Watertown republican. [volume] (Watertown, Wis.) 1860-1906, 1900-02-27
McCOURT MURDER CASE.
From The Jefferson Banner

morning and the jury was finally Sc
cured just before adjournment that
evening. A special venire of thirty
six jurors had been summoned in addi-
ton to the regular thirty-six jurors
IN attendance upon this term, and
nearly all of the seventy-tWo were
examined before twelve men salts
| factory to both sides were secured
| Following are those sitting on the case:
Eli Fischer, city Watertown; Henry
j. Heilman, city Watertowp; G. A
Vaughn, city Watertown; Louis Fisch-
er, city Watertown; Fred Dobbratz,
city Watertown; Ernst Ohm, city Wa
tertown; Charles Porter, town Water
town; Christ. t. Strauss, town Water
town; A. f. Van Lone, town Hebron;
Amos Bailey, town Koshkonong; A L.
| Wescott, town Koshkonong; Otto Lier-
man, town Ixonia.
The taking of testimony was begun
| Tuesday and the states testimony is
not yet finished as we 60 to press.
John Roehl was the son of Chris
tian Roehl. a farmer living near Krogh-
vile, in town Lake Mills. John and
the defendant McCourt, had had
| trouble before, McCourt having been
convicted of charge of assault
and battery upon John a few years
ago. The trouble on the occasion in
question arose ever a dispute about
| the limits of a right of way. which
McCourt had over a portion of the
oh T. IL
p, with three younger brothers, was
chopplng wood on piece of land ad-
Joining the right Of way In question,
and claims that McCourt drove by
with his son, Phil, with hay rack
down to some marsh land he owned
and that he drove off the right of way
some rods, cutting through the sod of
the meadow, as the weather was mild
and the ground soft and wet After
he passed. the four boys went down.
at Johns suggestion, carrying some
long poles, which they placed across
the track thus made to prevent Nc
Court from driving over it again.
On McCourt's return with a load of
hay, they observed that he stopped at
the first pole, got down off the load and
threw~it aside The four boys then
hurried down, three of then carrying
with them the axes with which they
had been working, to where McCourt
was. and John and McCourt had some
argument about where McCOurt's right
of way was, John claiming that be
was driving off of it, and McCourt de-
claring that he was not McCourt di-
rected his son, Phil, to drive on, and the
whole party moved on to the last pole
placed across the track. McCourt
stopped to lift the pole and John stood
upon the end of it to prevent him.
Up to this point there is little dis
pute as TO what took place. The Roehl
boys, on the part of the state, say that
McCourt ordered John to get off and al
most Immediately struck John on the
side of the head with the handle of a
pitchfork he was carrying, knocking
John down TO a STOPPING position; that
John started to rise, and that Nc
Court grabbed the axe. which John
had in his hands, away from him and
chopped John in the head with it, aud
that John ran screaming away; that
Louis, the third son, just after John
was struck with the fork, jumped up
on McCourt, seizing him from behind
around the muscles of his arms and
was hanging upon him in that position
when McCourt struck John with the
axe. McCourts son, Phil, while Louis
was in that position, came up and hit
Louis on the back of the head with a
fork, and McCourt himself brought
the axe he held back and hit Louis on
the head with it, and then shook him
off. That Louis after he struck the
ground attempted to crawl away and
that McCourt followed him and struck
him again in the head with the back
of the axe, leaving him unconscious.
The other two boys took no active
It was iirst thought that Louis was
more seriously injured than John, but
Louis recovered. while John died four
days later. There is another case
pending against McCourt for the as
sault upon Louis.
No testimony has yet been given up
on the part of the defense, but Nc
Courts counsel stated in the opening
statement to the jury that their testi
mony would show that the Roehl boys
came down there expecting to have
trouble with McCourt and that they
were prepared fcr it, and that McCourt
did not strike John at all with the axe,
but that the blow which caused his
death was given by McCourt's son,
Phil who struck John with the thines
of the pitchfork he carried, when
John was attempting to hit his father
with an axe. The testimony upon the
part of the defense will doubtless be
quite lengthy, aud the c;tse may not
be finished this week.
Great interest has been shown in
the trial. and the court room has been
crowded to its utmost capacity daily.
District Attorney Rogers, assisted by
his father, w. FL. Rogers, is conduct
ing the prosecution, and John M.
Olin, of Madison, and r. B. Kirkland,
of this city, are the counsel Cor the
defendant.