Watertown republican. [volume] (Watertown, Wis.) 1860-1906, 1896-02-26

man McGrath was then on the side
walk and started east on West Milwau-
kee street. He and FelIerman followed
him up; they walking on the lawn
about eight feet from the sidewalk.
When they reached the driveway be-
tween the Smyth and McGann resi-
dences, Mr.. Smyth said he stepped
back few feet; soon after he heard
shot and not hearing footsteps on the
walk, he said to Fellerman, "Take care,
John, that you did not shoot him."
NO. said Fellerman, ''I could not
have hurt him for [ fired into the
trees" Not hearing a movement in
the direction of where McGrath went,
they procured light and went up the
walk and found him lying there. The
witness then advised Fellerman to 90
down town and advise the officers of
what had happened, which be did, re-
turning with Officer Eiff1er and Ferd.
Link.
Mrs. Smyth was called and substanti-
ated the evidence of her husband so
far as she was implicated. She also
denied portion of the testimony given
by Mrs. McGann for the state.
Mr.. Fellerman then took the stand
and told his story. it being essentially
the same as given by Mr.. Smyth.
ID. Fulkerson testified as to having
heard three shots and having seen the
last. 1t was fired into the air, he said,
at an angle of from 35 to 40 degrees.
w. G. Stone swore he heard shooting
on the night in question. He heard
voices in the direction of the Smvth
home and getting out of bed saw the
third shot fred, it being at an angle of
about 40 degrees. He went to the
scene of the occurrence to investigate
and was there when Fellerman, Eiff1er
and Link returned from down town.
Mr.. Stone swore he did not hear the
conversation between Messrs. Link
and Fellerman, testified to by the form
er, and thought it could not have oc-
Cured without his hearing it, as be was
with the defendant up to the time the
injured man was removed.
William Wurtzler and William Kelly
testified as to having heard several
shots fred that night besides the three
in question.
S. M. Eaton showed letter from the
defendant asking that McGrath be we'll
cared for.
Fred Kusel, A. E. MendenhaIl, g.
May, w. ID. Sproesser, w. F. Voss and
j. w. Moore testified as to the good
character of the defendant.
The testimony being all taken at 4:3O
Friday afternoon, both sides rested.
District Attorney Ryder then made his
argument for the state, and was fol-
lowed Saturday morning by George
Grimm for the defense. At IL A. NJ.
Saturday court adjourned until Mon
day, when John 6. Conway and Har-
low Pease plead for the defense. Tues
day morning R. B. Kirk land closed for
the state, after which Judge Bennett
gave his charge to the Jury, the same
consuming about half hour. The case
then went to the jury.
History of the Case.
All our readers are no doubt familiar
with the history of this affair, so at the
present time brief resume will per-
haps suffice. BetweenIthe early morn
ing hours of II and / o'clock on June 9,
last, stranger appeared at the dwell
ing of Mrs. Anastasia Ryan, 3O8 West
Milwaukee street. and began pounding
vigorously on the door as if to gain an
entrance. s..Ryan's son Thomas ar
swered the summons while she herself,
becoming seriously alarmed, hastily
sought assistance from her next-door
John Smyth and John Eel
lerman, who reside with their families
at 306 West Milwaukee street The
two gentlemen responded and ordered
the stranger, who is said to have been
from the premises. Dur
ing the excitement Mr. Fellerman fired
three shots from 38-calibre revolver
which he had brought from his house.
and one of these shots was supposed to
have taken effect on the stranger, he
falling in his tracks on the side walk
short distance east Of the scene of the
Mr.. FeIlerman notified
the police of what had happened and
offered himself for arrest. The injured
man was taken to the city hall and at
tended by DR.. Field. He was found to
be shot through the head, the wound
being a mortal one which caused his
death at II A. NJ. of the same day. An
account book on his person indicated
his name to be John McGrath, and he
was identified as formerly having
worked for John Howard on the lat
ter's farm west of the city. No relatives
or intimate friends appeared to claim
the body, 80 it was buried after few
days at the county poor farm. A coro-
ner's inquest held by Justice Henze
found a verdict that the deceased
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