Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1904-04-14
LAST or MURDER CASES.

District Court Convened at Glendale
for the Trial Of the Last Of the Rott i
Murderscases-History Of the Case.
Ashley, N. D., April ia special
term of the district court convened at
Glendale Tuesday. The principal.
case to be tried is that Of Gottliebt
Schaffer, on charge of murder in
the second degree. Schaffer and four
others were charged with the killing
of Christ Rott in a blind pig here in
February, 1903. Rott, who was at one
time a blindpigger in Kuhn came to
Ashley Saturday, February IA, 1903,
to do some collecting for a Kuhn mer-
chant He transacted business with
Schaffer and others that afternoon
and in the evening took a room at the
Cooper hotel. EARLY the next morning
he left the hotel and did not return
during the day. It subsequently de-
veloped that he spent his time Sunday
and Sunday afternoon in a little stone
building occupied by Mrs. Winter. II.
In the evening Schaffer, John Nagel,
Peter Riedlinger, Friedrich Bensinger,
Andreas Schlabsz and a printer named
Leopold Grieninger were In the place
drinking and singing Finally a quar-
rel arose and fight began. The
drinking and fighting continued, it
seems, for three or -four hours Grein-
niger and Mrs. Winter. who are the
principal witnesses for the state,
claim that Schaffer, Schlabsz, Ried-
linger, Bensinger and Nagel set upon
Rott and pounded him with beer bot
ties and glasses. They witnessed the
whole affair, but gave no alarm and
summoned no aid. About o'clock
Rott was taken to the hotel by Schla-
bsz. He washed the blood off his face
and attempted to 60 upstairs to his
room, but fell to the floor while pass
ing through the hallway. It being
supposed that he was Intoxicated moth
ing was done besides tying bandage
about his head and wrapping his coat
around him. 49,
discovery Made Too Late
In the morning it was discovered
that the man was dead. At that time
there was no states attorney in Nc.
Intosh county and A. w. Clyde. former
states attorney, acted for the state
at the coroner's inquest. The post
norton examination revealed several
bruises about Rott's head and body.
The skull was fractured somewhat at
one point. Warrants we're issued fo1
the arrest of Gottlieb Schaffer, John
Nagel, Peter Riedlinger, Anderas
Schlabsz and Friedrich Bensinger
The county commissioners offered Mr.
Clyde the appointment as states at
torney.
j. The preliminary examination took
place before Justice of the. Peace
Larimer. The five men were bound
over to the district court and Grein.
niger and Mrs. Winter placed unde1
bonds to appear as witnesses.
In April a grand jury returned in
dictments charging the men will
murder in the second degree. The
case was then transferred to Dicke!
county for trial. The defendants were
granted separate trials.
In July, at Glendale, the trials be
gan. The case against Nagel was thu
> first He admitted striking Rott cut
] ing him with knife. He was fount
guilty of manslaughter in the seconx
degree and sentenced to a years i'm
| prisonment in the penitentiary
| Judge Lauder presided at this trial
| Judge Kneeshaw next presided q
the trial Of Bensinger, who was freed
| The other case were then continue,
until the fall term. On the first da,
of the November term Mr.. Clyd
asked that the murder cases be no
called until the latter part Of the weeh
| when his assistant, Mr.. Engerud O
Fargo, deputy United States distric
!. attorney, could be present. He ais
:" filed affidavits of prejudice agains
Judge Lauder in some civil cases.
y New States Attorney.
ri
8, An order was then issued by Judg
~ Lauder Diminishing Mr.. Clyde and al
=. pointing James Austin OF Ellendal,
acting states attorney for the remain
ing murder cases. Andreas Schlabs
was next tried, convicted and SCI
:. fenced to five years Imprisonment
" The verdict was manslaughter In ,th