Evening public ledger. [volume] (Philadelphia [Pa.]) 1914-1942, 1920-03-17

of Bergdoll was rubber stamped with
the name OF Frank -. Bcary, adJutant, :,
general OF Pennsylvania, and not signed
In pen and ink. will be another strong
motif in his plea. Throughout the trial
he has contended--and been overruled
consistently--that rubber stamp is not
a signature, and not an adjutant gen
eral and therefore Bergdoll never was
n Soldier"
Colonel Allaire's full statement to
Bcrgdoll when the accused was stood
up before the court follows:
You, the accused, are informed that
you have the right to testify in your
own behalf, subject to cross -examina-
ton; to offer any evidence In denial or
explanation, or in contradiction OF the
charges against you.
IF you testify in denial or explana-
ton OF the .offense, the scope of your
direct examination will be considered
to be the whole subject of your guilt
or innocence of that offense, and any
fact relevant to the issue Of your guilt
or relevant to your credibility as wit =.
ness, is properly the subject Of cross
examination. and IL you testify In your
own behalf and fail to deny any act Of
an incriminating nature which the evi
dence OF the prosecution may tend to
establish against you, such failure may
not only be commented upon BY coun-
gel, but may be considered by the court,
with all other circumstances, In reach
ing their conclusion as to your guilt or
innocence.
You may also make an unsworn YER
bal or written statement Of the case
which may consist of brief version or
summary Of the evidence, with such ex-
planation or allegation of motive, ex-
cuse, matter of extenuation, or such
matter you desire to offer.
Bergdoll Says Hc Understands
"1t also may embrace with the facts
presentation of the law. Such state
ment is no testimony and is therefore
not subject to cross examination. But
as personal defense or argument. how
ever, it may aud properly should be
taken into consideration by the court,
You do not have to do either, and your
failure to do either will not create any
presumption against you.
do you fully understand all that I
have said to your"
"Yes, sir" Bergdoll said, weakly.
Knowing these rights, do you wish
to testify, or to make any statement Ia
your own behalf, or to do either?" Col.
onel Allairc asked.
NO." Bergdoll almost whispered.
Then he corrected himself to a still
weaker "No, sir" at the prompting of
Captain Campbell.
Bergdoll's apparent chance Of escap-
ing the penalty of his action is In
about the same status it was several
days ago, when Colonel Cresson said
the slacker's chance of escaping punish.
ment was just about as good n betting
as that ''of the well known
SNOWFALL in hadcs.'
When the court adjourned temporarily
Bergdoll went into an ante room with
his mother. It was next to the room
in which the momentous conference had
taken place earlier.
Stacker Shows Fright
Bergdoll was frightened. His mother
consoled him the best she could. The
armed guard who watched Bcrgdoll a,
the time afterward said she was the
'gamest" member of the Bergdoll flock.
She repeatedly hugged and kissed her
son.
She was particularly interested and
indignant when he told her Of Colonel
Cresson's request that he be imprisoned
for long term Of years.
Mrs. Bergdoll arrived on the island
shortly before 10 o'clock. She was ac.
by Gibboney and Romig.
Doctor Eldridge was on the same boat.