Evening public ledger. [volume] (Philadelphia [Pa.]) 1914-1942, 1920-09-25
'BERCDO[[ Jurors
/ WARNED BY JUDGE
PRECAUTIONS Taken to Prevent
Efforts to influence Verdict
as Testimony Ends
FINAL PLEAS ON MONDAY

The fate of Mrs. Emma g. Bersdoll
.p6 four others accused OF aiding Grovei
and Erwin Bergdoll evade the drat
rests r with the brilliancy OF the Opposing
counsel and the jurymen's beliet In vital
Thoss bejng tried along with Mrs.
usrSJoll are Charles A. Braun, another
az lanes Il. Romig, a former maEis-
,.a,e. Henry Schuh and Albert 3.
W;,cbcll. friends Of the Bergdolls.
The defense ended at 2:30 o'clock
..tsrday afternoon In Room 303 Of
ths Federal Building. Judge Dickin-
@ am then recessed until 10 o'clock Mon:
dsy morning so the jury men would
have chance to hear both lawyers
.nm I'm their cases on the same day.
Reforc recess the judge issued un-
rsually drastic orders to the jury men
mi 10 talk Of the case. Any attempt
N tanner with them to influence the
verdict. he said, should be reported
a, once, and the court would take
stems to punish the guilty persons.
As the case stands. the accused are
uilty IL the evidence given by gov
srnmcnt witnesses is true and not
uity II the evidence given for wit
pesses for the defense Is to be be-
levcd.
virtually all who gave vital t.sti-
mony, for either side have an immense
interest in the case. Thomas Il. Furey
and iFtzhugh Lee Creedon, the two
"accs" for the prosecution, were ad-
mittedly friends and accomplices Of the
slackers.
The big witnesses for the defense
we're the defendants themselves, their
relatives, including Erwin Bergdoll
and pretty young woman characterized
as companion Of Erwin during his
fight.
Erwin was still at the Frankford Ar
senal this morning. He probably will
be taken back to the Fort Leavenworth
Jail sometime today. This, however,
depends upon permission being granted
by United States Attorney McAvoy.
The defendants and Erwin freely ad.
mitte1 every part of the stories Of Cree
don and Furey except those parts which
bore out the conspiracy charges OF
showed that the defendants aided the
Bergdol draft evaders.
The young woman. Miss Nellie Ehr.
ich. of Lynchburg, Va, denied the story
duplicating her with Bergdoll on a two
day automobile trip from Baltimore tC
iuiau' 'P"'" anu ic'uiu III SonP"hy
with Furey. 80.
The jury will have to weigh over in
their minds the evidence given and ther
balance the credibility of the government
witnesses against those for the defense
The defense offered witnesses attackins
the credibilitv Of Creedon and Furey and
the prosecution witnesses to sustain II.
Much of the task Of deciding the jury
men S mind will lay with Theodore Ian,
Bean, counsel for the defense, AM
Charles ID. McAvoy, United States dis
trict attorney in charge of the prosecu,
tion. when they sum up their cases IL
their addresses Oh Monday.
Bean Brilliant Talker
Mr.. Bean is a brilliant talker. He ha,
shown that many times during the fiv,
dars Of the trial. Mr.. McAvoy does no,
rise to the same heights of orator!
achieved by his opponent, but he is ,
calm. convincing talker.
After tcstifying in behalf of hi
mother and the other defendants yester
day, entirely absolving them of al
blame. Erwin was packed into an auto
mobile and hurried to the Baltimore
Ohio station. where he and severa
guards. all armed. boarded train TO
the military prison at Fort Leaven
worth, Kan, where he is serving four
year term for dcsertion.
One Of the guards wns shackled to tn
prisoner. During his stay here. he wa
confined in the guardhouse at tn
Frankford Arsenal at night to proven
repetition of the escape Of Grover.
Before leaving he said he was gla'
to return to the prison. His mothe
bore out his statement and said he wa
better pleased with the food and accom-
modations at the prison than he wa
with the accommodations he was force,
to endure while a fugitive.
He gets clean sheet once a week
and the food is good" she said. "He
glad 1t is all over and has received bet
ter treatment there than he did here"
Judge Dickinson. In his directions Il
the jury before they go out to reach
decision. is expected to order them L
disregard entirely the melodramatic
introduced into the trial by the defense
These included the frequent tears o
Mrs, Bergdoll and her son and thei
meeting in the courtroom yesterday.
on every other day she met him in tn
once OF the district attorney and entere
inc courtroom with him. Yesterday sh
arrived first and when he cntere
shnckled to guard. ran halfway across
IN" room and greeted him with hu
ana several kisses. Then the two wen