(This is research for a law school paper – not my family line)
Dorothy Jane Krueger was the daughter of famed General Walter Krueger. Gen. Krueger is best remembered for his command of the Sixth United States Army in the South West Pacific Area during World War II under Gen. Douglas MacArthur. He was the first soldier to rise from the rank of Private to General in the United States Army. He was on board the U.S.S. Missouri during the Japanese signing of the surrender treaty at the end of World War II. He retired from the Army as a full, 4 star General.
Walter Krueger was born in Flatow, West Prussia (German Empire) (since 1945 Złotów, Poland), the son of Julius Krüger, a Prussian landowner who had served as an officer in the Franco-Prussian War, and his wife, Anna, formerly Hasse. Following Julius’s death, Anna and her three children emigrated to the United States to be near her uncle in St. Louis, Missouri. Walter was then eight years old. After Anna remarried, the family settled in Madison, Indiana.
In September 1904, he married Grace Aileen Norvell. They had three children: James Norvell (July 29, 1905 – December, 1964), Walter Jr (April 25, 1910 – February 15, 1997) and Dorothy Jane, (January 24, 1913 – May 22, 1991. Both James and Walter Jr attended the United States Military Academy, James graduating with the class of 1926 and Walter Jr. with the class of 1931. Dorothy married an Army officer, Aubrey Dewitt Smith.
Walter met Grave Aileen Norvell in the Philippines in 1903. She was there to visit her sister, the wife of an Army chaplain. He returned to the US in Dec. 1903 to Fort Crook, Nebraska. He took a two month leave beginning 10 Sep 1904 to marry Grace. The newly weds returned to Fort Crook and their first child, James Norvell KRUEGER was born there.
As the daughter of an ambitious man, Dorothy grew up privileged and sheltered. Dorothy was born while her father was serving at posts on the east coast. He was at Fort Ontario, NY and Madison Barracks, NY around the time of her birth. Gen. Krueger served another short tour in the Philippines. They returned to Fort Leavenworth, Kansas upon his return to the US.
Dorothy married Aubrey Dewitt Smith at Jefferson Barracks, St. Louis, MO in 1934. Her father was stationed at Jefferson Barracks at this time. They had a son in 1936 and a daughter in 1938. The Smiths were stationed at some point after their marriage in San Antonio, Texas. Dorothy by this point had a history of mental issues, alcohol abuse, and narcotics abuse.
Aubrey was involved in the conflict in Korea and directly after that was stationed in Japan where he was Colonel, Chief of Plans and Operations Division [Logistic section] of the U S Army in Japan. Dorothy continued to have mental and substance abuse issues. These issues were, in her words, jeopardizing her husband’s career. She claimed he was going to send her home to the US. In reality, Colonel Smith got orders to leave for Washington, where a promotion awaited him. Apparently Dorothy, in an alcohol and narcotics haze, misunderstood and thought only she was being sent back to the US.
On October 3, 1952, Dorothy stabbed Aubrey with a hunting knife while he was sleeping. She told her Japanese maid to call a neighbor, who testified that she was sitting on one of their twin beds holding the knife, while Aubrey lay bleeding on the other. Later the maid’s version of the story was that she took the knife from Dorothy and hid it downstairs. The neighbor, another Army colonel, called an ambulance for Aubrey. He was taken to the hospital where he died, without giving any testimony, 4 hours later.
More on the legal case in the next post.
My understanding is that following a series of appeals the courts came to the conclusion that being tried by a military court violated her rights and several Constitutional provisions. The first time the Supremes considered it the rejection was far from unanimous and fairly close. I have not been able to find the final and (I think) successful appeal
I have been terrible about keeping this blog updated now that the research is complete. There are some parts my daughter won’t let me blog about until her paper is published. The cases are SO interesting that she may write a book about it. I will write a blog post about the cases tonight and you can read about it here once I get it up. Thank you for reminding me.
If your daughter writes a book about Dorothy, I certainly hope you will contact me.
Carol Krueger Holben
Carol, I was just thinking of you last night. Brittany’s paper on the cases was published on Friday in the Military Law Review and is getting very positive feedback from the legal community. She is planning to write a book which will combine other cases, so it won’t be just about Dorothy, but about the other, similar cases as well – those based on the precedent set by Reid v Covert and Kinsella v Krueger. I should start blogging about it again because a lot of the research didn’t make its way into the paper. I will have to get her permission as she might be saving it for the book. If you would like to read the paper, this is a link to one of the legal posts about it and it includes a link to the PDF version of the paper.
http://www.lawfareblog.com/2012/10/readings-the-case-of-the-murdering-wives-reid-v-covert-and-civilians-and-courts-martial/
I am glad that we know how to stay in touch now. I actually heard from Dorothy and Smitty’s granddaughter who knew nothing but was interested. Aubrey III had just passed away and her grandmother wasn’t up to talking at that point. Maybe she will contact us again.
