New-York tribune., 1920-03-07
Counsel Tells
Why Bergdon
w ent on Tour
Youth Was Suffering From
Unconstitutional Psyche
pathic Inferiority,'' Says
Defense at Court-Martial
Lawyers Often in Clash
Prosecution Expects to
Prove Desertion Charge,
Colonel Cresson Asserts

One Of the reasons why Grover Cleve-
land: Bergdoll, wealthy draft evader,
took spin over the continent in his
big touring car in 1918, instead of re-
porting to his local board, was because
he was suffering from constitutional
psychopathic inferiority."
Such was the statement Yesterday
by the defense when the young Phila-
delphian was brought before the gen.
eral court-martial at Governers Island
for continuation Of his trial on the
charge of desertion. It was explained
that the malady from which he was
said to have been suffering could be
more accurately described as mental
inability to cope with ones environ
ment."
Colonel Elmer A. Dean, a member of
the medical board appointed to test
bergdol's sanity, was asked by Lieu
tenant Colonel Charles G. Cresson, con-
Quoting the prosecution, if he thought
the defendant was a victim of anv
such ailment
IL never knew Of real case Of con-
stltutional psychopathic inferiority,"
replled the army surgeon. ri regard it
as waste basket in which alienists
throw cases of mental inferiority."
May Be Long Trial
Developments indicated that the trial
OF Bergdoil would be long one. The
iow-ceilinged room in Corbin Hall was
crowded when the morning session
opened. Frequent clashes occurred be-
tween Colonel Cresson- and Harry
Weinberger, counsel for the defense.
Inc court was cleared about twenty
times to allow rulings to be made on
objections offered by both sides.
bergdoll, completely surrounded by
legal talent, was his cool and collected
sell. He smiled several times during
verbal tits of counsel, but seemed to
take only mild interest in the de-
velopments.
!, at the morning session it developed
that in 1915 DR.. Francis x. Dercum. of
rhiladelphia, who attended President
Wilson, had declared the young Phila-
delphlan "sane but shy" The opinion
OF DR.. Dercum was contained in the
report Of the medical board that tested
bergdolPs mental capacity. The ex-
animation of Bergdoll was made by DR.,
Dercum when the defendants brother,
Charles Bergdoll, made an attempt to
Growers 100000 estate. Bergdoll was
later declared competent.
IN outlining the governments case,
Colone! Cresson declared that the only
issue involved was whether the ac-
cused was guilty Of the charge of de-
sertion. He said the prosecution would
attempt to prove that the defendant
was in hotel at Hagerstown, Md, on
August l, 1913, registered under an as
sumed name, at the time the defense
alleges he was frightened away from
his home In Philadelphia.
Expects to Prove Desertion
Colonel Cresson said evidence would
be introduced to show that Bergdoll
was regularly inducted into the mill
tary forces of the United States and
was subject to the laws and regulations
of the army and that the charge of de-
sertion would be proved.
Attorney Weinberger contended that
there was no evidence to show that
Bergdoll was in the service and moved
that the notification card sent to Berg
doll summoning him to appear before
the draft board had been signed with a
rubber stamp and not with pen and ink.
Counsel for the defense described this
objection as ridiculous and absurd
and the motion was overruled.
Louis A. Rosafy, chief of the selec-
tive service records division of the Ad-
jutant Generals office, and John P
Dwyer, editor of "The Philadelphia
Record" were placed on the stand by
the prosecution in the afternoon.
While} Rosafy was testifying Colonel
Cresson produced Bergdoll's registra-
tion card. 1t was admitted in evil
dence. 1t showed that the Philadel-
phian was born October 1S, 1893, had
no dependents, was physically able 10
perform military service, and was a
farmer and manufacturer Of automo-
biles.
Mr.. Dwyer testified that he was the