Indianapolis Times, Volume 33, Number 267, Indianapolis, Marion County, 18 March 1921 — Page 15

ASK REOPENING OF E. BERGDOLL DRAFT CHARGE Government Officials Realize Important Bearing on Other Evaders’ Cases. HANGS ON MAIL NOTICE WASHINGTON, March 18.—The case against Erwin Bergdoll, brother of Grover Cleveland Bergdoll, under sentence of five years’ imprisonment for evading the draft, is to be reopened at the request of the government and a new hearing will be held in the District Court at Kansas City probably within a week, it was learned here today. The government dwlres to present ad- . ditlonal evidence to strengthen its side! of the case, as officials anticipate the de- j ctsion will be used as the basis of future actions against draft evaders when the; official list of these evaders is made pub- j lie by the War Department in the near i future. The case of Erwin hinges on the question of what constitutes legal notice of induction into service. The War Department has maintained proof of the mail- i lng of the formal notice is sufficient. ; Bergdoll contended that he never received the notice. NO DECISION ON HABEAS CORPCS WRIT. Some time after his brother escaped Erwin surrendered at Governors’ Island, where he was tried by court-martial, | convicted and sentenced to serve five years in the Leavenworth military prison. He had scarcely begun his sentence when he applied to Judge Pollock of the United States District Court for a writ of habeas corpus. There has been no ruling by the court and the validity of Bergdoll's contention that the draft notice did not reach him therefore has not been determined. . On the final decision of this question It was admitted by War Department officials today, may rest the fate of thousands of alleged draft evaders. Certainly If the courts definitely decide that mailing draft notices does not constitute service, conviction of draft evasion will I be exceedingly difficult, as mailing was the only manner of notification practiced throughout the war. CABE SIRE TO GO TO SUPREME COURT. Should Judge Pollock decide in favor of Bergdoll the Government undoubtedly will appeal to the Circuit Court of Appeals and. If necessary, will carry the case to the Supreme Court. It also is expected Bergdoll will take similar appeals if the case is decided against him. As the status of approximately 150.000 alleged wilful draft evaders Is involved, the Government is expected to put up an earnest fight. The War Department is working out a plan for handling the great influx of draft evasion cases which Is expected to follow publication of the official lists. The American Legion, which has been consistent In Its demand that the list of draft dodgers be made public. Is expected to be of considerable assistance In rounding up the deserters. The Department of Justice will cooperate. Police Hold Jeweler and Another Man John Bailey, 84, of 22 Delaware court, was arrested today, charged with receiving stolen goods, and Scott Mullen, proprietor of a jewelry store at 660 North New Jersey street, was arrested for falling to have a second-hand dealers' license. The men were arrested in the Jewelry store. The police assert that Bailey purchased a ring from Alexander Sharp, a negro, who was arrested yesterday for burglary and grand larceny. Both Bailey and Mullen were released on their own recognizance by City Judge Walter Pritchard.

Girls in Bad Check Case Taken at Dance Ruth Bayne. 21, Conneraville, and Daisy Dwyer, 2L giving her addrevi as “city.” are in the city jail today under SI,OOO bond, following their arrest last night In a local dance hall by Detectives Long and Houlihan on charges of obtaining money on fraudulent cheeks. The girls were arrested on warrants sworn out Feb. 25 by Frank L. Riggs of the Commercial National Bank after two checks, each for sls, drawn on a Wllkesbarre (Pa.) bank, were returned as forgeries. Deputy Assessor Held on Woman’s Charge Bert A. Ossmlre, 63, a deputy assessor, waa arrested today on a warrant charging Mm with assault and battery. The complaint was made by Rose B. Jackson, colored, living at 233 West Michigan ■treet. Casamire lives at the Roosevelt Hotel, Capitol avenue and Ohio street. Belfast Has Scraps on St. Patrick’s Day BELFAST, March IS. Free-for-all fighting marked the close of St. Patrick’s day here. Rioting followed the looting of wine shops early in the evening and five fights between soldiers and civilians resulted. Police dispersed the rioters with their batons. Manual Collapse Hearing Set April 4 John M. Melvin, 944 Lexington avenue, superintendent of the Hetherington and Berner Iron Works, who was indicted a few days ago by the Marion County grand Jury in connection with the collapse of the Emmerich Manual Training High School annex, will be arraigned In Criminal Court April 4. He is charged with involuntary manslaughter.

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MENTER S'*

MEN AND WOMEN: USE YOUR CREDIT FOR SMARTEST EASTER CLOTHES-ITS GOOD HERE

(MU i SILI MU terialsare wh. lot of and FREE Mats ALTERATIONS $2 - 50Up

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INDIANA DAILY TIMES, FRIDAY, MARCH 18,1921.

SILK AND CLOTH DRESSES No use telling you of all the materials —they are all here. The styles are what interests and a handsomer lot of dresses it will he very hard to find—the prices are low. S2O and on up to $45 WELCOME!

WE DO AS WE ADVERTISE

Millinery Many particular women tell us our prices are fairer than in exclusive stores —perhaps it’s because we buy so many hats for 42 stores. But at any rate, the choicest copies of New York and Paris models are here. $2.00 up to SIO.OO WELCOME!

-TERMS--52.00 down and $2.00 a week on a purchase of $30.00. On purchases of 60 to 100 dollars liberal terms will be cheerfully arranged. People living in suburban towns are invited.

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109-111 SOUTH ILLINOIS STREET Open Saturday night until 9:00. Third door south of Maryland St. We gladly open accounts with out-of-town customers.

BEAUTIFUL SPRING SUITS What lovely suits and what reasonable prices—that’s what you’ll say, as nearly every woman says who sees them. Every popular style, effect and color is here —you’ll admire them. S3O and on up to $65 WELCOME!

DAINTY BLOUSES A big selection of the newest silk spring creations chosen especially for the Easter trade. All priced at the new prices, $4.00 to $12.00. Skirts and Petticoats A splendid supply of the choicest of spring styles. WELCOME!

m M W** kiM MENTER

READ WHAT MENTER SAYS You’re going to have spring clothes this season. Why not get them now? Why wait until you have saved enough cash? Why draw money from the bank to pay cash ? Why not get smart spring clothes right now before Easter? And get a full season’s wear out of them. Don’t you know that: Your credit is good at Menter’s. That we do not charge extra for credit. That cash or Menter’s generons terms, our prices are the same. That the first payment secures the clothes. That men and women, married or single, are all welcome At this friendly store. Then why not get Easter clothes now? The best in the land at as low a price as any store. —'Welcome.

Stunning Spring Coats A big variety selected by our New York experts. Every popular spring model is here. Polo coats, sport coats, flapper coats, wraps, capes. In all materials, colors and checks. sls and on up to $45 Free Alterations

Boys’ Spring Suits A larger variety of stylish, sturdy knickerbockers than ever before —some with 2 pairs pants. $7.50 to sls

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