The independent. [volume] (Elizabeth City, N.C.) 1908-1936, 1921-10-07
LAWYERS REVIEW
ANSELL RECORD
Facts In The Bergdoll Case Ex.
onerate Popular North
Carolinian

Friends of former Brigadier General
Samuel I. Ansell in this city and in his
| old home, Currituck County, will be in
| terested in a review of the testimony
taken before the Congressional Commit
tee that investigated the notorious
Bergdon case, just completed by Ed
mund NJ. Morgan, Prof. of Law of Yale
University and eleven other lawyers of
national fame. After reviewing all the
evidence Prof. Morgan says:
Inspired by the gross injustice done
to two upright and able members of the
bar, General Samuel T. Ansel and Col
onel Edward S. Bailey, in association
! with eleven other lawyers, I have made
a thorough review of the testimony in
the Bergdoll case.
eve are in perfect accord in our view
and findings and have subscribed to a
carefully prepared judicial review which
I inclose.
In fairness to two men, both of
whom had distinguished Army careers.
and who suffered gross injustice at the
hands of Representative Ben Johnson of
Kentucky, 1 appeal to you, on behalf of
my associates and myself, to give this
review the editorial attention it de-
serves.
A brief history of the Bergdoll case
and General Ansell's connection with it
is here given for the benefit of those
who have not followed the case. Grover
Cleveland Bergdoll. p years old. a dull
witted and spoiled child of Philadel-
phia millionaire brewer. was called in
the draft on July %, 1918. Instead of
reporting for service, Bergdoll disap
peared and evaded the draft successfully
till after the Armistice. On Jan. Z, 1920
h. was captured. tried by Court Martial
and sentencedd to five years in prison.
Here General Ansel came into the
case. The right of the military estab-
lishment to try a man by Court Martial
who had never been inducted into the
! army was questioned. General Ansell,
engaged in private law practice with Col.
Edward S. Bailey of Philadelphia was
of the opinion that Bergdoll should have
been given a jury trial. Bergdolrs at
torney, D. Clarence Gibboney, highly
rated as a lawyer. interested General
Anseu in the case General Ansell and
Col. Bailey took the case for a retainer
SO.UOU anu "tIS ~ LGANS wv
S55. 900 if a reversal of the Bergdoll
verdict was secured.
While the case was pending Bergdoll
in the Disciplinary Barracks on Cover
nor's Island, \. Y, clamied that he had
buried S1O5.OO0 in gold near Hagers-
town, Md, where he had been in hiding
during the war, and sought permission
to recover the buried money. General
Ansell investigated the story and found
that Bergdoll had taken $1C0,0OO from
the L. S. Treasury about the time he
claimed to have buried that amount OF
money. Other facts led General Ansell
to believe the buried gold story and
General AnseIl asked Secretary of War
Baker to let Bergdoll go under an armed
escort to Hagerstown, Md. and recover
tbe treasure. The Secretary of War
consented to this and in May, 1920.
Col. Hunt and two armed guards left
Governors Island with their prisoner
with instructions to go direct to Hag-
erstown. Md. General Ansell requested
the military escort not to stop with
RergdoII in Philadelphia or let him visit
his home.
But when Col Hunt and his military
SceOrC got TO IulIduelplitt' tAAE "''Uo
bile in which they were to drive with
Bergdon to Hagerstown was broken
down. Instead of hiring another auto
mobile, they let Bergdolls chauffeur take
them to BergdolFs home in Philadelphia
and there they put up for a day ana
night, while Bergdolrs chauffeur re-
naired the car. The evidence indicates
that the soldiers had a lively time IN
the BergdoI home and were royalty en-
tertained. But while they were having
iolIy time at Bergdolrs expense,
Bergdoll got away, leaving the country
by Ueay of Canada. He is now in Ger
many.
The evidence shows that General An
sell was justified in taking retainer IN
the Bergdoll case; that he was Justlned
in making the application for Bergdon
to temporarily leave the Dlsclplinar!
Barracks under military guard; ana
General Ansell was not party to any
consniracy to accomplish the escape OF
Reredoll. The evidence also shows that
General AnselI and his law partner nave
Maid out about all they got out OF the
RergdolI case in their efforts to recap
ture the fugitive.
All the evidence tends to show that
careless military men were responsible
solely for Bergdolfs escape and that
military men, sore on Ansell because OF
the walloping he gave them during the
war. have tried to make AnseH the goat
BAD LIQUOR