The Kalispell bee. [volume] (Kalispell, Mont.) 1900-192?, 1902-12-09

After being out from o'clock Sat |
urday evening until 10:45 Sunday |
morning, the jury in the ZewauIe-
Gehler murder case returned a YER |
dict acquitting the latter and finding
the former guilty of manslaughter. |
The verdict did not state the punish
ment for Zewadke but left it to the |
court, who announced that he would
sentence the prisoner Tuesday. AS |
soon as the verdict was announce,
Mr.. Grubb, the attorney for Zewadke
made a verbal motion for a new trial, |
and this will be heard after sentence
is made. The jury, it is understood,
was unanimous in the opinion that
Zewadke should be found guilty, the
stumbling block being over the de-
gree. Three holding out for murder
in the first degree, while others fav-
| ored manslaughter. In the case of
Gehler some of the jurymen favored
manslaughter while others favored
acquittal, and it is thought a com
promise was effected by deciding on
manslaughter for Zewadke and ac-
quittal for Gehler. Zewadke is much
broken up over the verdict, as he was
confident that he would be set free.
The verdict of the jury was awaited
with keen interest by the general
public, who had followed the proceed
ings of the trial and isrgenerally con
sidered as fair and just. 1t was con
fidently expected by those familiar
with the evidence introduced that
Gehler would be acquitted, Ze-
Wadke was the man who took the
most prominent part in the unfor
tunate quarrel that led to the death
of Otto Theirsh. The jurymen were
Ludwig Harntvedt David M. Leighty,
Lars Magnuson, w. E. Knight, An
thony Runner, H. w. Hunting, Carl
M. Peterson, G. w. Lennon Logan
Higgins, L. G. Duke, and George A.
Stowell, the latter being the fore
man. Two verdicts were brought in.
one finding John Zewadke guilty of
manslaughter, the other acquitting
William Gehler
All day Friday the witnesses for
: the defense, including Zewadke, &C,
! cupied the stand and told their side
of the affair AS was the case the
, day before, the court room was
crowded and the deepest attention
was paid to what was said by the
witnesses, especially Zewadke, the
surviving principal in the bloody
; duel. His story was in the main a
repetition of the facts known to the
: public and he was emphatic in his
assertion that he did not commence
shooting until Theirsch had fired
= first upon him. Then in self defense
: he drew his gun and returned the
9 fire Nothing new was developed
from his testimony and soon after
= ward the defense rested it's case.
Saturday from 10 in the morning
until in the evening was entirel!
= devoted to the arguments of tn,
; counsel, County Attorney Oliver TO
y the state making the first argument
He was followed by Messrs. McIn
tire and Grub for the defense ant
=, the closing resume for the state wa
- made by S. M. Logan. The attorney
:, were deeply in earnest in their argu
= ments and the spectators listened t.
7 the best arguments ever made in tn
- Flathead court house.
II This morning at ten o'clock Re
'o wadke was brought into court to b
= sentenced, and stood with pal
y face when Judge Smith sentence
him to the state penitentiary at har
'o labor for period of ten years. Whe
IL asked by the court if he had any
thing to say why sentence shout
not be passed at that time he re
piled that he had nothing to say
IS Then the judge passed sentence a
s stated The prisoner stood as
IL stunned when he heard the judgmen
IS and his face turned deathly palt
H. The sentence is the maximum pena
Il ty for manslaughter and was ev
ne IDENTIFY more than the prisoner e1
Oh pected. Sheriff Hand conducted tn
n dazed man from the court room t
We the jail and will leave tonight fo
n Deer Lodge.
N There was nothing said at tn
~ time regarding new trial, but it wi
III probably come up at later dat
The sentence is applauded by thos
familiar with the case, and it i
IL thought by many that Zewadke wa
"a fortunate to escape with man