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

stuck closely to the main parts Of his.
story.
Isaac T. Murray was the second
witness, and his testimony also re-
lated to conversations held with one
of the defendants. He said that
while working for A. w. Merrifeld,
Zewadke had come to his cabin after
he had gone to bed and told him that
Theirsch had torn down his fence and
that he was going to fix it in the
morning and asked for the loan Of
his (Murray's) gun. Zewadke said
that Theirsch had threatened him a
time or two, and he could do nothing
If he went UP against a gun empty
handed. On Murray refusing to loan
him his gun, Zewadke took one be-
longing to fellow employee of Muir
rays and left the cabin. The witness
was very slow and deliberate in Us
testimony and gave the impression
of having been drilled in what ne
should say.
Mrs. Willis, the keeper of the Sec
ton house at Pleasant Valley, was
then called, and testified practically
as the former witnesses. She stated
that Zewadke had told her that he
had had some trouble with Theirsch
and that he was going to get gun
and fix him so he would not bother
him or any one else again. The wit
ness was positive that such con-
versation had occurred, and the close
cross-examination conducted by Mr.
Grubb failed to shake her testimony.
Paul Fredensborg, who was with
Theirsch when he was killed, was
then called and testified as to the
way the affair occurred. He said
that on the morning of June 81 he
and Theirsch had started to work on
the fence enclosing the disputed tract
of land, and that in order to get to
it they the day before had removed
panel of fence belonging to Zewad-
Ike. Theirsch was in wagon while
he was horseback and some distance
behind the former. Theirsch drove
through the improvised gateway and
had hitched his horse to the fence
and was walking toward him, when
he was confronted by Gehler with
rife under his arm. At the same
time he heard some one calling to
Theirsch to throw up his hands and
looking that way he saw Zewadke
pointing revolver at Theirsch, who
was standing in the wagon with the
team at a standstill. Almost imme-
diately Zewadke commenced shooting
and fired two shots, when Theirsc-4
reached down in his dinner basket
and dug up his own revolver and re
turned the fire. After a brief ex-
change of shots, Theirsch fell from
the wagon to the ground, with
wounds in his back and head The
witness told his story in broken Eng
fish and when in doubt as to the
right words he would show the jury
how it happened. He was the star
witness for the prosecution, and
when turned over to the defense he
was subjected to a severe and search
ing examination. The main
points of his story he stuck to with
praiseworthy determination, but was
mixed on some of the minor details.
Mrs. Otto Theirsch followed FIRE.
densborg, and told of the death of
her husband and the bullet wounds.
Her testimony was unimportant. as
was that of DR.. A. D. Macdonald,
who examined the body of the de-
ceased. The doctor merely stated
the fact of making an examination
of Theirsch, and gave as his opinion
that death was caused from the bull
let wound in the head. Charles
Therriault, who arrested Theirsch,
testified to the finding of the two
guns, and stated that the guns in
evidence in the case were the ones
usd by Zewadke and Theirsch.
Mrs. Willis was recalled and told
of Zewadke telling her the day after
| the fight that he had ordered
Theirsch to stop or he would fire and
that when the latter did not do so
he commenced shooting.
| Fredensborg was also recalled and
said that after Theirsch had fallen
from the wagon, Zewadke had come
over to him and, showing the gun in
his face, ordered him to tell who had
fired the first shot. The witness was
little mixed On what he said, but
thought that he had told Zewadke
that he did not want to mix up in his
quarrel and to leave him alone.
This concluded the testimony of
the witnesses for the prosecution
present, and at $3.50 an adjournment
was taken until 10 o'clock this morn
ing.
At the conclusion of Paul Fredens-
borg's testimony this morning, the
state rested it's case, and the first
witness for the defense was place
on the stand. Dan Karrott was first
called, followed by John Mcdonald,
/ TlDk1 D., L -. L.