Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1921-05-04

In Bergdoll
CaseDenied
Judge Westcott Contradicts
Assertion He Helped Draft
Evade- Escape From Fed
erai Prison
BY The Associated Press.

Washington, May 3.-A sharp
question OF veracity arising between
Samuel T. Ansell, former acting
Judge advocate general of the army,
and former Judge John w. Wescott
of New Jersey, created excitement
today at the investigation by house
committee of the escape OF Grover
Bergdoll, draft deserter.
Called to the stand before Mr.. An
sell, counsel for Bergdoll, had COM
pleted his statement, Judge Wescott,
who is u, denied the testimony OF
Ansell in two essential details and
declared with emphasis there was no
truth in the report that he had been
engaged as associate counsel, as An
sell had stated, to help get Bergdoll
from prison after he had evaded the
draft for nearly two years.
AS the Judge went back to his seat,
Mr.. AnSell, who had heard part OF
the denial, reiterated under oath that
every word of his testimony was
true. Just as his examination was
about to shit to other channels,
Chairman Peters, turning to the
judge, asked if he desired to be
heard.
Torrent Of Denial.
The judge was on his feet instant
ly. Moving over toward the table
across from which Mr.. Ansell sat
and refusing to be seated, for five
minutes he let loose torrent of de-
nial, declaring Ansell lacked the
courage to step outside and make the
same charges. In the midst OF the
verbal attack, Mr.. Ansell broke i'll
with the demand that if it was to be
a debate he wanted the right to
speak.
Seeing possibilities OF an impend-
ing clash, Chairman Peters quickly
stopped the discussion, but not until
the judge had fired few more shots.
Then, picking up his hat, he walked
out, with courteous and smiling
well, goodbye, gentlemen"
First denying there was a shred
of truth i'll the statement by the late
D. Clarence Gibboney of Philadel-
plia, that he had been employed in
the Bergdoll case and paid 81 1850,
Judge Wescott declared he never
went to see Secretary Baker in Berg
dolls behalf, as Ansell had testified
and that he knew nothing of the
story OF Bergdolps buried gold un-
til he read of it in the newspapers.
Earlier Mr.. Ansell had testified that
Judge Westcott, as defense attor-
ney, had discussed with Gibboney
and himself, the question of urging
the War department to permit the
dodgers release under guard to go
and find it.
u Friend of Baker.
The fact was mentioned that the
judge was a warm friend of Secre-
tary Baker and that he was the man
who had twice placed Woodrow
Wilson in nomination for president.
Judge Westcott declared his only
part in the case was the sending to
Mr.. Baker OF letter, enclosing the
Ansell brief in the Bergdoll appeal,
which he regarded as a brilliant doc
ument and one which should have
the secretary's consideration.
Going back to the buried gold,
Judge Westcott, looking Mr.. Ansell
in the eye, exclaimed:
II never heard of it until it came
out with the news of Bergdoll's es-
cape. | would suppose ii a man of
Mr.. Ansell's ability could get that
crazy idea in his head, and in view
of what happened. he would have
left the community"
Depreciating the fact that two men
could be at such variance as to the
fact, Judge Westcott said he want
ed to reiterate in Ansel's presence
"and in his very teeth" that the lat
ter knew when he testified, that
statements concerning him were un-
true. The judge said Ansell had
refused to recognize him when they
were only few feet apart. which
led to much questioning and to the
remark by Judge Wescott that the
lawyer must have been conscious
then of making statements he had
no authority to make.