The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1895-11-05
H'CANNS ON TRIAL.
Father and Two Sons Charged
With Killing Cicero.
csapHic STORY or TIE CRIME.
r1c Old Mans Application for separ-
ate Trial Eefused-Jury SECURED
and Prosecution Begun.


August q Is now fairly under way before
rssge Ru-Hes Ia the superior court, and
.~ar1sqes tc develop 4 bitter contest
vaan the court adjourned last evening
.as 1ury had been accepted oy both siaes
and the opening statement made by Assist
AR Prosecuting Attorney w. H Morris
:. vza ar able address devoid OF ali ef-
fs-fs at ora Tory. but 80 clear and forcefgIi
sha, the people ln the court room never
rsoyea during the time he was speaking
rsrh by Incn he traced the alleged move
meats Of both sons and father to the las,
nnorsent 81 The dreadful affair told every
word that tho gate claims TO have been
ssoxen during the quarrel. and closed with
a drilling account or ''oid man McCann's
talk with a n~ighbor abo1t what the fu-
tgre had IN store for Joseph Cicero. Mr
Merits nIa.r statement OF what ne ex-
pectel 10 prove caused the prIeeners 10
sarnk visbly. Not eight feet away sat
The willow Of the dead man, tears bedm-
rslag her eyes az she heard the particu-
lar, Of her husbands death related. AIr
rewis reserved his opening statement, but
promised The court II would differ ma
ssrlzlly from that Just made by the state.
During The morning and afternoon ses-
Sons the biz court room was comfortably
flied, the majority of the people being
fran the neighborhood where the central
egures II the trial lived The prosecn-
iorney HASTE. assisted by Mr.. Morrls
valic James Hamilton Lewis. assisted by
nv. r. Cay w. II White ard Waiter Full
ton. represents. the defendants.
After Judge Humes took his seat on the
terlch John and James Mccain came into
the court room quietly, and after greet
Ing Mr. Lewis took the custom airy seats
occupied By defendants in criminal ae-
,lens They were looking well. and were
dressed neatly IN dark clothes. white
woolen shirts and white four-in-hand
reckties John. who Is charged with the
actual killing. is thinner in the face than
his brother. and his upper lip IL concealed
oy heavy sandy mustache. lie has
prominent lower jaw and well-shaped ears
that arr inclined 10 turn out at the top
from his head. His hair is brown. and
there IS not a superabundaEce OF IL. His
eyes are blue, and over the right one is
marked depression. James appears the
plrasanter OF the two. and his face is more
rounded out. He has heavy sandy mus
tache like his brother. In general appear
ance ne IL a strong, hearty and very
healthy fellow. Most OF the day he sat
With bis right elbow on the railing at his
back. practically touching the chair occu-
sie1 by his mother. an elderly woman
with gray hair and blue eyes and strong
face. Michael Mccain. the father OF tho
young men was somewhat late in reach
ton with W. ri. white. His entrance was
practically unnoticed. and he sat down
bsSits John without creating any commo-
ton an the least.
separate Trial Refused.
Judge Humes called the case and the
Witnesses names were called. Subpenas
were issued nj the request Of Mr.. White
Cor George Nowitt and - Mcpherson, al
ihough Prosecutor HASTE desired 10 know
yfsfat
something about their character.
We'll, I guess we don't have 70 tell you
what our Gaze Is" replied Mr.. White.
~ wanted 10 know something about these
men aud where they come from" said Mr..
HssNe. because In some cases In the past
witnesses have been brought In from Brit
isA Columbia"
call the jury" said Judge Humes. and
here Mr. Lewis had his say on point
mat win probably cause some trouble in
the future. lie said that since the agree
ment to consolidate the three cases Mich
rel Mccain had decided that he did not
want TO be tried at the same time with his
sons.
Well ] was very particular on this
very point when the continuance was
granted" replied Judge Humes. "and
though: IL was fully understood"
II know that. your honor" replied Mr..
Lewis. but Mr.. Mccain has reasons OF
''Call the jury" said the court
zone moment. your honor" interrupted
NJ. White. ana he went on 10 say that he
desired that the records show that Mich
ael Mccain demanded a separate trial,
adding: ~ have no doubt that Mr. Lewis
did what he thought best for all parties.
but Mr.. Mccain was not present when
the agreement was made. he did not give
his consent and now demands hts rights.
Cail thu jury" said Judge Humes.
Il desire 20 have the court pass on this
demand" kept on Mr.. White.
''The court has already passed" replied
Judge Humes. "Cali the jury
Selection OF tho Jury.
The fury box was then filed. and the
examination Of Jurors rs 70 their qualia-
cations 70 sit IN the case Was commenced.
2 r. Wishanr. a well-known newspaper
man. Who was opposed TO capital punish
nen'. was excused. r. J. BlonisSog.
millmaE snd farmer. became tangled BY
NJ. lewis questions. ard when Judge
Eumcs took him IN hand said he would
rot give the defendants the heneHt or
rcaronable doubt. and was summarily eN-
euscd
Tee examinations OF the Jurors was con-
Quoted with great care by beth prosecU-
ton and defense. and for some reason CT
ether Mr.. Lewis was very searching As 70
rrci1dices concerning religious beliefs. Nr.
ground that he was not a married man or
head OF a family. as required by pro
vision 81 the law az 1876. Judge Humes
eycuuled the objection and said he had de-
clGed the same question several times. and
teoald not change his decision. The law
az ISIS did not alter the general qualiaca-
tiers as previously prescribed. Mr..
jacobs came ,n On an opcn venire Instead
Of bang enc or the list selected by the
county con,uuiss .oners After this JACOBS
was excused on 4 pere,uptcry challenge
b nc defense
AZ ass tae state had exhausted three Of
Us *. ana the defense ten OF its twelve
persmptory challenges. After retiring FOR
q coosultaIon. the attorneys Tor the de-
Tense excused Hiram Van Rrocklin. Nor
nan Smith q farmer. mas next passed.
soa tac defense accepted the jury, as fo.-
lows.
t. O Hilton. % Maple Valley: 4. NJ.
G>ts6g-y. Of Kent. X. J. Rlairsdeil. Of
A,1at; c. II. Smith. o. WABASH Fhillp
Kelly. - S70th Park; II. T. Harmon, q
sestds &. e. TcwS,ey. ~ Seattle. ;. J.
teaear7T. % Seattle. William Andrews.
farmer. Nels Christ'anson. q railroad
MAJ George Manifold. and Norman
SAITH. q Fan city.
The Case far the Prosecution.
Il VaS exactly 0'c!Ock. 6ut Judge
ati1es called on he state - make is
ssaseHea.. ard Assistant Prosecuting At
e9FAey Morris made his first speech in
HaF9er t--4l T. was a lue effort, devoid
any attempt az cratory, but impressive
.s1~ase * rs simplicity. Ho Grs, SEATED
- h4ture @: tHs crime charged against
.f &\1rHs. ard then eNpiSlne3 the loca-
- ~ tho A~'arn house. and Us sar-
,seas,hge. we shall SAow you." sasd
81 AasES chat James came from the