The Republican. [volume] (Oakland, Md.) 1877-current, 1942-06-04
Governor Considers
Pardon Application
Hearing Called Last Thursday;
Twenty-Six Persons There
To Affirm Belief In
Physicians Innocence

Governor O'Conor took under ad-
visement at Annapolis last Thursday
the pardon application of DR.. Cliff P.
Berger, Oakland physician, convicted
two years ago of perverted sexual
practice.
Presiding at a hearing attended by
prominent medical men, a clergyman
and others from Garrett county,
O'Conor promised DR.. Berger the
"most thoughtful consideration Of
which l am capable"
DR.. Berger's application, supported
by a recommendation of clemency by
State Parole Director Herman M.
Moser and affidavits from numerous
Oakland citizens, asks complete
pardon" The physician was convicted
by the Garrett County Circuit Court
in 1910 on one of four indictments.
Two Are Opposed
OF the twenty-eight persons at
tending the hearing, only States At
torney Neil C. Fraley and Garrett
County Sheriff j. William Owens
voiced opposition.
Whereas Moser and numerous
Berger supporters reported "ques-
ton of doubt exists as to the apple
ants actual guilt" Fraley told
O'Conor he personally investigated
nine alleged offenses, saying, "all
nine of the victims could not have
been lying as the defense charges"
Fraley also maintained Dr. Berger
received fair trial and that Sheriff
Owens and his own Investigations
failed to disclose any evidence of a
''frame-up" against the physician.
The creditability Of testimony given
during the trial by Mrs. Minnie
Smith, of Oakland, whose charges re-
suited in DR.. Berger's conviction and
six months House of Correction i'm
prisonment, was attacked by Attor-
neys William Gunter and Walter w.
Dawson, Oakland, former Garrett
county states attorney.
Character witnesses for DR.. Berger
included DR.. Arthur H. Hawkins, of
Cumberland; DR.. Oscar B. Hunter
Washington pathologist; DR.. William
d. Chase, Lcesburg, Va; the Rev. and
Mrs. William Orendorff, Frostburg;
Stuart F. Hamill, Oakland; Mrs. John
Berger, the convicted physicians
mother, and DR.. J. Stewart Nagle, his
brother-in-law, both of Schuylkill
Haven, Pa; Mrs. Marie Rice and Mrs,
Paul Kemphfcr who said they were
DR., Bergcr's patients, and Ray Zim-
norman, Mountain Lake Park, Mrs.
Smiths cousin. A number of others
were ready to certify in his behalf.
Speaking briefly, DR.. Berger said,
"My position is exactly the same as
it has always been. | am not guilty"
He charged, however. there were sew
cral instances when members of the
Smith family tried to blackmail
physicians in the past
Fraleys arguments mainly de-
Tended his position in opposing the
pardon.
Matter of Public Opinion
Ordinarily" he said, 81 wouldn't
oppose a pardon unless it was mat
ter of public concern. | am convinced
such is the case in this matter. If
DR.. Berger's license is restored and he
returned to Garrett county to prac-
tice a great majority of people do not
believe he should practice in Oakland
During my investigation | never
found a bit of evidence to suggest Dr.
Berger might have been framed If
| had, I'd be the first person to aid
him in obtaining a pardon.
"There was no miscarriage of JUS
ticc in this case" Fraley said.
DR.. Hunter told O'Conor that dur
ing the past month DR.. Berger was
appointed PRESIDENT pathologist" at
a Washington hospital and that from
his long acquaintance with the con-
victed physician "there is no doubt in
my mind that he is innocent and the
victim of miscarriage of justice"
Moser, in his report to the COVER
nor said, that the trial judges Chief
Judge D. Lindley Sloan and Associate
Judge William A. Hustler "have no
objection to the granting of par
don"