New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1917-08-21
BernfeId and Cherey, on
Draft Board 50, Plead
Guilty to Fraud
Gruher's Trial Starts
Court Refuses to Fine Men,
Saying u. S. Would Not
Take Tainted Money


emption Board 90, were sentenced TO
two years in the Federal prison at At
lapta Yesterday. Only ten days had
ELAPSED since their arrest, and 1t was
hardly a week ago that indictments
we're voted against them. .
The defendants, both Of whom nae
PROTESTED their innocence all alohg'
surprised the court By entering pleas
Of guilty TO the indictment charging
conspiracy to defeat the CONSUMPTION
act.
Returned Most of Bride Money
In making a plea for leniency their
lawyer brought out the fact that they
have returned most Of the money ac-
cepted as bribes-amounting to about
$4,000 in all-and that most OF THIS
money was taken from men who would
have been rejected for service on physi-
cal grounds, anyway.
Kalman Gruher, mechanical dentist
and alleged gO-between, also indicted
on the conspiracy charge, pleaded not
guilty and was placed on trial at once
Judge Martin T. Manton insisted that
the same speed be maintained IN his
case. and il is probable that it will be
given TO the jury this morning.
The specific charge on which h.
Henry Rosenberg entered a plea OF
guilty in behalf Of Bernfeld and Cherey
was thaht Of accepting bride Of $500
from Jacob Liecher. With the consent
OF the United States District Attorney
another charge of accepting $500 from
J. Schwirsky was not pressed.
Assistant United States District At
tornev Edwin VI. Stanton informed the
court that the men had consented 20
enter a plea of guilty on Saturday. lie
said that Dr.. BernteId had borne
good reputation, but that that OF
Cherey, former chairman OF the ooard,
was not so good. Any thought OF
leniency was strongly opposed by AS
sistapt United States District Attorney
John c. Knox.
United States Refuses Tainted Money
"Tbese two men are above the aver
age in intelligence" he said, and each
has had the advantage OF education.
They can offer no excuse on this score.
The government has no desire 10 accept
tainted money from these men IN the
form of a fine, but il does insist that
they be obliged to give up 10 the IA y
a portion Of the span Of life which mas
been allotted 20 them. We urge, there
fore. that the maximum penalty be IN
posed upon them in the matter OF IN
prisonment.'
Judge Manton pointed out that the
maximum penalty was imprisonment
for two years and fine Of $4,000.
"As the Assistant United states DIS
trict Attorney has stated" he said,
"the government does not wish 70 &C
cent tainted money in the form Of a
fine. These men plead guilty TO hav-
ing committed a most heinous crime
against their government in time Of
great stress. They can be credited
with only one act of decency in con
nection with this matter and that Is
their paying back some Of the money
they accepted as brides and their eX
pressed intention OF repaying the bal
ance."
Go to Atlanta in q Week
Sentence was then imposed and, a
the request Of Mr. Rosenberg, the de
PENDANTS were allowed one week II
which 70 arrange their affairs botor
being taken to Atlanta.
In less than an hour later q jury hat
been selected and Gruher had bseI
placed on trial. The first witness wa
Abraham Leicher, of II Cannon Street
upon whose information the Depart
ment of Justice launched its investigs
-. 10 fraHv e ls.I
said he had been approached by Gruhe
on August and was told he might b.
exempted by paying $500 70 DR.. Bern
field. he said that after he had BEEF
passed by the board as physically Fl
DIR. Bernfeld told him he might be ex
empted after an examination by an ey
specialist He would have 20 paw Sl5
20 the specialist, he was told, and Sl5
20 DR. Bernfeld. He said he then re
ported the matter to the Federal au
thoritics
Leicher also testified that he late
talked TO Cherey and that the latte
offered 20 have his brother, Lewis Lei
cher, declared physically unfit for 5000
Lewis Lelcher was then called. II
testified that he was positive he hear
his brother tell Gruher that he wante
him, Gruher, 70 introduce the witnes
20 DR.. Bernfeld to arrange for exemp
ton.
Pasquale Piguiuolo. a special agen
OF the Department OF Justice. told o
overhearing telephone conversation
between Abraham Leicher and Gruhe
over a telephone extension placed i
the Offices Of the Department Of Jus
ticc. He said lie heard Leicher tel
Gruher he wanted 10 arrange TO hav
friend exempted, but that Gruher re
piled u was matter he could not dis
cuss over the phone.
After the government had rested il
case, Attorney |. f. Schlesinger, repre-
senting Gruher. moved 10 have the In
dictment quashed and, failing in thi,
asked for an adjournment. but thi
also was denied by Judge Manton.
Gruher Denies Guilt
Gruher took the stand in his own d.
fence. lie said DR.. Bernfeld had bee
his family physician for twelve year
but that he did not become acquAinte
with Cherey until August last. II
testified that he introduced Leicher {
DR.. Bernfeld at the formers reques
and denied that the question OF none
had ever entered the conversation.
The defence suffered setback whe
Cherey was summoned 20 testify 70
the defendant. In his opening stat,
nent Mr. Sehlesinger had announce
that he would call Mr.. Stanton as
witness 70 prove that DR.. Bernfeld ha
exonerated Gruher from completely
the bribery charges.
"In the absence Of my counsel" sal
Cberey. 81 decliae % answer on IN
ground that IL might incriminste me !
relstion 10 the other indictment penc