Evening public ledger. [volume] (Philadelphia [Pa.]) 1914-1942, 1920-09-20

McAvoy scored again when the court
overruled Mr.. Beans objection to the
admittance of evidence from Mr.. Ellis 10
the effect that the police were notified
Of the flight Of Erwin.
While the testimony was being heard
Mr.. O'Connor sat with Ar. Walnut
near Mr.. McAvoy and aided him.
Mr.. O'Connor Ia member Of the, bar
at Albany and a Cornell graduate, Nav
ing taken up investigation work as a
wartime task only. Colonel Cresson also
was member Of the board Of strategy.
Prosecution Builds Up Case
Adjutant General Beary was one Of
the witness this morning for the com
monwealth. He testified that he had
no personal knowledge Of the Bergdoll
case, and was excused for the time
being.
Mr.. Bean made a statement of the
line of defense which he would follow
during his cross examination of Ad-
jutant General Beary. .....
Mr.. Beans contention will be that
neither Grover nor Irwin was ever pro :
perly inducted into the service, and
therefore the charges against the six
defendants Of aiding and abetting q
desertcr must necessarily fall. lie laid
great stress upon the rubber stamp"
defense, and asserted that the personal
signature Of Adjutant General Beary
to the induction certificate was requi
site, and that this authority could not
be delegated to deputy or clerk.
The last witness of the. morning was
Major William G.. Murdoch. who testi-
fed he had active charge Of the draft In
Pennsylvania during the war. He too
testified that Erwin Bergdoll's Undue.
tion card was not signed by him but
by q clerk named Heckert.
Judge Dickinson suggested the testi
mony Of the clerk should be taken, ant
Mr.. -McAvoy called for him. He wa,
not in the room. Mr.. McAvoy sale
Heckert had been subpocnaed anc
would bep resin this afternoon.
| At this point Judge Dickinson ad
journcd court until 2 O'clock.
Mrs. Bergdoll Cares Lunch
Mrs. Bergdoll remained in the court
room during the recess. She had sand
wiches brought in and made her lunci
In her place. She had no conversation
either during the trial or at the rcccs,
with her son. Charles, or with Romig
The fact that Erwin Bergdoll was
being brought here from the military
prison at Fort Leavenworth. Kansas
where he is scrving his four year sen
tence. was a surprise made known to
day by Mr.. McAvoy.
It is in line with Mr.. McAvoy'.
| policy Of bringing every bit of evidenc,
possible against the defendants and pro
ups by his witnesses by having ,urir
identify Erwin when possible bcfor,
giving evidence.
II can't say Just what intend tc
do with Erwin" said Mr.. McAvoy
"At first it was not my intention &c
have him here. as he already has beer
sentenced to four years imprisonment
At the last moment. however. I decided
to send for him and he Is on his way
from Fort Leavenworth in charge Of q
military guard"
Romig Assails Gibboney
When Romig was informed that
Gibboney was slated to testify against
him. he entered TRADE against hin
saying that Gibboney had double
army guards.
The first intimation coming from
Romig that the sensational escape o
Grover from the two armed guards wa.
part Of finely laid plot was mad,
when the former magistrate declared
that Gibboney made me the goat
| II have made Gibboney my chief wit
ness. nevertheless. because he will tes
tify to things in my behalf unknown t.
anyone else," Romig added.
! why didn't the grand Jury indie
him as we'll as 1t did Schuh, Mitchell
and the rest of us?
That was a slick piece of work h,
pulled on me when he left Grover In m,
custody the day before he escaped.
I'VE were all In the machine nm,
when something went wrong with tn
engine. Gibboney told me to direc
Stecher to the Bergdoll house and ge
1t repaired.
ITS funny. Why. Stecher kne,
every brick along the road and didn'
need any directing on my part. Mayb
the two army guards did, however.
That's a fine trick, all right. an
Gibboney was nowhere near the hous
when Grover made his escape wit
Stecher and, of course was put /;