Hope things are going well for you.
Pam
I will have to look for a copy of The Military Law Review as those cases have always interested me. I know a retired Colonel JAG who might still be receiving copies and will ask if he has it. I just heard him present an account of his experience as the senior JAG officer in the 2002-2003 period in Afghanistan.
The article is online at:
Click to access By%20Captain%20Brittany%20Warren.pdf
Thank you for the site address
Try this one – there is a link to the paper at the beginning of the review:
http://www.lawfareblog.com/2012/10/readings-the-case-of-the-murdering-wives-reid-v-covert-and-civilians-and-courts-martial/
I regret to report that when I clicked on the site I was told that there was a security problem with it. I clicked anyway and was presented with a site which asked “How would you like a trip to London?” I will try again later.
I do plan to write a blog about what happened to the women after the Supreme Court overturned their convictions. Since most of that is in the paper, Brittany shouldn’t mind that. I will get done once I organize my thoughts on it. Great to hear from you!
That is very odd – I gave you the direct link to the PDF file. This is a review/discussion of the paper with a link to the PDF version. Hopefully this will work for you:
http://www.lawfareblog.com/2012/10/readings-the-case-of-the-murdering-wives-reid-v-covert-and-civilians-and-courts-martial/
Everything I attempt to link to responds with this warning: This Connection is Untrusted. I cannot access Capt Warren’s link online. The same warning appears when I attempt to access the Military Law Review directly. I think I will contact the retired JAG office and see if he has a copy. Thanks for the effort. You may recall my earlier interest in the article.
You have asked Firefox to connect
securely to http://www.jagcnet.army.mil, but we can’t confirm that your connection is secure.
Normally, when you try to connect securely,
sites will present trusted identification to prove that you are
going to the right place. However, this site’s identity can’t be verified.
What Should I Do?
If you usually connect to
this site without problems, this error could mean that someone is
trying to impersonate the site, and you shouldn’t continue.
You have asked Firefox to connect
securely to http://www.jagcnet.army.mil, but we can’t confirm that your connection is secure.
Normally, when you try to connect securely,
sites will present trusted identification to prove that you are
going to the right place. However, this site’s identity can’t be verified.
What Should I Do?
If you usually connect to
this site without problems, this error could mean that someone is
trying to impersonate the site, and you shouldn’t continue.
I am really sorry you are having trouble with the links. Everyone else I have given those links to has had no trouble connecting. That really is odd. I would email you a copy of the paper, but it is way to large to send via email. I hope your friend has a copy. The paper is very, very good and is getting Brittany a great deal of notice from the right circles. I hope you get a chance to read it.
Pam
Maybe if you go directly to lawfareblog.com, you can get to it that way. Or, google Brittany Warren and the links to the sites that have reviewed the paper, only published this past Friday, will come up. Hope that works for you.
Pam
Pam, glad we have touched base again. My husband, Neil, passed away last September and I am finally getting my life back together after his battle with cancer.
I believe that I am the only surviving grandchild of Walter Krueger. Feel free to email me. Carol
Brittany was excited when I told her you had posted to the blog. I knew what when we talked before, it has a difficult time in your life as your husband had only very recently passed away. Unless some of Jimmy’s children are alive, you are the last remaining grandchild of the great general. Did I tell you Brittany ordered a framed copy of his Time Magazine cover to hang in her office? She has so much admiration for him.
Pam
Hi Pam. I was googling Aubrey Smith today and came across your blog. My dad is Max Smith the son of Max Deloss Smith, Aubrey’s brother. My dad is Aubrey’s nephew making Aubrey my Great Uncle. I am not all that familiar with the particulars of the case but growing up knew of Aubrey, his Army service and unusal death. I was quite young when Max Deloss died in 1977 but knew my Uncle Duane into my early 20’s (one of Aubrey’s other brothers). I expect my dad knows more details on the case itself but was still fairly young when Aubrey was killed. I am finding your information on the case and the family lineage extremely interesting. Thank you! Pat Smith
Hi Pat – Thank you for the nice words about the research we did for the law school paper. I should update the blog as there was information that Brittany didn’t want me to blog about until the paper was published. It was published in the Military Law Review just a few weeks ago. I would happy to share any info with you that you would like to have. There is a link to the paper at beginning of the review at this site:
http://www.lawfareblog.com/2012/10/readings-the-case-of-the-murdering-wives-reid-v-covert-and-civilians-and-courts-martial/
Let me know if you would like the family tree info I put together. If you haven’t done any genealogy, it would be a great start for you.
Again, thank you for the kind comments. All of the research was done with the greatest respect for the people and families involved.
Pam
My dad, LtCol JF Doyle served with Col Smith on Okinawa when both were in 77th Div and thought very highly of him. Shocked and saddened by his death. RA Doyle, Capt USMC ret