Evening public ledger. [volume] (Philadelphia [Pa.]) 1914-1942, 1920-08-10
|bERCDOLL'S TRIAL
| |S|STARTED IN n. Y.
Cor Cresson Predicts convic.
Ion Of Rich Stacker Who
Evaded Law for 3 Years
MANY WITNESSES CALLED
Bp q star CorrcSpmd.nt

o'clock this afternoon.
Bergdoll is being tried for violation Of
tho fifty eighth article of war. DE
sertion In time of war;" the penalty for
which Is "death or any other penalty
J, the court martial may direct"
The rich Stacker, surrendered himself
to the military authorities here last
month after being a fugitive for more
than three years. Since tnar time he
has been confined in Castle William, the
post inil.
Bergdoll is being tried in the same
& room in which his brother Grover faced
I similar charge and was convicted last
winter. Grover was sentenced TO five
& years. but later escaped and has not
been recapturcd.
~ Erwin's voluntary surrender is eX-
pected to react in his favor and "A
punishment less severe than that of
Grover. probably. not more than four
yeSrs, N predicted.
But Colonel Charles c. Cresson. trial
judge advocate. in charge Of the prose
cution, says the charge against Erwin
will be pushed with the same vigor as
the court martial of his brother.
N The doughty colonel whose fighting
prosecution featured the court martial
Of Grover. would make no statement as
to the sentence he would ask. He asked
thirty years for Grover.
Many Witnesses Called
In completing hiS case. the colonel
has called more than score Of wit
riesses. among them several who knew
Erwin when he was one of the coun
try's foremost automobile racing drivers
and his name the symbol of gamenPSs.
Captain, Robert +. Hannay and
Lieutenant Thomas l.. Hcfteruan. who
( aided Colonel CresSon in the other
Bergdoll case, are associated with him
In this one. They have exceptionally
fine records.
Z One of the irouics of Erwin's court
martial is the calling Of James T..
Romig. former Philadelphia magistrate,
asa witness for the prosecution. Romig
Is d close personal friend of the Berg
Z doR slackers and Mrs. Emma e. Beg
dog. their mother.
His afiliation is much stronger than
thdt of some Of their immediate relatives
an& he has been indicted twice for aid
iu& them to avoid the draft. Colonel
Crfsson would not divuge what he Cx
pe{ted Romig to tell.
But "Pumphandle Jimmy" so called
blythe soldiers here because of his pro
notnced handshakiug prociviticS. is said
to have been subpoenaed to testify to
Ersvin's various hiding places during
the time he was fugitive.
komig accompanied Erwin to the
island when he surrendered. Charles
Braun, brother who changed mis- name
because OF the notoriety attached t. il,
coppletcd the surprise party.
A Hall, II brother in law of Erwin.
NJ pnother witness Colonel trcssOn ,ub
poknaed. The nature of his evidence also
is kept secret. Both he and RCmig.
however. are expected to bc QuzzCd or
the present hiding place of Grover.
Hall Changes His Story
II Halls connection with the case was
made known definitely today. Colonel
Crtsson was c!oScted with him for al
most an hour.
Previously, Hall had maintained that
he had not seen Erwin for two months
previous to his flight. When confronted
by, William F. Ellis. chairman of the
broonall draft board. Hall admitted
that he and Erwin had called at the
Hall home the day before Erwin fled
After their attempt to have Erwin
reclassified failed. Hall is known to
have bought ticket to Boston. which
he did not use. Colonel Crrsson will
try to provt that Erwin did and that
Boston was the end of the first leg of
Erwin's long flight.
don't want You to feel that
am your friend Colonel CrcsSon said
to Han, because I'm not. warn
yop that Gny testimony YOU give may
he fused TO furnish grounds for your in
didfment for conspiracy"
toionei CrcsSon admitted he did not
z expect anything vital from Hail. but
saul there WIS a faint hope that ne
might aid in tracing Erwin'S flight.
:, And i believe ne khowS where
1pver IS right now the judge ad
voeate said.
he has the same Thought on tine
hnowiedge and testimony Of Roniig. In
nis interview with the colonel. Rumig
oas tndt ne might refuse to answer some
\ questions because the answers miCht il,
terfere with his defense when rnIIrd r.
trial for two conspiracy charges CROWN,
out of the Borgdol case.
HabeaS Corpus Plan Hinte,l
captain Ambrose Glover. II real sol
dler with two years service in Frnncr
10 his credit, has been assigned Il,
military counsel to Erwin. Linuteryut
Sapluel Cone has been assigned a, hi,
assistant
COLONEL CrcsSOn believes that an nj.
tempt may be made tn release Erwin ON
habeas corpus proceedings if n GurJ
sentence is visited on him.
Five members Of the court martial
board which sentenced Grover To five
years are on the board of seven sitting
In Erwin'S case. Colonel WilIinm II
! Aliaire, president of Growers board. il
president and senior member Of Err
wins.
The others who sot in iudy,,,,,, ~
Grover are Ltputgnant ColUncls John
l.. Bond, William Il. Carleton. Robert
y. Knox and Robert c. Rutherford
The other members are Lieutenant
Colonel II. X. Wood and Captain Bur-
mel
Charles S. Braun and Assistant Dis.
trift Attorney Il. Henry Walnut. of
Philadelphia, are on the island to wit.
ness the trial. Mr.. Walnut is after any
information that may aid him in prose
Ncuting the eight civilians indicted for
coaspiracy in the case. Mr.. Braun is
one of the eight.
N tma Dayhoff, clerk at the new Vivian
Hotel, HagcrstOwn. Md, is on the
islpnd and will be given chance to
identify Erwin as one Of the party that
Nmdde frequent stays at that hotel. At
Gsoyer's trial she identified him aS Il
man who stayed there as James Car
500. and Romig as Mr.. Watt"
Erwin, looking very little Iik" the
debonair figure that formerly Spccdcd
II