Evening public ledger. [volume] (Philadelphia [Pa.]) 1914-1942, 1920-09-28

case. There is no more important part
Of the government of any land than the
administration Of law and justice. ]
want you to understand that and show
that justice as We know 1t Is still a
living thing.
1T is your duty to enforce the law.
and, to use an expression which has
been employed many times over, 'Hew
to the line, let the chips fall where
they may Along with your duty TO
enforce the law. you should do justice
to the defendants in this case. See that
this trial is fair one. See that they
arc accorded all their legal rights.
There are seven indictments in this
case. which set forth the particular
ofTenses charged against these five de-
PENDANTS. Many of the indictments
have been divided into counts, in which
sneCial nhases of the charge are set
forth. The rules of criminal pleading
require this, and ! understand that
there are fifty six different PROPOSE
tions that you will have to decide.
Another distinction you want to get
in your minds is that these charges
broadly relate to our war activities. We
have q selcctive service act, the pur-
pose Of which was to bring within the
scope of the military authorities all the
people of the United States, with hard
ly an exception other than that of age
and sex, which necessarily were lin
tied and established at law. Besides
these exceptions, the first proposition is
that all people of the United States
were subjected to the provisions of the
selective service act. The purpose was
to bring into military service those per-
sons selected to go in that service.
War Lines Were in Force
There was a dividing line we may
take it which said that people on one
side of it were civilians and as soon
as they crossed the line they were SOL
diers and subject to military law and
regulations. The law also determined
that people on one side of the line
could do something which would be con
sidered offenses against the United
States, and that people on the other side
of the line could do things considered
offenscs against the United States.
Therefore you can see that one might
be guilty of obstructing recruiting for
the military forces of the United States
even though he was not in the service.
This is one of the charges in the indict
ment.
after a man has crossed that line
and is inducted in the army he may be
guilty of desertion, but a man cannot
! be guilty of desertion from the military
service until he is in that service, and
| take the responsibility upon myself
of instructing you men that both Err
win and Grover Bergdoll were in the
military service Of the United States
and deserted thercfrom, and II there is
any objection l will hear it,
Bean Fails to Object
| At this stage Mr.. Bean made as II
to attempt to speak, but the judge did
not notice that the attorney for the de-
Tense was trying to say something and
continued his charge.
1T is up to you men to determine
the fact whether there was or was not
concert of action to defeat the purpose
of the draft; whether this teamwork
was manifested in any way.
"No matter how clear the evidence
| of conspiracy, it is no offense against
the law If it stopped there. The law
is merciful, and no matter how repre-
hensible a conspiracy may be, it is not
legal offensc unless one or more OF
the conspirators carry it out.
The offense is conspiracy followed
| by at least one overt act. 1t is a con
spiracy to commit some offense against
| the law. What is the offcnse in ques-
| tion here? One is Obstructing the peO-
pie of the United States in recruiting
an army. If committed it is an offensc
whether the person is in the army or
not. Throwing hindrances in the way
of registrants coming forth, or aiding
them evadc service, is an offense against
| the law. That Is the offense with which
some, maybe all, the defendants are
charged. Another Is that after Grover
and Erwin were inducted and became
deserters that the defendants did
knowingly and willfully harbor. con
ceal and aid them
'1t really comes down to this cues =
ton Did they. do the acts of which
they are charged with conspiring to
do? I pass that question over to you
men,"
In consequence of the attempt Of the
defense to attack the credibility of Fitz-
hugh Lee Crecdon and Thomas r.
Furey, the chief witnesses for the gov
ernment, Judge Dickinson explained to
the jurors the law on character wit
ncsses.
'It is too much to expect n mother
TO surrender a son against his wishes
and force him, by telling the authorities
of his hiding place, into captivity" he
said In conclusion. THE same may be
said of brother.
But that is not the issue in this
case. The defendants are accused OF
having actively engaged in aiding
Grover and Erwin Bergdoll to evade
service"
Then court was closed and the jury
locked up.