The Kalispell bee. [volume] (Kalispell, Mont.) 1900-192?, 1902-12-05

The trial of. John Zewadke and
William Gehler for the murder of
Otto Theirsch, in Pleasant Valley,
last June, was called in the district
court yesterday morning, and the en-
tire day was spent in it's hearing.
The case is one of the most i'm
portant that has been tried for sew
eral years and the proceedings were
listened to with deep interest by a
large number of spectators who filleu
the court room. The case is bitterly
fought by the attorneys and it ex-
pected that it will be late tonight or
some time tomorrow before it is
given to the jury.
S. M. Logan is assisting County At
torney Oliver in the prosecution,
while the defendants are looked after
by G. H. Grubb and B. j. McIntire
Both sides have been busy since the
tragedy occurred to secure all the
evidence possible for their clients,
and the case offers opportunities for
flights of oratorical ability and know
ledge of legal lore which are quickly
taken advantage Of
The trial is the outcome of the kill
ing of Otto Theirsch by John Re
wadke, near Lost Prairie in Pleas
ant Valley, on the morning of June
81, 1902. The first stories of the af-
fair tended to make it case of self
defense on the part of Zewadke, but
later developments changed the as
pect of the affair and led to the
charge of murder being laid to Ze-
wadke, as we'll as to the arrest of
William Gehler on the charge of be-
ing an accessory. Outside of the
two principals, there were two eye
witnesses of the shooting, Paul Ere
densborg, who was in the employ of
Theirsch, and the man Gehler, and
their stories differed very much as
to how the shooting occurred. Ere
densborg claiming that Zewadke
fired the first shot, and Gehler assert
ing that Theirsch was the man who
opened the ball.
The forenoon session of the court
yesterday was entirely taken up in
drawing the jury to hear the case,
and of the twelve men good and true
who were first called, but three or
four remained when the jury was
finally chosen at noon. The attor-
neys, both for the state and prose
cution, subjected each juryman to
close questioning, while the state
made it point to ascertain whether
or not the juryman, had any consci-
entious scruples against the imposi-
ton of the death penalty, and if they
had they were excused. Several of
tn original panel declared themselves
as opposed to the death penalty and
were accordingly released from serv-
ice on the trial, The list of iurymen
who will decide the fate of the de
PENDANTS are Ludwig Harntvedt, David
M. Leighty, Lars Magnuson, William
e. Knight, George A. Stowell, An
thony Runner, H. W. Hunting, Carl
M. Peterson, w. E. Herrick, George
w. Lennon, Logan Higgins and L.
G Duke.
The first witness called was Chas
Cross, who testified concerning two
conversations held with Gehler rela
tive to Theirsch, in which the former
stated that he had some trouble with
Theirsch and that the next time he
would fix him, and would him up
This conversation occurred in Apr.
1901, and in October of the same
year Gehler had again made threats
against Theirsch, saying that the lat
ter had ordered him to stop cutting
timber on a piece of ground claimed
by both, and that the next time
Theirsch did that he would have his
gun with him and do him up. The
witness was subjected to a close