The New York herald., 1922-10-25
CLINE SAYS BERGIN
TRIED TRICK IN DUEL


Continued from First Page.
the mesting in his home on the night OF
the shooting.
Cline testified that his wife at his
request telephoned invitations to Miss
Thornton and to Bergin to come TO the
house He said he had heard that the
girl had been present at bottle
game" during which Bergin had kissed
Mrs. Cline and they they then had left
the room.
II asked Miss Thornton about Bergin
kissing my wife," Cline said "She
told me she had seen him do so and
that she thought they had gone out and
remained some time. She said she
thought she heard steps going upstairs.
Learns of Sarannc Lake.
"Then Mrs. Cline told me that Bergin
had assaulted her in the hotel at
Saranac LAKE. Bergin spoke up. He
said:
"I am guilty, George. Shoot me l
am a dirty dog
He asked me to come outside, that
he had something to tell me. refused.
saying. Whatever you have to say. say
It here before us ALL"
Cline hesitated frequently during this
portion Of his recital. He was forced
to stop for brief moments to control his
feelings He continued:
II then told Charles Scullion to go
upstairs and get a gun"
Senator Maekey interrupted him.
"And at the time you asked Scullion
to get a gun you had one In your pos
session. did you not?" the attorney
asked. The State had charged that
Sculiion brought from upstairs and
! handed to Cline the weapon with which
Bergin eventually was shot.
"Yes," Cline replied. II said to Jack.
We will go upstairs and fight 1t out like
two men and let God be the judge.
made a motion toward the stairs and
Jack started in that direction with me
following.
Cline Describes 'Duel."
I'VE went upstairs and into the bed
room. Jack said he had no gun. ] got
one for him from the bureau. Now
said, when ! put out the light we will
fire. and God will decide which is the
best man.
Jacks pistol was in his right hand
My gun was in my right hand. We were
standing. close together, facing each
other. I reached for the light with my
left hand. AS did. Jack grabbed my
right wrist with his left hand and
grabbed his right wrist with my left
hand"
Senator Mackay asked: Did you
succeed in putting out the light?"
mo, never got to it," Cline said.
Then with gestures the witness mar
rated how he and Bergin struggled. said
he had wrested the pistol from the ac-
tors hand and Bergin had used both
hands in an attempt to turn Clines hand
hot tha nj ~ nOfnted
toward the director. He said that as
Bergin was bent down over the pistol,
exerting his strength on Cline's right
hand with both his own hands the
weapon was discharged.
Struggled After Shot.
Senator Mackay asked whether Bergin
continued 10 struggle after the shot was
fired.
"Yes." said Cline. "He still endeav-
ored to twist the pistol in my direction.
I said. For Gods sake. Jack, get out OF
my house. His grip was relaxed then,
and he went out Of the room and down.
stairs" r
On cross-examination, Cline explained
that he had put pistol in his pocket be-
fore Bergins arrival because he expect
ed Jack to make trouble and he always
carried a gun. / armed myself for pro-
tect.on." He said he expected Bergln TO
shoot his way out of the house." II Mrs.
Cline made an admission before him.
Cline and Prosecutor Hart enacted
Clines version of the struggle with Ber-
gin and the shooting. Cline clasped Mr..
Hart in the way he said he had held the
actor, and pushed the prosecutor about
the courtroom. finally bending him in
the position which Bergin occupied when
shot.
Miss Thornton testified that she be-
came acquainted with Bergin in 1920
and that in October of that year. in an
apartment in Manhattan. he gave her a
drink that paralyzed her In the manner
Mrs. Cline said che was affected. Then
Bergin assaulted her. the girl said. Later
he said he could no, marry her because
he already had wife. but would do so
later.
She testified that during an informal
party at the Cline home. at which Cline
was not present, Mrs. Cline and Bergin
sat in a corner by themselves kissing
and later went into the kitchen. and
that she thought she heard footsteps
going upstairs. She corroborated the
testimony of Cline regarding the events
OF. the night of the killing, except that
she did not see the shooting.
Charles Scullion, another of the de-
fenda.its told story which bore out
both Miss Thorntons and Cline's mar
ratlves. He added that when Cline and
Eergin went upstairs he followed half
way UP, returned and then started up
again. He said he got near the top and
sew the two men tussiing on the
threshold of the bedroom. He said he
cid not have a chance to separate them
before the shot.