Evening star., 1921-05-09
{. s. BAILEY HEARD
IN BERCDOlL CASE
AnseII's Law Partner Says
Department Made No At
tempt to Pass Buck.

! Edward S. Bailey. law partner OF
Samuel r. Ansell. counsel for Grover
! iCleNeland Eergdoll, Philadelphia draft
dodger, told the House investigating
committee today that the War De
partmvnt made no attempt It" WASH
i its hands Of the case and pass the
buck to Ansell," when advised that
BerGdoll had escaped. CorroboratinE
| the testimony of his partner Mr..
Bailey said Secretary Baker refused
70 see the lawyers. but sent word 10
Ansell that the department expected
nm I" see that Bergdoll was returned
made when he was released under
guard TO recover Il pot OF gold. The
witness said. however. that he did not
conStrue this to be putting the matter
entirely up to AnSell." but assumed
hat military machinery would be used
to pursu" the fugitive.
Judge Wescott Associate Counsel.
MIR. Bailey reiterated that former
Judge John w. WeStcott of New Jer-
SeE was associate counsel in the Berg
doll case. Notwithstanding the judges
denial that his name had been men
tioned IN letters to Maj. Gen. Harris
adJutant general and that it was
again mentioned in a statement given
10 the press by AnSell and Bailey "A few
days after the prisoner had escaped.
Reverting to Judge Wescott'S testi-
mony that he knew nothing about the
pot of gold story prior to the escape.
John Fl. Sherburne. counsel for the
committee. asked:
Was the gold mentioned at the
conference with Judge Wescott at
which plans We're discussed for the re-
lease to hunt it,
Why. absolutely" Mr.. Bailey re-
niied; There was no question about
it. Judge Westcott was there all the
time We were talking about it"
Chairman Peters brought out the
fact that while the Bergdoll expedition
was to proceed direct from Governors
Island. y. y. to Hagerstowu. Md, by
way of North Philadelphia. the mill
tary authorities We're not notified that
Eergdoli had been permitted to stop
over at Philadelphia. his mothers
home.
Mr. Bailey declared that the late D.
Clarence Gibhoney of Philadelp was
alone responsible for the stop-over and
the first word anybody received from
Glbboney regarding change in the mill
tary plan was the announcement that
the prisoner was missing.
laking hand in the examination
Representative Flood. democrat Nir-
glnia. questioned Mr.. bailey about
Mr.. Ansells services as counsel for
the Graham war Investigating com
nittee and the amount of his fee but
the witness suggested that Anscll be
asked
BcrgdOll Status Discussed.
When YOU became counsel for
Bergdoll you knew he was a draft
dodger?" asked Mr.. Flood
Il knew he had been draft
evader. but j don't know to this day
that he was Il deserter from the mill
tary esta tablishment."
Did not Judge Wescott, during the
life of Gibboney. take issue with him
on the latter's statement that Wes-
cott was one of BergdoiTs lawyers"
Il don't know
Mr.. Bailey denied that he had been
subpoened by the federal grand jury
at Philadelphia.
We've been investigated and nee
essarily feel badly about the whole
thing said Mr. Bailey with EN- j.
phasis. but | have never nesitated
to testify and am not afraid of any
grand jury. / have done nothing that
/ am ashamed of and l know the
truth will prevail.