The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1876-08-06
THE WEST POINT HOMICIDE.

Tho examination in tho shooting OF Washington Put
nam by Johu l.. Kothein, private in the United
States Army West Point tho 9th Of July, be-
gun yesterday before Commissioner Osborn. Major
Asa Bird Gardner, Professor Of Law ut tho Military
Academy appeared for tho prisoner, and, MS amcus
cura General Foster Assistant United States At,or-
ncy, acted for the prosecution.
Tho first witness examined was DR.. Alfred b. Gerard
assistant surgeon stationed West Point who testi-
fed that he examined Putnam, and found two wounds
in his right thigh; nom wound no extracted two
fragments of bullet with the Of Dr. Monroe
OF HI shand Falls; the other wound probod, and
PAINFUL spot midway between the hip and the knee in
dicated that tho ball was lodged within under the
muscles there; witness cut down upon tho point but
the ball could not be found; the next day no was
directed to receive Putnam into the post hospital,
where no remained to tho 18th ipst, appsr-
emily doing well; on that day the first symp-
toms of tetanus declared themselves and
a consultation was hold; tho former incison was en-
argcd and probe passed in every direction but
without success ia finding tho ball; the usual remedies
for tctanus applied, but the patient died
24h ult at tho post-morcm examination large piece
OF ball discovered lying against tho thigh bone,
bout inch above the ncision; tho two wounds the
witness attributed to the splitting OF the bali the
lamp OF he carrage this was shvcrcd TO pieces, ana
there two holes In the cushion on the box OF tho
carriage.
On croas-examination by Major Gardner, DR.. Gorard
testified that deceased conscious until within twelve
hours OF his death the fragment OF ball that
moved after death imbeddcd in horse HAIR from
Lieutenant Albert Payson, Of tho First engineers,
testified that tho said 9th OF July he officer OF
tho day. tho standing orders Of the post that the
sentinel Ia to challenge all persons approaching his
beat foot otherwise, after ten O'Clock at night;
there codntcrsign, and II s left 10 the senncls
discretion he shall allow the persons TO proceed; tho
answer TO the challenge that friend comes not sum
cicnt; in the present state Of orders the SEN
tincl might briag his piece to arms port or
order the hammer could not SLIP when 1t was at half
cock but after tho "haiicock notch" might DO so
worn that the piece might be prenaturey discharged
the sen nels are ordered prevent last driving
the modc OF prevention Ia left TO their discrcton II
coachmau were driving at rapid rate and refused
failed neglected to stop, the sentincls duty would
have been to shoot The witness was asked as to state
,ents made to HIM by tho deceased but the question
ruled out the deceased not being undcr apprchcn
sion OF death
Henry l.. Harris lieutenant in tho First artillery.
said that he nothing Of the occurrence excepting
by hearsay. lie heard the shot fired while at his head
quarters ne arose, dressed, and, going TO the spot
asked the corporal what was tho troubles he was told
that man shot by the sentinel, and he asked tho
accused how II happened Ho rcpliod that the piccc
was discharged accidentally and he did not know how
Witness exrer mcntcd with Rothlens rihc and II
in perfect order Deceased said he could not stop his
horses as they rcstve and no seemed satisfied
that tho shooting was accidental
Thomas Henry Leas private in the artillery, testified
that The 0th OF July the accused and himself wcro
working together at Crows West Pond; witness asked
Rothlen Why ho shot deceased and he answered that
II he released to morrow and received the
dcrs he would knock the man down and shoot him.
Lieutenant George Is. DAVIS, OF tue run cavalry,
who acted Judge Advocate In the at West Point
narrated the circumstances rs be became acquainted
with them. and testified that Rothlcn was faithful,
consce ntIous solIicr.
Tho testimony in the case being concluded Major
Gardner moved for the discharge OF the prisoner and
the motion opposed by General Foster. Al the
conclusion of the argument the prisoner expressed
desire 10 make statement and this he allowed to
90 without being sworn, the practice OF the United
States courts not allowing accused person TO testify
IN his own behalf Ro,hein sad on The night OF tho
shooting thc deceased drove up to him at RAPID
rate. and did not hail. although ordered TO do so three
times. AT tho third order accused changed his
weapon from port TO charge bayonct, and as he
did the barrel struck against tho forward wheel OF
the carriage In attempting 10 recover ms piece was
discharged, hut hc unable TO explain IN what man
He said that he did not intend TO shoot Putnam,
but merely desired to stop him. in accordance with or
doris lie denied that he made the statement attributed
10 him by Le,s. and said that his remark was that
under the same circumstances occurring again, he
would knock the down and hold him for the next
guard. but that he would not shoot
Comm lssoner Osborn, IN denying the motion Tor
Roth,ens discharge, said that tn case was oil such
importance, involving the life OF u human being
that he must bold the prisoner for The Grand jury
Tho viii be taken before the Grand Jury on Mon
day.