The Kootenai herald. [volume] (Kootenai, Idaho) 1891-1904, 1895-03-30
City Marshal on Trial for Alleged
Brutal Conduct.
THE CASE NOW ON TRIAL
Wife OF Collector Of tho Port Mcclure
TIL, ompistning Wit. ess Ia
the Case.

Rathdrum, Idaho, March 26.-What
promises to be quite the most interest
ing if not sensational case coming be-
fore the present session of the district
court began this morning with the read
ing of an instrument indicting G.. W.
Bechtel, city marshal of Occur d'Alene,
for the crime of battery committed upon
the person of Mamie B. Kerchival, now
Mrs. Mcclure, wife of w. j. Mcclure,
collector of the port at Bonner's Ferry.
The forenoon was occupied in secur-
ing jury, and when court was called
at p. m. all the parties were in court
Bechtel is represented by r. f. McFar-
land and James A. Keat Of Occur
d'Alene and District Attorney Beal is
assisted by Judge Frank Ganahl of Spo-
kane.
The first witness called was Mrs. Nc
Clure, who swore that on November 8,
1894, she, in company with her daugh-
ter, Miss Mary kerchival, were just
leaving a certain store in Occur d'Alene
when, without word of warning, she
was seized from behind by the defend
ant Bechtel and after a brief struggle,
in which his clothing was disarranged,
she was by the defendant thrown vio-
lently to the ground. She was then car
ried and dragged to the middle of the
street. with the assistance of another
man whom defendant had called. Other
assistance was given him here and the
woman was partly dragged, partly car
ried up flight of stairs to the office of
a justice of the peace. Here she was
thrown violently against a window
ledge and then thrust roughly into a
chair. AS a result of this treatment
witness swore that she was badly
bruised about the arms, shoulders and
hips from the effects of which she has
not yet fully recovered. She also sus-
tanned other injuries of private ma
ture which has necessitated medical
treatment five days out of every eight
since. Directly following the alleged as
sault witness was very i'll. Physically
Mrs. Mcclure is a fine specimen of wo-
manhood, being tall and stately and car
rying lightly the As years which she has
possibly seen. She has two handsome
grown daughters, both of whom are
witnesses in the case.
A number of other witnesses were
called, all of whose testimony corrob-
GRATED that of the complaining witness.
They all told a straightforward story.
varying little in detail. one from the
other. Throughout the examination of
witnesses there was frequent Interrupt
ton by the attorneys and it was nearly
5 o'clock before the state rested.
A FINE LEGAL POINT.
G. w. Bechtel, the defendant, was the
first witness called by the defense. To
the first question asked, "Were you an
officer on NOVember Q 1Sq4?'' the state
objected, and after considerable discus
sion the state admitted that they would
attempt to show that defendant was not
an officer. This brought out the county
records, which show that Bechtel was a
regularly appointed constable. Still the
state contends that his appointment
was, under the statutes, Illegal and that
therefore he had no right to act. Some
time was taken up by this argument
and the court finally took a recess until
10 o'clock tomorrow in order to advise
and look up authorities.
The cross-examination brought out
that defendant acted according to law
in arresting Mrs. Kerchival; that he
had a warrant for her and had carried
same for five months, and did not serve
same sooner because the woman had
threatened to shoot him if he attempted
so to do; that she was dangerous wo-
man and he used very means to avoid
trouble only resorting to force when ii
became necessary.
The case Is a very interesting one on
account of the prominence of the parties
to the prosecution and is being closely
watched throughout northern Idaho.