New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1921-07-22
First of Draft
'Evader' Cases
Goes to Trial
Army General Court Over
rules Objection to Its
Authority; J.L. .Judelovitz
Asserts He Is Russian
Put in Exemption Claims
Brooklyn Employer Says
Defendant Was known to
Him for S Years as s,JudeP

l.. >. Judelovitz, Brooklyn draft
reglstrant whose named appeared IN
the published deserted" list of May 5
last, was placed on trial before an army
general court at Governors Island yes
terday, charged with evading military
service during the war. The case is
the first of its kind to be ordered to
trial since publication of the War De-
partment lists began.
Win the converting of the court the
defense, represented by Arthur Wer-
Their, Brooklyn lawyer, and Lieuten-
ant John V. Domminey contested the
right OF the military court to try Jude
lovltz, on the ground, Mr.. Werther
sald, that there were no proofs thas
the defendant ever was indicted into
the service. Captain Thomas l.. He
fernan, the trial judge advocate and
prosecutor, answered that the plea of
jurisdiction entered by the defense wa
not valid, because it concerned evil
dence which had yet to be introduced.
and the court sustained him. The de
tense then entered plea of not guilty
The prosecution called as its first
witness Louis A. Rosary, chief of the
seiectlve service record division of the
Adjutant Generals Office, Washington,
u. c. Mr.. Rosafy produced papers to
show that Judelovitz registered in 1oi
and was indicted May &c, 1918: that
he filed with his district board an ap-
peal on the ground that he was a ma
tive of Libau, Russia, and had never
become naturalized, and that he had
lnclpient tuberculosis. Another ground
for the appeal, according to Mr..
Werther, was that Judclovitz had de-
pendent upon him two children and
sister.
Admissability of some Of the papers
produced by the witness was objected
to by the defense repeatedly, because,
counsel declared, they only "pur-
ported" to show that they were in
tended for the defendant Again the
court ruled in favor Of the prosecu-
ton.
Objection to the introduction Of the
record Of Judelovitz's physical exami-
nation, made in August, 1917. prior to
the time a questionnaire was mailed to
Judelovitz but came back undelivered,
likewise was overruled by the court.
This examination, as did the examina-
ton given the defendant upon his sur
render at Governors Island last May,
failed to disclose any physical defects
trant from serving, it was testified.
Neither a questionable nor no.
tice of induction could be delivered to
Judelovitz at 297 Hart Street. Brook
Ign, the address he gave when he regis
tered, Emil P. Korkus, of 1913 East
163d Street, formerly legal adviser to
Local Board No. 81, told the court. He
testified that at no time did Judelovitz,
who claims also to have been past the
draft age by year, trouble to inquire
after his status at the Office Of the
board.
David Markowitz, proprietor of the
Brooklyn Credit Center, which en-
ployed the defendant as a collector,
testified that Judelovitz was known to
him as 81. j. Judel" He said "Judel"
had been in his employ for five years
and he could not say that he had ever
been known by any other name.