Watertown republican. [volume] (Watertown, Wis.) 1860-1906, 1896-02-26
FGIlGTmun Discharged
He is Not Held Accountable for the
Death of McGrath.
OUTCOME OF A CELEBRATED CASE.

The Jury RENDERS verdict OF ''NOT
Guilty''-Tria1 Continues Five Days
Much Testimony Taken and Great
Interest Manifested.
The Fellerman case, which has at
tracted more interest and attention in
Watertown than any criminal trial of
recent years, came to an end yesterday
afternoon at 3:15 O'Clock, when the jury
filed into the court room at Jefferson
and handed in their verdict. 1t was
mot guilty" They had been out since
1O:15 A. NJ. The prisoner was promptly
discharged by Judge Bennett. Excite
ment in the court room ran high and
news of the verdict was at once dis
patched to this city, the home of Mr..
Fellerman.
The Trial.
The case of the State of Wisconsin
against John H. Fellerman, charged
with having fatally shot John McGrath
in this city, June 9, 1895, began at 2
O'Clock Thursday afternoon last in the
circuit court at Jefferson, Judge Ben
expectations, there was no unusual de-
lay in securing a jury, twelve men be-
ing sworn to serve inside of an hour.
They were as follows: F. A. Mepham,
Hebron; John Abbot, Sullivan; Julius
Cooper, Lake Mills; S. E. Waterbury,
Jefferson; R. E. Faville. Milford; John
Widmann, Oakland; A. G. Crittendon,
Hebron; Henry Smith, Koshkonong;
John Sauer, Hebron; Clark Pierce,
Sumner; Richard Jones, Palmyra, and
Charles Hummel, Koshkonong. All
are farmers by occupation except Wa
terbury, merchant.
The trial opened with statement
for the prosecution by District Attor
ney Ryder. In reviewing the facts as
the state possessed item he said Nc
Grath was mortally wounded by the
third bullet fired by Fellerman. John
G.. Conway made the opening address
for the defense, going over the case as
outlined by the district attorney and
saying they would prove that more
than three shots were heard that night
and also that the third shot, which was
claimed to have been the deadly one,
was fired into The air at an angle of
forty five degrees. This, then, was the
lire of defense-that Fe]lerman' s shoot
ing having been in an upward course,
could not have caused the fatality.
Mr. Conway emphasized the good
character of the defendant, and claimed
that, while they could not deny that
Mr.. Fellerman had used revolver,
| the defense would show that he was
not prompted by any malicious aiore-
thought, and his actions were the nat
ural outcome of desire to protect a
defenseless woman and to scare mid
night intruder.
The first witness on the stand for the
state was G.. 0. Viebahn, who explained
a plat he had drawn of the locality
where the tragedy occurred. Testi-
mony of similar nature was given
next by Lawrence Donner, who had
taken photographs of the premises.
Mrs. Anastasia Ryan and her son
Thomas told their stories of the un-
heralded visit of McGrath to their
home on the night Of the fatality,
Thomas also telling of the shooting and
Of finding McGrath subsequently, on
! the sidewalk
Drs. G. R. Field and F. G. Moulding
gave expert testimony, the former also
testifying as to facts concerning his
professional attendance upon the de-
ceased Court then adjourned to Fri
day morning.
At 9 A. NJ. Friday the case was re-
sumed. DR.. Field was recalled and
modified some of his testimony of the
preceding day.
Dr. W. F. Whyte was put on the
stand, and among other things said it
was his opinion man receiving bull
let wound such as McGrath's would
drop in his tracks
Mrs. T. F. McGann testified as to
what she heard the defendant remark
during the shooting.
Jacob Eiff1er, who was then night
policeman, told of how the defendant
notified him of the shooting and offered
himself for arrest.
Ferdinand Link, r. E. Jaeck and Al
bert Wendorf testified as to remarks
they heard Fellerman make, the form
or at the scene of the shooting and the
latter two at the city hall.
Several other witnesses were sworn
by the state, but their testimony was
of no particular moment.
The defense opened Friday after
noon, the first witness being John
Smvth, who told the entire story of the
occurrence-how he and Fellerman
had been summoned by Mrs. Ryan and
OF finding the stranger near the latter's
door. He said Fellerman ordered the
man to leave, at the same time empha-
sizing his demand with ahoi ovor fbo