The Washington times., 1920-05-26
BERGDOLL COUNSEL
DENY PILOT" STORY
Attorneys AnseIl and Bailey De-
nounce Justice Departments
Version OF Escape.

den money last Fridhy. Ansci q
Bailey, who had acted as counsel Tor
Bergdoll. today issued statement
calling 10 attention that other promi-
nent persons connected with the case
believed Bergdolrs tale about his hid
den treasure.
The lawyers also announced that In
conjunction with ID. Clarence GID
honey. OF Bergdoirs Philadelphia
counsel, they have offered a $1,000 re-
ward for information leading 10 the
arrest of Bergdoll in addition TO the
S2,5O0 for his apprehension and de-
livery they previously had offered.
Text OF statement.
Their statement reads:
Last nights press statement Is
sued by the Attorney Generai re
Ber9dolls case carries the fnforma-
tion' that the Department OF Justice
was advised as early as April 80 that
plot had been planned whereby
Bergdoll was to get bail In hapeAs
corpus proceeding and then jump IL
The statement further says that the
inform alton of the plot came hrst 10
the War Department and then
through that source 70 the Depart
ment of Justice 1t is very remark
able that the information seems not
to have been furnished the adJutant
general of the army, the department
official expressly charged by law win
the administration of military prisons
and military prisoners, nor to the
chief of stan. nor to the Secretary OF
War. with information worthy OF
the name in their possession. they
doubtless never would have granted
the permission. and with such infor-
nation We certainly never should
n nrOh-
ably regarded at the time, even by
present wiseacrcs, as not worthy Of
notice
.It IL q trait 50 common n to be
forgivable for most of us to make the
fiattering discovery in the after light
of events that our wisdom Is much
superior to that Of those others who
have acted to their infinite embarrass-
ment. 1t is true that Mr. Gibboney
believed the story about the hidden
money: Judge Westcott believed IT;
we believed it as related to us by Mr..
Gibboney in tho presence of Judge
Westcott- The adjutant general of
the army, to whom we related II as
It was related to us. believed 1t suf-
ficiently to recommend that permis-
sion be granted: and the chief OF
staff, or the Secretary Of War. to
whom it was presented, believed IT
sufficiently to grant tho permission.
The War Department had ample pre-
cedent for granting the permission.
and, we believe it was justified in 30
doing in this case
westcott Approved Brief.
I'VE observe that Judge Westcott, OF
counsel in this case, is quoted in the
Philadelphia papers as denying the
statement contained in our applica-
tion to the War Department that he
is Of counsel in the case and as con-
graduating himself over never having
touched it When Mr.. Gibboney re-
tanned us. he informed us that Judge
Westcott had been retained in the
case in a consulting capacity some
time before while Bergdoll was un-
dergoing court-martial, and that hc
was still SO retained. Mr.. Gfbboney
introduced the Judge to us in our Of
fices as such counsel. and he has con-
ferred with us upon the case twice,
once very fully and once very briefly.
The brief which we flied with the
War Department was submitted to
Judge Westcott. who went over it
carefully. approved it. and submitted
a copy of it to the Secretary of War
inclosed in a letter which was dicta-
ted by Judge Westcott copy of
which On file IN our office Is as fol-
lows:
s~washington. d. c.
May z. 1920.
sHon. Newton D. Baker.
Secretary of War,
washington. D. C.
Ny Dear Mr.. Secretary:
~'I beg to inclose you a brief IN
the case of Grover Bergdon. The
brief is exhaustive and conclusive.
There is not the slightest doubt in
the world but that the war authori-
ties made a mistake. I am enormous
ly interested in the situation and
want IL possible, to keep the matter
out of the courts. There is very lit
tie question but that the Judge Ad-
vocate General will properly dispose
OF the case.
az hope that you are very well. 1t
has been a long time since last had
the pleasure OF seeing you. but have
kept a very interested gaze upon
your work.
"'Believe me. Very cordially and
sincerely yours,
Il incl)
Judge westcott on the occasion OF
his second visit to our office exhibited
to us the Secretary's letter in which
he pleasantly Acknowledged receipt
of the judges letter and the brief.
Nothing to Conceal.
80 far as our connection with the
Bergdoll case is concerned, we stand
in the open. We shall conceal moth
ing, we shall evade nothing, we shall
not attempt to shift any OF our re-
sponsibility from ourselves to others.
We were counsel for BergdolL The
record OF this case was before the
War Department where by law II is
required to be reviewed to determine
it's legality, and where counsel is
entitled to be heard upon that ques-
tion. We believed that he did not
have a legal trial
I'VE believed that the Judge Ad-
vocate General of the Army would
have to disapprove the proceedings
OF his court-martial: and in the event
he should not do so, we were con-
vinced that the Federal Courts, fol-
lowing the authorities, would cer-
tainly do so. We are convinced that
the Adjutant General of Pennsylvania
never drafted this man into the army
~ fnI nA his n l.