The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1895-08-31
FATHER AND HELD
Murder in the First Degree
Against John McCann.
THE PARENT AN ACCESSORY.
Prisoners Much Disappointed-Old Man
Yet In Jail-James McCann Too
sick to Appear.

John Mccain. who shot and killed Jos
eph Cicero at Avondale. was bound over
without hail TO the superior court yester-
day afternoon for murder in the first de-
gree. and his father. Michael Mccain
bound over as an accessory. with bonds
fixed at & 800. by Justice McElwasn.
James Mccain. who is also named as an
accessory, viii have his hearing as soon
as he is able 10 appear in court.
James Hamilton Lewis and s. II. Piles.
attorneys for the McCanns, made hard
fight 10 have John Mccain bound over
for manslaughter only, and TO have MI
chael Mccain discharged. They cross
examined each Of the states witnesses Sc
verely, and while they succeeded in break
ing some Of the testimony as to minor
details the main stories were not shaken.
When the decision of the court was an
nounced John McCann jumped to his feet,
considerably excited. and whispered some
thing 10 Mr.. Lewis. He was visibly af-
fectei The father was mora composed.
and walking over TO where Mr.. HASTE
was standing asked him when he couid
furnish his bail Both father and son
thought the contentious of their counsel
would obtain, and were greatly disap-
pointed at the verdict
a Threat Before the Killing.
The state introduced the testimony of
two new witnesses, John Gordon and
William Brown The former Is relative
of Cicero by marriage and the latter is a
missionary who travels about the coun-
try selling religious books. Gordon testi-
fled that on the day before the killing old
man Mccain came up to where he and
Cicero were talking on the road, and pass
ing the time OF day to him (Gordon)
turned to Cicero and said:
81 understand you are going to work on
the road?'
To this Cicero said:
Eyes, / expect to-"
81 hear you are going to do all YOU can
against John in the election" said Nc
Cam.
II don't know. Maybe 1 WILL" said
Cicero.
At this remark Mccain said: "You are
nothing but c. d. gambler. and We
will fix you so YOU will not bother US on
election day" He then walked away.
Gordon was cross-examined at length
by Lewis, but he stuck to his story with
out fiinching.
The struggle and the Death.
Brown said he was at the Mccain house
about forty minutes before the shooting.
and saw the old man eating lunch. About
TWENTY-FIVE minutes later. while talking
to Cicero and Davis ne saw Mccain In
earnest conversation with Provan, the
road supervisor, where he lett them.
brown
which is about 100 yards from where the
men were talking. Ten minutes after he
reached the house Cicero came up, his
face badly swollen and blood streaming
down his cheeks. Cicero did not say a
word but picked up his winchester ana
started toward the field through his barn
ward. When around the corner of the
harm witness saw the McCanns jump out
from behind some stumps, and one
of them. pointing revolver az
Cicero. fired two shots. Cicero
raised his gun, fired once and then
elinched with one of the men. They
wrestled for a second ard fell to the
ground. Cicero on top. The other man
then advanced and made a motion that
looked to the witness like blow. Cicero
fell over. and the two men walked away
arm in arm, one of them carrying Cicero's
rifle
Mr.. Lewis made sport OF Brown on
cross-examination, and was reproved once
or twice by Mr.. HASTE for buildozing.
The witness stood the cross-fire we'll. and
changed his version but little.
John parrn an eyewitness. and .. w.
Botsford who had a conversation with
old man Mccain the day of the shoot
ing, testified substantially the same as
they did at the coroners' inquest.
The Accused Held for Trial.
a recess was taken at noon until 2
o'clock. when MIR. Haste announced that
the state would close its case. whereupon
Mr.. Lewis made a motion to discharge
old man Mccain on the ground that no
testimony had been introduced to show
that he had counsefed. aided or abetted
in the commission of the alleged killing.
Mr.. Lewis argued the matter at great
length, citing authorities from the ST.
preme court of Ohio and the supreme
court of the United States.
Prosecuting ATTORNEY M. III.
Norris followed Mr.. Lewis and used the
authorities cited as the law applicable TO
the states contention why old man Me-
Cam should be held TO the superior court
without bail, as an accessory TO tho
crime OF murder I'm the first degree. He
then reviewed the facts of the case from
the first.
Mr. uastie followed I'm a logical argu-
ment covering all the points that had been
advanced by Mr.. Lewis and setting out
distinctly the transaction from the time
the threats were made by the elder Nc
Cam down TO the time when John Me-
Cam fired the fatal shot
Mr. Piles closed, claiming that John Nc
Cam had n right to kill Cicero. II he did
so to protect his brothers life, and he
argued that the elder Mccain was not an
accessory.
Counsel will agree among themselves as
to the time for holding the examination
OF James Mccain. Old man Mccain did
not succeed yesterday I'm securing bonds
men. and accordingly spent the night IN
jail.
Michael Mccain has already taken an
important step in his and his sons de-
fense by transferring to w II. White, Of
the firm Of White. Munday & Fulton, the
following property: Southwest quarter Of
the northeast quarter and the east half OF
the southeast quarter of the northwest
quarter. section H. township IS north.
range 6 east This Is the ranch on which
the family lives ard IL Is 60 he divided
among the three attorneys for the de-
fensa
The residence OF NJ. NJ Walsh, OF Cakes
dale. was burned 10 the ground last week.