New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1920-08-11
Feared to Kill
Alien Relatives.
Bergdoll Plea
Chairman of Draft Board
Tells Court Martial of
Visit Made TO His Home
by Erwin AND Two Others
Excuses Were Disallowed
Not Guilty Is Answer of
Prisoner TO Charge of
:, Evading Service in Army

Erwin Rudolph Bergdoll, millionaire
draft dodger of Philadelphia, evaded
service with the United States forces
because he did not want to "shoot
any of his relatives on the other SIDE"
according to testimony given at his
trial, which began yesterday before
general court martial in Corbin Hall,
Governors Island. Erwin is the brother
of Grover C. Bergdoll. who was SEN
fenced to five years Imprisonment for
draft lodging, but later escaped from
military custody.
The statement that Erwin was ad-
verse to shooting his German reiatives
was made by William S. Ellis, n lawyer
OF Delaware County. Pa. who was
chairman of Local Board No. 8 in that
county during the operation of the
craft laws.
Replying to questions by Lieutenant
Colonel Charles c. Cressor, who is
conducting the prosecution, Mr.. Ellis
said:
Erwin Bergdoll came to see me at
my house the evening before he was
called up for medical. examination. He
was accompanied by two other men,
one George Deaves and the other A.
Hall. his brother-in-law
"Deaves said they had come to see
whether Bergdoll couldn't be excused.
| said | did not see why he should.
Then they said they thought Erwin
Bergdoll did not want to shoot any
ne were obliged to join the army.
81 told them that he was an Amer
lean citizen, subject to the draft and
as such there was no valid reason
why the decision of the board should
be reversed"
Failed to Report for Examination
Under examination by Captain
Ambrose Clougher, counsel for the
accused, Mr.. Ellis stated that both
Deaves and Bergdoll had promised the
accused would present himself the fol-
loving day for medical examination,
but this promise had never been kept.
The examination had been set for
April IS, 1918
Erwin .Bergdoll was marched across
me island before an armed sentry. He
walked with an uneven and uncertain
gait, prompted by the gruf orders of
the sentry. At the entrance to the hall
number of photographers ATTEMPTED
70 take his picture, but he raised his
hand 10 his face
Inside the courtroom the officers
forming tae general court martial sat
around table. Colonel Villain II. AL
lalro, president of the court occupying
char IN the center Bergdoll walked
sat, and then listened while the charges
AGAINST him of violating the fifty eighth
article OF war were read. Then in re-
spouse to the court, in firm voice
ne replied Not guilty"
The orders converting the court were
read, and then number of routine Wit
Aesses were called to establish undis-
9uted facts in the case, chiefly concern
ing the official document. In this con-
rection Louis Rosafv, q clerk in the
W az Department, and Samuel I. Pen
cost, chief registrar Of Maria, Pa, were
called.
Exemption Claims Disallowed
Mr.. Ellis, however, was the chief wit
ness of the day. He testified to having
examined Erwin Bergdol on his claim
Tor exemption on the ground of being
engaged IN farming, and the manufac-
ture OF automobile parts. This claim
was not allowed by the board, and on
April 8, 1918, Ellis wrote to the Dis
trlct Attorney at Lancaster. Pa, as
signing the following reasons for dis
allowing the claim
"Bergdoll had ample means. and was
rot dependent upon his farm.
He showed very little KNOWLEDGE of
farming.
His claim that the farm produced
$1,000 worth of produce above what was
consumed on it was not substantiatcd.
Bergdoll was automatically entered
in the United States Army when delin-
quent order 20,963 concerning him
Went into effect in May, 1918 Police
Captain Edward T. Halisey Of Havcr-
ford Pa. was then requested &c apprc-
bend Bergdoll After a few days the
latter wrote to Mr.. Ellis stating that
Bergdoll's place had been closed, and
The trial will be continued TODAY.