The Denver Jewish news., 1924-11-13

even 10 mint or suggest That II was not
fairly or honestly arrived at. We
therefore accept these findings ns they
were made at the time.
t2) All OF the statements made by
Pothicr must be rcpudiated. They ,io
not ring true. They would no, be suf-
flcient. independent Of other evidence,
to even Justify the hling Of any charge
against him.
Ga As to Captain Roscnbluth, he
should We aud is NO FAR ~ ~e are
able TO DO n. entirely exoncratcd from
any connection whatever with the
death of Major Cronkhitc. From the
record we do not find even breath OF
suspicion pointing toward him from
any source other thnn Pothier and Spe-
ciaI Agent Lee. Lees suspicious may
be attributed to overzealousness and
Pothier's statements TO determined
effort to extricatc himself from bad
enlargement into which he unwiti ingly
allowed himself to be drawn. .
Nothing In the way Of motive has
been shown. go A great Injustice has
been done him tRosenbluthl which
should be rightcd. There Is
nothing which in any mnnner ap-
preached the dignity Of evidence to
connect him with the killing of Major
Cronkhte, t.a,l we are firmly convinced
that he should I've again restored to
public confidence 10 the same degree
that existed before the happening of
this very unfortunate incident.
One would have supposed that this
| would he the end of the matter but
powerful Influences were set in motion,
the Attorney General reversed his po-
sitior. and on Oct. IL, 1922. Rosenbluth
and Pothier were indicted by Grand
Jury impancllcd in the Federal court
at Tacoma for murder. Rosenbluth's
request to appear before the Grand
Jury having been denied Seventy
witnesses, gathered from all parts Of
the country by stnff of special agents
and special counsel. appeared In pro-
| cession before the Grand Jury. Judg-
| ing from facts recently disclosed in
court a study Of the procedure resort
| ed to would prove unusually interest
ing. Bench warrants were thcreupon
issued for the arrest Of the accused
Rosenbluth was brought before United
| States Commissioner Samuel NJ. Hitch
cock at New York, and Pothcr before
another Commissioner. nj Providence,
X. 4. where he lived. Rosenbluth was
absolutely destitute of means. as was
his family He had, however, friends
who had confidence in him and who
gave bail in a large amount for his ap-
pearance. He also secured counsel who
were convinced of his entire innocence
and who throughout all of the intri-
cate and labori6ns proceedings served
him gratultously.
Under the law these men could not
he removed to the Pacific Coast for
trial except in conformity with spcci-
fic statutory regulations. 1t was rec
ognized that the expense of summoning
and transporting witnesses TO the West
and of securing counsel there would re-
quire n sum fur beyond Rosenbluth's
ability to provide Had he been re-
moved he would unquestionably have
been imprisoned, and his admission to
bail at Tacoma would have been ex-
tremcly doubtful. For these reasons
and following well-established precc-
dents, AS well as acting on the opinion
previously rendered by the Attorney
General, and by others who had been
called into counsel by those behind the
prosecution, it was contcnded that the
Federal courts had no jurisdiction
over the alleged crime. that the SOW
ercign State of Washington alone
could act, and thatNit had, in fact,
thought the Prosecuting Attorney of
Peirce County, determined that no
crime had been committed hence that
there was no justification for the at
tempt to remove the defendants to Ta-
coma. Commissioner Hitchcock so
held In the Pothier case the United
States Circuit Court of Appeals, sitting
in Boston. consisting of three able
Judges, in learned opinion unanim-
ously so decided as to him. The Su-
preme Court of the United States. to
which the case had been removed by
ccrtiorari on the application of the
Attorney General. while refraining
from rendering a decision on the mirits
of the jurisdIctional question, decided
that in order TO avail, it would have
to he raised in the first instance on the
trial of the Indictment and not by
writ of habeas corpus. Thereupon
Pothier was taken TO Tacoma, and
Roscnbluth voluntarily proceeded there,
| IA, Ia. trinI nh, ,,.n. ,,,