New-York tribune., 1920-03-10
Berggdoll's Request
To Bar Reporters
Refused by Court
Draft Evader's First Plea
at Army Trial Denied;
Often at the Hagerstown
Hotel, Clerk Testifies

Grover Cleveland Bergdoll, Phila-
deiphia draft dodger, who is now
spending his days i'm the low-ceilinged,
rectangular courtroom at Governors
island and his nights in his cell at
Castle Williams, the military prison.
made his first request yesterday Of
the court-martial before which he is
being tried on the charge of desertion.
tie asked that newspaper men be ex-
cluded from the courtroom for the re-
mainder of the trial. His request was
refused.
Argument over the presence of press
representatives cnlivened Yesterday
mornings session. Since the Begin
ming of the trial Bergdoll has occupied
his time stroking his slight black
mustache and making queer jots on a
pad. Yesterday these jots took the
form OF written request, which was
carefully examined by the attorneys
clustered about the defendant.
Harry Weinberger and Captain Bruce
Campbell, of counsel for the defense,
pleaded that the trial be conducted
behind closed doors. Captain Camp
bell declared that the presence of re-
Porters was detrimental to the in
terests of Bergdoll. He said the re-
quest for the exclusion Of newspaper
men was based on remark said to
have been made by one of the re-
porters.
Calls Reporter Biased
Captain Campbell declared that the
newspaper man in question had made
the assertion that person evading
the selective draft law ought to be
shot and that he (the newspaper mani
would volunteer to shoot him.
"This reporter" insisted The captain
cannot give an unbiased account of
this CASE
Lieutenant Colonel Charles E. Cres-
son.. prosecutor, vigorously opposed the
motion. He declared that he stood for
the utmost publicity in order that the
PUBLIC might know that trial before
a military courtmarital was not con-
Quoted on Prussian-like basis.
Following the argument, the court
room was cleared so as to allow rul-
ing. The defendant, trailed by his at
torneys, walked out into the hallway
with nearly score of newspaper men
and spectators. There was short wait
before Colonel William H. Allaire
pushed buzzer. The crowd swarmed
back into the courtroom. 1t was an
nounced that the motion of counsel for
the defense had been overruled. The
trial proceeded.
Registered as "James Carson"
1t developed at the afternoon session
that during the time Bergdoll was be-
ing chased by government authorities
he was posing as James Carson" and
spending much of his time at the New
Vivian Hotel, Hagerstown, Md. Hagers-
ton is busy railroad center just out
OF the Shenandoah Valley and within a
short distance of Baltimore.
Ina X. Dayhoff, clerk at the hotel
was placed on the stand. Miss Dayhoff,
neatly attired in blue coat suit, is
the second young woman to testify for
the prosecution. She identified Berg
doll, sitting three feet from her, as
the man who registered as James Car
son. She said she was accompanied by
others who gave their names as Ed
Brown, II. Watt, j. Snyder and Mr..
Smith
James Eomig was presented by the
prosecution as an exhibit" and was
identified by Miss Dayhoff as the man
who registered under the name of H.
watt. The prosecution submitted
sheets from the hotel register. Berg
doll, according to Miss Dayhor's testi-
many frequently visited the hotel
from July, 1918, to December, 1919. He
registered from Butler, Pa.