN the
routine Of CONSUMPTION.
An the local boards Of Manhattan
and the Bronx and most OF thoSe III
the other boroughs will have present
through their sessions to-day a special
United States Attorney whose duty IL
will be 20 carrv appeals 70 the disulct
hoard on behalf Of the government and
20 trace down complaints received
against supposed slackers.
Tho LAWYERS are volunteers, PROVIDED
through the war committee OF the As
soriatiou Of the Bar Of New York City
Al meeting in the Bar Association
rooros Yesterday l22 Of the special as
,istsnts received their assignments
leaving sixty.seyen places yet 70 be
Mr. Conkling was on hand 70 explain
20 the lawyers that they themselves
had been drafted" and that they must
n need be, neglect their own practice
IN pursuit Of duty.
zone Of your duties will be 20 appeal
every case in which a discharge mas
been granted on the ground Of Deepen
dency." said the draft director. ms
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