Evening public ledger. [volume] (Philadelphia [Pa.]) 1914-1942, 1920-03-04

| New York tomorrow, he claimed, took
IL from the military authorities.
A suit against Bcrgdoll entered for
| draft lodging in Pennsylvania In De-
cember. 1918, was for the same ofense.
| he said and Grover could not be held
liable TO both the civil and military au-
thorities, he claimed.
Judge Hand allowed this court.
martial TO 60 on despite the granting of
the writ" Weinberger said.
He was wrong. This court martial
is illegal. BY law Bergdoll now is
civil prisoner because Of the writ and
cannot lega ly be tried by court. martial.
II almost Is imperative that a stay be
granted. The governments case can.
not be injured by delay until Growers
status is determined.
Waste For Both Sides
1T would be au expensive waste for
both sides. The fact that the Depart.
mcnt of Justice has entered 40 informa.
ton in the United States District Court
Of the eastern Pennsylvania district on
February 10 since his arrest shows that
there is some doubt in the prosecution
mind Of the validity Of the proceedings.
The case Of Bergdoll is not an cx.
ception. There are about n quarter OF
a million others in the same boat Why
was Bcrgdoll selected and singled out
for prOsccution?'
"llow about Jack Dempsey" mem.
Dor of the prosecuting counsel inter
ruptcd "Bergdol was moved to stay
away from the draft board because Of
the threats made by members OF the
board ask that the stay be granted"
WeinbCrgcr concluded.
The court martial sitting on his case
is one to cause Grover much worry
when he considers the character aud
previous service Of the men constituting
the personnel. Most Of the officers who
will sit in judgment on his offepse are
men who saw active service with the
American army during the war aud
have little sympathy for men who de-
liberotcly lodged responsibility. The
court in addition to those mentioned
are:
Colonel Allarc. an infantry officer
who served as brigadier general and
provost marshal in France. In tho
after capacity he came in contact with
many violations Of military law and
saw how they were punished. Colonel
Colonel William T. Wilder. who
served as u major general in command
Of the American cxpeditionary forces in
China.
Colonel Samuel c. Jones. cavalry
officer. who saw lengthy service with
tho American forces in England.
Colonel John l.. Bond, who com.
manded a regiment at Camp Meade. TO
which Bcrgdoll would have been sent
had he answered the call for the draft
Colonel Robert II. KuoX. who com.
manded an infantry regiment in thc
heavy fighting along the Marnc river.
Major William 4. Carleton. another
acting 4. L. L. rcgimcntal commander.
who saw and experienced all the hard
ships and dangers Of war.
Lieutenant Colonel Charles c. Crcs.
son. an expert on military law, was
Judge advocate in charge Of the prose-
cuticn.
Captain Hannay will be his chief
assistant. Captain Campbell will act
as military counsel for tho defense.
Major William +. Kelly, n Phiadel.
milan. will act as reviewer of the case
after the court martial finds its verdict.
Major Kelly will have tue power of
approving or disappearing the finding.
with the privilege Of throwing out the
entire proceedings and ordering another
trial if he believes such action justi-
fed.
Major Kelly is graduate of St. Jo-
seph $ College, 1905, and of the Uni
vc-sity Of Pennsylvania law school.
1909. and is conversant with many of
Bcrgdoll's earlier cscapades which won
him notoricty before he lodged the
draft