New-York tribune., 1920-03-05
Bergdon on
Trial Before
Army Court
Philadelphia Millionaire En-
joyed Lark in Tropics
While Sought as Draft
Evader, Mother Testifies
Sane, Army Board Finds

. -
Question of Jurisdiction
of Military Authorities
Will Be Argued To-day
During the time Grover Cleveland
Bergdoll, young Philadelphia million
aire, was being sought by Federal au-
tthorities for evasion of the draft law
ne was indulging in an orgy of spend
ing, inhaling the balmy air Of the
tropics and visiting all places on the
continent except those having a mill
tary atmosphere. Testimony to this
effect was introduced yesterday, when
Bergdoll was placed on trial before q
general court-martial at Governors
Island.
The report made by the medical
board appointed to examine Bergdolls
sanity was read into the record. The
board found the alleged draft dodger
sane. The report Of the board, which
was composed of three medical officers,
was admitted in evidence despite OBJ
Jections of counsel for the defense.
Lengthy testimony of Mrs. Emma c..
Bergdoll, the defendants mother, who
has stoutly defended her sons actions,
was contained in the report
Bergdoll will be arraigned this morn
Ing before Judge Hand in the United
States District Court on q writ Of
habeas corpus. The question then will
be established as to whether the mill
tary authorities have jurisdiction over
the case. 1t is the contention Of the de-
Tense that the Philadelphian never en-
tered the military service and there
fore cannot be classed as a deserter.
In the event Judge Hand does not take
the case out of the hands of the mill
tary authorities the trial will be con-
tinued before the court-martial to-
morrow morning.
Bergdoll appeared before the court
accompanied by his attorneys, Harry
Weinberger and D. c. Gibboney, Of
Philadelphia. Captain Bruce R. Camp
bell also is aiding in the defense. Mrs.
Bergdoll did not'visit Governors Island
yesterday. She will be present in
Judge Hands court to-day.
Although described by his mother in
her testimony as being frightfully ner-
vous at times, Bergdoll was very calm
yesterday. He sat through the pro-
ceedings apparently unconcerned and
seemed to be more absorbed in his
slight black mustache than in the af
fairs of the court. He fingered pen
Gil and frequently made queer jots
on pad. He wore dark suit and
striped tie.
Bergdoll pleaded not guilty to all
charges against him. The technical
charge against him is violation of the
58th article Of war, in that he willfullv.
knowingly and unlawfully, and with
intent to evade the military service.
neglected to report for examination
before draft board and remained alb
sent in desertion until apprehended.
The prosecution of the case is be-
ing conducted by Lieutenant Colonel
Charles e. Cresson. trial judge advo-
cate, assisted by Lieutenant Thomas
nay. Colonel William H. Allaire. who
presided over the court martial which
tried Captain Carl w. Detzer, is pres
dent of the court hearing the Berg
doll case
Following the testimony of Major
Amos T. Baker, psychiatrist at the
United States Disciplinary Barracks.
who was member of the board exam
ln'ng the mental capacity of Bergdoll,
the report was read into the record
Major Baker, in testifying, said that
Bergdoll had been examined and had
been found fit in every way to perform
military service.
Bergdoll always has had an insatia-
Dle craving for automobile racing and
aeronautics, according to the testimony
Of Mrs. Bergdoll, contained in the med
zeal boards report. He frequently
burned UP the highways" around Phil
ade!phia, his mother stated, but on
many occasions was arrested because
the "cops had it in for him." Follow
ing rather serious automobile acci-
dent in which he participated, Berg
doll, according to his mothers testi-
mony, was sent to Jail for three
months, and while there studied law
and learned to chew tobacco. An in
structor was sent to his cell to aid him
with his law studies.
at the age of sixteen Bergdoll his
mother said, took up flying. He in
terested himself in the manufacture of
engines for airplanes and used consid-
cradle money in this way. Mrs. Berg
coll described her son as an automobile
driver who had q mania for speed but
not as g reckless driver. When he be-
came sixteen, according to his mother,
Rergdoll inherited fortune estimated
at between 100000 and $800,0OO From
the time he was sixteen until he
reached manhood he was given an al
l.owance of $4,000 a year for his "inci-
dental expenses"
During the time the trial was in
progress yesterday at Corbin Hall, wit
nesses who have been summoned to
testify against Bcrgdoll were swarm
ing into the rooms outside the court
room. These witnesses include various
agents of the Department of Justice,
Philadelphia police, Philadelphia draft
beard officials and young women who
were employed as draft board clerks
and who aided in trapping Bergdoll.
In presenting his argument before
the court yesterday Weinberger de-
clared that Bergdoll had been scared
away from Philadelphia by the actions
Of the draft board.