The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1902-07-08
A VERDICT OF MURDER
CORONER BRAYTON'S FINDING IN
THE ROSENGARTEN CASE.
He Attempts to show why the Theory
of Suicide Is Not nab
What He Says.

A verdict Of murder in the Rosengarten
case was returned by DIR. A. w. Brayton,
county coroner, yesterday. Harry Rosen-
garten, a merchant policeman. was found
dead in an alley between Pennsylvania and
Delaware streets, near Pratt street, on the
morning of June 9. with a bullet hole in his
head. A revolver was clinched in his land.
The police department advanced the theory
of suicide, but it was not accepted by Ro-
sengarten's family and friends. Coroner
Brayton comments at length after consid-
cradle meditation, setting out his reasons
for believing that -Rosengarten was muir
dered. There were really three theories as
to the cause of death-suicide, accidental
shooting and murder. The foremost reason
Coroner Brayton gives in substantiating his
verdict is the size of the bullet. He says:
I'm my opinion the theory of suicide is
negatived by the fact that a careful study
of the bullet which was found within his
skull was about one-third lighter by weight
than the bullets in his revolver. The fatal
bullet weighed 1864 grains. while the re-
volver bullets weighed 1924 to 156 grains on
an average. a careful study of the place
of entrance in the right temple showed that
The bullet passed at right angles through
the DTall, u 10 CIdChlIS OF llQtilllHS the
bone opposite at point of entry. The skull
at the point Of entry was thin. and the bone
had readily broken from the impact max
ing a wound OF entry twice as large as
the bullet, and fracturing the skull one
and a half inches to a point over the right
eve, that negativing the possibility of the
bullet being shaved off in entering the
skull"
The coroner says the skull was not torn,
nor was there any evidence of fragments
of the bullet necessary to lessen its size.
He sets out that the rulings in Rosengar-
tens revolver are smaller than those
marked on the bullet. and that the cupping
of the fatal bullet m that from a
rim-fire cartridge and different from those
remaining in the revolver. 1t is also con-
tended that the revolver did not smell OF
powder smoke. and also that upon investi-
cation there was no probable or reasonable
cause for suicide. In conclusion the verdict
''The place where he was found in the
alley provided abundant hiding-places for
an assailant at close range. The fact
that one bullet was discharged from his
revolver, and that but one shot was
heard at the time by several witnesses.
about 5 a m, June ., and that his gun
was found clinched in his right hand, with
one cartridge exploded, are probably the
findings on which the immediate conclu-
sion of suicide was made by the officers.
But il is we'll known that Rosengarten
had been in the hab of having an
empty cartridge in his gun for safety, and
this at the request of his wife. The evil
dence also shows that R~osenSdrtcn had
killed a dog some time before his death,
within a period of a month. II is quite
possible that there was an exploded cart
ridge in his revolver at the time of MS
death. and possibly for many months be-
fore.
THE evidence of R~osengartea's most in
innate friends, Merchant Patrolmen /. j
Woolley and b. F.. Myers. is of the highest
value as to R"oSengarten'S character and
disposition and relations with his wife and
devotion to his business. Mr.. Woolley tes-
titles TO Rosengarten's custom of carrying
his gun on safety that is. with an empty
cartridge. Mr.. Woolley also testifes that
Rosengarten had reprimanded some noisy
men Sunday morning, and also that on
Sunday evening he had some trouble with
another disorderly gang of drunken men"