The Kalispell bee. [volume] (Kalispell, Mont.) 1900-192?, 1902-06-24

News was received in Kalispell
Saturday morning of a bloody gun
fight in Pleasant Valley between Otto
Theirsch and John Zewadke, result
ing in the death of the former and
the slight wounding of the latter, who
is now in Jail in this city. There are
several different stories of the affair
but the truth will probably be
brought out at the trial.
The trouble was over 80 acres of
land belonging to the Northern Pa
cific railway, Which both parties were
trying to secure. The land joins that
owned by Zewadke, and he was desir-
Gus of purchasing it in order to make
larger range for his stock.
Theirsch, however, had commenced
to fence the property first, and when
Zewadke learned of this he and some
of his friends who had rails already
cut, drew them to the land and fenced
it in, with portion of Theirsh's. land
in the fence.
In order to build his fence the lat
ter was compelled to tear down a
panel of the fence owned by Zewadke
for gate, and this led to the fatal
affray of Saturday.
When he first commenced to go
through the fence, Zewadke was
working at the Merrifield ranch and
was not aware of the trespass until
told by one his friends. Late Friday
night he went to the ranch of Will
lam Gheller, near the disputed land,
and asked him to go with him the
next morning to repair the break in
the fence and keep Theirsch out
Very early Saturday morning the two
men saw Theirsch and a young man
named Paul Friedensburg driving to-
ward the fence, and they left to head
them off. Zewadke was ahead of
Gheller, and the latter was in the
center of the disputed land when
Theirsch entered. Zewadke had gone
straight to the panel used as a gate
and was there when Theirsch en-
tered.
In regards to what happened after
ward, stories differ. The story of the
killing and the events that led up to
it are as follows:
Zewadke was desirous of obtaining
the land and was negotiating for it
through the Northern Pacific land
Offices in st. Paul, and while doing
so had fenced in a portion of it.
Theirsch, he claims, had gotten ahead
of him by dealing with the Northern
Pacific land agent N Helena, and had
secured lease on the property. The
fore part of last week. 1heirsch had
notified him to remove his fencing
days notice, as required by law. He
was going to obey the notice. but
was first desirous of obtaining proof
that Theirsch really had the author
ity to order him off, and for several
days he made no move in the matter.
Friday afternoon, according to Ze-
wadke's story, 1heirsch, with his
hired man, Friedensburg, had gone
to work and torn down several panels
of his fence and his neighbor Gheller
had come to the Merrifield ranch.
where he was working, and notified
him. The two men left Immediately
for Gheller's ranch, where they spent
the night, and the next morning
early they went to the place where
the fence had been torn down, and
shortly afterward Theirsch and Erie
densburg appeared. The former was
in his wagon while the latter was on
horseback some distance behind
Zewadke says that he then stopped
Theirsch after he had entered the
field and asked him why he did not
wait few days before taking deci-
sive measures, and that he was going
to remove the fence without any trou.
Bile. There were few more words
when suddenly Theirsch stopped
down and picked up revolver and
commenced shooting at him. He was
armed with six-shooter, 44-caliber,
and returned the fire. After four
shots were fired Theirsch fell from
lie wagon. and he went to where he
was lying and picked up his gun. He
saw. so he claims, that the man was
seriously wounded, and after a short
delay he went at once to Pleasant
Valley and surrendered himself, told
what he had done and waited there