New-York tribune., 1920-03-09
Says Bergdon's
Mother Got His
QUESTIONABLE
Postman, at Draft Dodgers
Trial, Asserts He Deliv-
cred Summons to Service
at Home of the Defendant
Girl Tells of Mailing
Board Clerk Testifies That
Paper Was Placed i'm Let
terBox; CalledPrejudiced

40 prove that the call to service
OF Grover Cleveland Bergdoll, Phila-
delphia draft dodgcr, was dealt with
IN the same manner as those of mill
lions of other young Americans during
the war, the government, at the trial
OF Bergdoll before the general court
martial at Governors Island yester-
day placed two important witnesses on
the stand. One was the young woman
VINO attended to the mailing of Berg
dolls questionnaire; the other was the
postman who delivered the question
salrc at the draft evader.s home.
Since the opening OF the trial last
week counsel. for the daiense has been
asserting there was a possibility the
young millionaire failed to receive his
QUESTIONABLE. In answer to that arru-
ment the prosecution reached into the
witness room and marched out Chris
J. Halberstadt, Philadelphia letter car
r:er
What Halberstadt said provoked the
wrath of Harry Weinberger, of the
counsel for the defense. The postman
testified that about the middle of .Jnlv
90. he delivered questionnaire at
'"e isergdoll home in Philadelphia. He
said Mrs Emma c. Bergdoll, the de-
ieroant,s mother, received it, He de-
clared he had been instructed at the
rostofiice to be particularly careful
anout the deliverey of the envelope.
Postman's Action Questioned.
When the witness made that state
mcnt Weinberger leaped to his feet
How do you know the enyelone con.
tanned questionnaire ?" he asked.
y was told it did," replied the wit
ness.
! hr. Welnberger here contended the
witness did not know what the en-
velope contained and was basinp his
statement solely on what he was told.
The witness" cried the attorney
Tor the defense. 'has either lied in
saying what the envelope contained or
ne opened the envelope in violation
OF the law He then turned to Hal
berstadt.
Now did YOU" insisted Weinber-
ger, "of your own knowledge know what
thc envelope contained?"
ine witness said he did not.
Mlss Marie Gibbs, a comely young
Sir',, who served as chief clerk of the
local board that mailed the question
naire to Bergdoll, told the court she
saw Sergdoll's QUESTIONABLE placed in
, letter box. There was considerable
discussion as to the order number of
ne -oung Philadelphian in the draft.
MISC Gibbs said Bergdolps correct re- Il.
number was 1923, and that wherever s.
appeared as 82S it was due to a clerical
erEc..
Says Girl Is Prejudiced
;, The defense undertook to show that
MISS Gibbs was prcjudiced against
SaJgdoll because of the fact that John
Dwyer, managing editor of "Thc
Phlisdelpha Record" was a friend of
hers and that Mr.. Dwyer had been ac
~. IN giving publicity to Bergdoll's
delinquency
30 YOU read The Philadelphia Rec
ORC. Miss Gibbs" she was asked bv
t." defense.
Ve'y seldom. When read newspa-
pes buy the New York newspapers"
DuIIng the greater part of the after
noon session Welnbcrger argued that
hGr"doll had not been inducted into
nc military service because of the fact
iha' 'hc notification card ordering him
TO report for physical examination bore
ne rubber-stamped signature OF the
adJutant general of the State of Penn
sylvania and was not signed in pen and
INK: That argument resulted in sew
eral verbal clashes between Weinbcr-
ger and Lieutenant Colonel Charles c..
CFesson. the judge advocate
Frank D. Beary, of Harrisburg, Pa,
aajutant general of the state, was
called to the stand late in the after
noon. He will resume his testimony
when the trial reconvenes at 10 o'clock
this morning.
Captain Deter at Trial
Before yesterday mornings session
OF the trial got under way d. c. Glib
honey, of counsel for the defense, sent
n telegram to Representative Roval c..
johnson, at Washington, urging him to
attend the trial Mr. Johnson is one Of
he authors of the Johnson Chamb berlin
Dill, now pending Congress, which calls
for revision of the procedure of mill
tary court martial
Several women were present as spec
tators III the courtroom Yesterday a
spectator who manifested the keenest
interest in the proceedings was Cap
saln Karl w, Deter, who recently was
tried IN the same room before the same
officers on the charge of cruelty to men
IN ms command in France CAPTAIN
Deter said he would receive his dis
charge from the service TODAY and was
eager to don civilian clothes He has
been released from the custody Of the
court and it has been reported he was
eXoncr1tcd.