Evening public ledger. [volume] (Philadelphia [Pa.]) 1914-1942, 1920-03-17
Ordered 20 Stand Up

Ordered 10 Stand Up
Colonel William II. Allaire, presi
dent of the court, then ordered Bergdoll
TO stand up. The Stacker did. He hung
his head and looked in another direc
ton as Colonel Allaire read of the
charge.
After the conference Bergdoll, ap-
parently calm, walked into the court
room. Captain Campbell had his arm
over the draft dodgers shoulder. Berg
doll seated himself in the chair reserved
for him, with Campbell on one side aud
Gibboney on the other.
Colonel Cresson then announced that
the prosecution was ended. He reported
to the court on the results obtained for
the defense by the subpoena sent out,
and asked IL II would cause any delay.
The defense is satisfied with the
status of its Witnesses" Weinberger
arose to say. Then he made way for
Gibboney, who made the announcement
that no witnesses would be called for
Bergdoll.
The action was so unexpected
Weinberger had repeatedly told of the
number of witnesses to be called and of
the sensational nature of their testi-
mony--that Colonel Cresson asked that
court be adjourned a few minutes to
give him and his assistants time to
study the new situation. Captain Camp
bell urged that during the adjourn
ment the board should discuss the case
and give the defense some idea of the
maximum penalty that could be in
tictcd If Bergdoll was proved guilty.
Calls Request Out Of Order
That request is entirely out of or
DER Colonel Cresson retorted. 1T
is illegal. The board is not entitled to
give any ruling on sentence until it
returns its formal verdict
That may hold good where plea
Of guilty has been entered" Campbell
interposed.. but this man pleads not
guilty, and he certainly is entitled to
be il his plea is not allowed" +"
The colonel told Bergdoll he was
privileged to take the stand in his own
behalf to refute any testimony offered
by the prosecution or to offer any ex-
PLANTATION he could for his alleged ac-
ton.
DO you want to exercise that priv
iIcgeE he asked Bcrgdoll.
No, BergdoIl replied in a tone
hardly above whisper. He was
prompted by Campbell who stood on his
right and Gibboney on his left. Then
they resumed their seats.
The court room was cleared then
while the court martial board considered
the newest angle of the case. which has
been full of complexities and legal ques-
tions ever since the arrest of Bergdoll
in his mothers home on January Z. At
] 80 O'Clock the board still had the
matter under consideration.
Doctor Eldridge Answers Summons
DR.. Thomas Il. Eldridge, of Vine street
near Nineteenth, Philadelphia, was the
only witness for the defense to answer
the subpoena in person. The Rev. ii.
NJ. Huff, 1925 Woodbir.c avenue,
answered by telegram that he would be
unable to attend because of the serious
illness of his father. Dr. Francis y.
Dercum, ncurologist to President Will
son, who was subpoenaed, was released
by telegram last night at the request of
Wcinberger. Doctor Dclcum examined
and pronounced Bergdoll sane when the
slackcr's brother tried to prove him in
sane in 1915.
Joseph j. Coylc, president of the
Phoneix Trust Co., formerly the North
Penn Bank. and formerlyAa state sena.
tor. did not acknowledge his summons.
No report was obtained from Drs. NJ.
s. Gregory and s. Il. Jelliffe, New York
specialists, who examined the defendant
Arguments of the attorneys involved
in the case is the only thing remaining of
interest. Each is expected to take
several hours in summing up.
Colonel Cresson will carefully 90 over
the evidence showing Bergdoll's legal
induction into the United States army
and his wilful and planned deser-
ton.
Weinbergcr. who has been carefully
nursing split lip for several days to
allow him to b" NJ his best fn" his
supreme effort of the court martial. is
expected TO lay particular stress on
Bergdoll's physical condition.
The fact that the induction order