Evening public ledger. [volume] (Philadelphia [Pa.]) 1914-1942, 1920-07-21

MON to allow Bergdoll to leave the dis
cipiinary barracks here to find his pot
OF gold buried In the hills of Mary.
land was given him on application by
the slncker's Washington attorneys,
Ansen and Bailey, both former army
But he testified he wrote a letter
OF warning to Colonel Hunt. telling him
not to allow the Stacker to leave Castle
william, the Jail over which Colonel
Hunt was commander. without adequate
guard and without fully instructing the
guards as to the desperate character Of
the prisoner and his friends.
Hunt Is visibly Dubious
Colonel Hunt. tall. thin and nervous.
Hequently consulted with his lawyer
as General Harris was tcstifying. With
record Of twenty seven years fine
service back of him. the accused Off
Ger was visibly dubious Of the outcome
4 Of his first court martial
General Harris's statement TINT he
bad written to Colonel Hunt telling
him that IL would be wise to have Berg
dolls guard accompanied by com
Ipissioned officer was the signal for
: conference lasting almost two minutes
between the colonel and his attorney.
The adjutant general testified that no
permission was given to Bergdoll to
call at his mothers home at Fifty Soc
ond street and Wynnefield avenue.
Philadelphia. from which he managed
his escape from the two army guards
on March %.
The two guards. Scrgeants Calvin
York and John O'IIare, both. like Col.
onel Hunt. having fine records. were In
the ante room of the court martial
sas,ting the call az witness. Both were
Wv; nervous.
The court martial was scheduled to
begin at II O'Clock 90 o'clock Phila-
dolphin time). but it was forty five
minutes later before it got under way.
IL opened with Lieutenant Colonel
Charles G. Crcsson. judge advocate in
charge Of the prosecution, summarizing
his case. Then General Harris was
called
Charges at Court Martial
In the formal charge the escape Of
the wealthy Stacker is laid directly TO
Colonel Hunts "carclcssnCSS nPgli
gcrce failure aud neglect Of duty in
not carrying out the adjutant generals
orders
Bergd0ll escaped from his home in
Nvynnefeld. Philadelphia. after leaving
Castle William. the disciplinary bar
racks. under guard Of two sergeants.
sent out without proper instructions. it
escaped May 90.
Coloncf Hunt had been warned by
Adjutant General Harris of the des-
perate character and resourcefulness of
Bergdon and his friends and il was or
dered that commissioned officer should
accompany the guard as commander, it
is said.
The aending out of the prisoner aud
y guard without handcrFs was in direct
opposition to the custom prevailing at
Castle William. Even minor prisoners
allowed away from the jail are sent In
irons
failure to give the guard sufficient and |
adequate instructions as to their jour !
ney. the care and safeguarding of their /
prisoner and their course of conduct /
while in charge of Bergdoll,"
No Excessive Punishment
All Of this, the charge states, was
ito the prejudice OF good order and
military discipline and to the diSCrCdit .
Of the military service"
The penalty for Colonel Hunt, II con
victed, is 'such punishment as the
court martial may direct. Coloncr
Hunt is veteran Of twenty seven ,
years experience and was recalled from
the retired list during the war lie
was major then. The punishment is
not expected to be excessive.
The personnel Of the court martial !
board and the trial judge advocates /
and the lawyer for the defense are remi- .
niscent Of the court martial of the mil
lionaire Stacker
Colonel William II. Allairc. n mem
Der Of the board. was president Of that
court martial. and COlonels Elmer A. .
Dean asd Samuel G. Jones. sitting in
judgment of Colonel Hunt, were mem .
bers OF the BerEdOll court martial.
lieutenant Colonel Charles c. Crcs. ,
son. trial judge advocate in charge of .
the prosecution. prosecuted BorgdOll,
while his assistant in this case, Captain
Robert r. Hannay. Jr,, also assisted |
him then.
All ColOneIs on Board
Lieutenant Thomas l.. IIcffernan. as
signed to defend Colonel Hunt. was an
other assistant to Colonel CrcsSon GI
Bergdolls trial and will act in a simi-
lar capacity IL Bprgdoll IN Trcaptured.
Colonel Samuel W. Miller is nrcsi-
dent Of the board Of eleven cOl0nrls try.
ing Colonel Hunt, The Others arc
Charles NJ. Grundy. Arthur Thay"r,
Edgar Russel. Frederick y, Evans,
Ralph Harrison, William II cham.
bers and John MCA. Palmer
Only two Philadclphians have been
summoned as witnesses. They nre Cap
tain Joseph Sparks, an agent Of the
military intelligence. who probpd Berg
dolls escape, and John j. D'tOunOr, a
department Of Justice agent, who
brought about BcrgdolI's arrest for do
scrtion and investigated his escape.
O'Connor originally was assigned to
department headquarters at Washing
tor, but since Bcrgdoll's escape has
taken up his residence in Philadelphia
where he is in charge Of the search for
the Stacker.
Sergeants Calvin York aud John
O'Hare, the guards, also will testify.
O'Hare Is a veteran of nineteen years
service and has wife and four chill
dren. lie was preparing to ask for 4
pension when Bergdoll escaped. lie
aud York will be court martialcd later.
Trial to Last Two Days
Colonel Crcsson would not divuIge the
pames OF other witnesses, but he said
be would not call ID. Clarence GibbOney,
Bergdolrs Philadelphia lawyer, or Mrs.
Emma G. Bergdoll, his mother, or
James u. Romig, close personal
friend.
"This is a military court martial and
not Gibboney ROmig three ringed
circus" he said, "aud | will not call
any witness for whose honesty and
truthfulness ! cannot vOuCh.
:. The colonel added that he did not
believe Lieutenant lIcffernan would call
them for the same reason. and because,
he said. Lieutenant HoffCrnan is a