The Denver Jewish news., 1924-11-13
The Case of Captain
Rosenbluth
1sse Murder Charge Against Him ansi
Sergeant Pothicr which Coilap~esi
Vixen BroHsht 10 Trial.
by LOUIS MARSHALL

that the United States District Court
at Tacoma dismissed the Indictment for
murder against Captain Robert Rosen-
bluth and discharged him uncoudition-
ally. But few of the newspapers pub.
lished the item, and those which did
tucked II away In nm obscure corner,
In contrast with the crying headlines
which for several years gave prom.
ncncc to this prosecution. Nevcrthc-
less. 1t is celebrated case in our an
mails, extraordinary In many aspects.
and deserving Of close analysis.
Captain Roscnbluth is a native born
citizen, man of good education and
Il graduate from the Yale School of
Forestry After leaving college he fol-
lowed his profession. at one time being
in the employ Of the New York State
i Conservation Commission where he
found an opportunity to render unus-
ually valuable service for the State.
Subsequently he became an efficient as
sistant to Katharine Bemcnt Davis,
Commissioner of Correction of this
city. When the war broke out he en-
tered the army, where on his merits
he was promoted to a captaincy. While
In the service he enjoyed an unblem-
ished reputation. After the war. he
served the American Relief Admin
istration in Russia, under Mr.. Hoover.
and later still the Joint Distribution
committee in Siberia, in a position of
responsibility.
In October, 1918, he was stationed at
Camp Lewis. in the State of Washing
ton, with the 213th Engineers. his SUI
perior being Major Alexander +. Cronk-
hite, promising officer, who was uni
versally beloved and to whom Captain
Rosenbluth was greatly attached. On
Octoner ~ 1918 the Major having had
an attack of influenza, Captain Rosen-
bluth conducted the regiment on n
march of considerable distance from
the barracks About an hour after the
column started. Major Cronkhite de-
ci,led to take walk and asked Serg-
cant POthier, who was not connected
with his command, but who happened
to Ire nearby, to accompany him. They
followed the regiment and after some
time reached the place where 1t was
at rest, and there the Major and Poth-
Ter proceeded to fire with revolvcrs at
an empty tobacco can. In the course
of this diversion the Major was killed.
An alarm being given, Captain Rosen-
bluth and others, Including the regi-
mental surgeon. who were only a short
distance away, hurried to the spot to
render assistance, and the Major died
in the Captains arms. An autopsy
was at once made, Il board of inquiry
consisting of a Colonel and two Majors
Investigated the cause OF the death.
and it was found that ii was due to an
accidentally self-infiicted wound These
findings were reviewed and approved
by the Major of the Engineering Corps ::
all in conformity with military pro-
cedure.
More than two years later Rosenbluth
and Pothier We're arrested on Federal
warrants charging them with the kill
ing of Major CrOnkhite. As the uncon-
tridicted testimony showed, Pothier
was subjected to the third degree by a
number of Secret Service men and five
so-called confessions were extracted
from him. given five different and con-
.ilicting versions-togethcr with the
dairies kept by the inquisitors consti-
tuting veritabe curios of legal liter
ature. These confessions were re-
tracted by Pothier as soon as he was
relieved from the duress under which
they were made. The proceedings
4 against the defendants under these
warrants We're dismissed at the in
stance of the Government pursuant to
instructions from the Attorney General
of the UiIited States, on the ground
that the Federal courts had no juris-
diction over the alleged offense be-
cause the title to the lands constitute
ing Camp Lewis. where the death oc-
Cured had not been acquired by the
Federal Government at the time of
Major Cronkhite's death, and conse-
qnently the State of Washington alone
had jurisdiction over any offense that
might have been committed on these
lands.
At the instance Of the Attorney Cen
eral all Of the documents relating to
the case which had been collected by
the Federal agents were turned over
to the Hon. ]. w. SeIden, prosecuting
attorney for Pierce County, Washing
ton, the death having occurred within
the boundaries of that county. Rec.
osnizing that the state alone had juris-
diction, he proceeded diligently to make
] min 10