The Globe-republican., 1909-03-11


after the discovery Of the
body followed the track Of the team
from the canon back to the road.
There were tracks Of an extra horse,
as though it had been led by the side
OF the team. This of course started
the belief that some one riding a horse
had met Mrs. Rosenberger on the
road, and had got into the buggy and
driven to the canon. Bitter was sus
pected, and measurements Of the extra
horse tracts found leading to the
scene Of the murder were compared
with the hoof Of Bitler's horse. The
Rosenbergs had seen a man riding
gray horse down that road the day
the murder occurred. Bitler's
saddle horse was a gray and the
testimony showed that his horse
made track similar to those found
leading to the canon. The horse
had a nick broken out Of one hoof
that fit the track exactly, the wit
nesses testified. II was shown, how
ever that Bitler bad rode the same
horse with the party that made a
search for Mrs. Rosenberger the
night that she was missing. The
jury had to rely upon the small
details regarding the tracks, Bitler's
manner when arrested, his failure
to explain satisfactorily at the time
Of his arrest where be had been on
the afternoon Of the murder.
The defense relied wholly upon
the plea that the state had not made
a case sufficient to prove the guilt Of
the defendant. At neither trial was
Bitter put on the witness stand.
The testimony, while not abso-
lutely convincing in its character, in
the absence OF q defence, proved
sufficient to satisfy the jurors Of
Bitler's guilt.
In addition to the circumstances
of the tracks, it was shown that
Bitter carried a revolver Of calibre
that corresponded with the one Mrs.
Rosenberger was killed with.
Nothing regarding Bitler's past
life was brought out in the trial, but
it is claimed that he caused good
deal Of trouble and has bt en- way
werd and irresponsible. The stories
told about him by people who have
"heard things" are conflicting but
there seems no doubt he has con-
siderable to his discredit. After his
arrest he was married in the Jail at
to woman he had been
living with on the Kiowa county
ranch. Whether he is guilty of all
the things rumored or not, he seems
to have a past that the defense did
not want brought into the trial,
which could have been done it he
had gone on the witness stand.
The trial OF Bitler will be an ex
pensive one for Kiowa county. 1t is
possible that the case from start to
finish, with the first expense in Kiowa
county, the two trials here, the en-
ployment of assistant attorneys to
prosecute the case and all expenses
incurred, may reach $4,000. But
there is an expense in sorrow con-
nected with the unfortunate affair
that is vastly greater, the sorrow OF
the Rossenbergers for the mother
brutally murdered, and OF the Bitter
family, left with the alternative Of
believing their son guilty Of a
horrible, inhuman crime, or il they
believe him innocent, bearing the
grief Of giving him up to a life
sentence in the psnitentiary.
The defense in the Bitler case was
in charge Of Attorney Hodson Of
Eureka, and it was ably handled.
County Attorney Beck OF Kiowa
county had charge Of the prosecution
and he was assisted by L. A. Mad
ison, Of Dodge City. Mr.. Madison's
plea before the jury was one Of
the strongest ever heard in the court
house where the case was tried and
there is no doubt but that il had
much to do with securing a con-
viction. It has been the matter Of so
much comment that the Globe
Republican hes intended to publish
a part or all Of it, but has been un-
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