New-York tribune., 1921-05-05
Says W escott
Knew Story Of
Berggdon Cold
Ansell's Law Partner Corrob.
CRATES Testimony Which
Nearly Caused Clas h
With Judge at Hearing

WASHINGTON, March 4.--Edward S.
Bailey, law partner of Samuel T. An
sell, former Acting Judge Advocate
General Of the Army, corroborated be-
fore House investigating committee
to-day Ansell's testimony that former
Judge John w. Wescott, of New Jer-
sey, knew all about the story OF "the
pot of gold" before Grover Cleveland
Bergdoll, the wealthy Philadelphia draft
dodger, escaped. Bergdoll now is a
fugitive in Germany.
The witness was questioned particu-
larly as to this phase of the case be-
cause Of the emphatic declaration by
Judge Wescott yesterday that the first
he heard of the hn~.ad treasure was
after Bergdoll had escaped. Mr.. Bailey
also corroborated the Ansell testimony.
denied by Wescott, that the judge went
to the War Department to see the
Secretary in the prisoners behalf and
remained there some time without see-
ing him.
Testifying after Mr.. Ansell had been
subjected to severe cross-examina-
ton by Representative Johnson, Demo
crat, Of Kentucky. q member of the
committee, Mr.. Bailey related the gist
of conversation in his Office as to
plans by which the lawyers hoped to
obtain the release under guard Of Berg
doll for the purpose Of recovering his
hidden. fortune and in which the late
u. Clarence Gibboney, of PHILADELPHIA.
and Judge Wescott took part
Wescott Displayed No Surprise
while Gibboney was explaining
how Bergdoll himself had come to
Washington with Judge Romig. his
friend, and had obtained s15O,0o0 in
gold from the Treasury Department,
which took three or four to count y
SAID Mr. Bailey, Judge Wescott sat
there and said little. But certainly
the impression made upon me was that
the Judge knew everything about it
PRIOR TO our conference, because at no
time did he express the least surprise
over the statements by Gibboney."
Responsibility for changing military
plans, by which Bergdoll was permitted
to stop over in Philadelphia to visit his
mother, instead Of proceeding direct
| to Hagerstown, Nd, near which the
money was supposed to be buried, fell
properly upon the shoulders of Glib
honey, Mr.. Bailey declared. It was
from his mothers home that Bergdoll
S0SapSu.
Mr. Bailey's testimony had not been
concluded when the hearing was ad-
journcd over until Monday.
In the course of the long cross ex-
animation of Mr.. ,Ansell, conducted
largely by Mr.. johnson, direct attack
was made on the lawyer for accepting
| employment as counsel "for an in
famous draft dodger." Mr.. johnson
wanted to know If he would have de-
Tended Benedict Arnold or Judas
lscariot, ana the witness said both
were entitled to trial under the law.
| Luther Martin, an eminent lawyer of
his day, Mr.. Ansell declared, repre-
sented Aaron Burr, while some of the
! greatest lawyers of .teir time, includ-
! ing former President Garfield, had de-
| tended Milligan in the famous border
state instruction case in Civil War
days. Mr.. Ansell said he was entirely
within his rights and had strictly com
piled with the highest ethics of his
profession in taking up the Bergdoll
appeal after the court martial convic-
/ tion.