The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1895-11-06
THE AV0NDALE FIGHT
rrs-Witnesses Tell How Joe
Cicero Was Killed.
/, MYERS TOYING WITH SKULLS.
rs6auee Brings Ont Some PaIliatins
Facts and Weakens the Case
Against Old Man Mccain.

Z Avoadale continued until after 3 o clock
Is. nlsat. and as the prosecution had not
49, called all ats witnesses an al tourn-
80 vas taken 10 this morning Mr. Haz-
- ard Mr.. Morris. for the state. put in
4 ,aags Of ccrroborative evidence that
I f,uss Mccain violently assaulted the de-
s,ased dealing him one blow. among
s.sers that fractured his skull. and that
fskn Mccain fred the shot IN the brain
- Cicero, from the effect OF which death
sesaea. As 70 Mccain. the father. there
80 evidence OF threats that he would
ssye one Of his boys do up Cicero. The
discrimination for the defense. con-
kurted BY James Hamilton Lewis, as
sxssg By ". IL. Gay and W. H. White.
ssoaght out the testimony taat after the
assault Cicero sought hts rife and walked
bsck 10 the Mccain brothers armed with
i. and also endeavors were made TO prove
raj the injuries sustained by Cicero be-
t2re be fetched the rifle might have been
sse result % his fan when struck. and
tos Of the blows received The evidence
ef old man AIcCann's threats. as given By
,xe witnesses, was modified on cross-ex-
animation and weakened.
skulls Are In Evidence.
There was an indication or the policy OF
tas defense In the crosse examination Of
tie very first witness called. This was
Dr. o r. Askam. the coroner. and he had
a2rfty tahNh fstS Stittt on L4at Witness stand
vhen Mr.. Lewis came forward. huFrsedIy
eoening a newspaper and disclosing a
sr.nning skull As we win need a skull
. refer TO- ] have brought my own" ne
observed. We have our own. thank
you" said Messrs. HASTE an. Morris, in
breath, and they produced two more
SKULLS
TIE Introduction Of such CHASTITY para
phsrnalla Is common In murder trials,
al ~ gzfU In led Al.
by the lawyers always gives the sensa-
iisa-seek!ng audience a more or less en-
hgable trr.il. 1t was so In this case. But
TIE thrilling part. the pathetically thrill
az came Ia when Mr.. Lewis was cross
examining Or. Neville as 10 the autopsy.
Holdiug the skull In his hand, he asked
n an indifferent manner; Yes. 10 find
TIE course OF the bullet you sawed the
top or Ike this. and then took a cfisel."
The widow OF the murdered man was sit
ting at the hack. Just inside the rail. At
he mention Of saw and chisel she sud
dshly sobbed. and then bowed her head
into her handkerchief and wept bitterly.
To her fevered imagination IL suggested a
picture OF suffering, as well as the hOrri-
be mutilation OF her dead husband
She Is a pretty woman, with the pure
oval contour, olive skin. iustrous
eyes and soft, dark. waving hair, over a
smooth, bread forehead OF a typical Ma
dona. Yet she IS Of American parentags
on both sides, and was born and brought
gp in Indiana She was dressed In black
eioth neatly and styiishiy made. When
the hcodgates of her sad reeoilectons
we're rudely opened she cried with tho
saaRdon of a child. but the paroxysms be-
ing passed, she prlnked out the pun
sleeves OF her dress with the coquetry
that in a pretty woman seems irrepressi-
Ne. and stronger even than emotion. The
BOTHER and sister OF tho Mccain boys
watched the play OF the skulls and listened
70 the talk OF saving and chisel!ng with
absorbing interest. but they were dry
eyed. II did not refer TO their dead
The Cause Of the Wounds.
The cross-cxaminatlon Of the coroner
was first as 20 the bruises on the face Of
the deceased. which were admitted 10 be
such as a man might get by falling. The
fracture on the left side Of the head was
also such as might be inflicted by a fall
ON a rock or on a stump, such as that
near where the fatal quarrel took place,
bat when no was asked whether after re-
ceivinR such q blow y man could walk an
eighth % n mile, spend ten minutes, return
that distance. then engage in wrestling
contest for two or three minutes and
throw and hold down a man as heavy as
himself the witness hesitatcd. Mr.. Has
tie interposed an objection that II was ex-
pert testimony the question called for.
Judge Humes testify said: Let the Wit
ness answer" Witness az first said that
after such a blow II would be impossible
FOR a man 20 DO what was described, and
then he toned II down by saying Il
don think II would be likely"
After the bullet wound had been de-
scribei he was asked ~ II had the appear
anee Of an explosive wound rather than
direct cut. as II the pistol had been held
close and glantlnE. such as would be the
- Ian. hrt
hitting suicide. To this the dociore merely
testified as 20 the character Of the wound,
grading The suggestion OF suicide.
In the cross-cXaminatidn OF pr. l.. {.
Neville who assisted at the autopsy. this
,ugeesticn Of the policy OF the defense
vas also marked. The questions were
similar Or Neville thought such blow
or ihe side OF the head as that received
b. the deceased was enough 90 XIII
man. but not Immediately. II was true
that IL would render him senseless. Both
OF these medical gentlemen were asked
they had noticed d.. Miller az the
antopsv. and admitted that they had. ut
Which Alr Lewis east a look at the jury
Is Z % intimate that they would hear
ssmtthiug interesting upon this point
when Or Miller was called by tie de-
fenyc
Abaer Davis the Grst witness or tho
tragedy was an old man with wan face,
IN faded iEht clothes. who spoke in low
voice and ynnmbled SO badly that when
question had been twisted and made
oFeg 90 at enc scope Of his compreben-
sion he had 10 re asked to repeat his an
swer in a clearer tone Having already
tod hs story OF the fracas between the
Ac1Brus and the dead u8n twice. he eot
0toush hts direct testimony straight
enWga bnt his cross-eNafulnation by Mr..
Lewis WAS tedious. and the result fer tho
stfeose dil nos seem % be very material.
&.s testimony was 20 the effect that.
a. D. WAS az work on the road. the two
AcCaru bows came. and while jim struck
ne aec5 sed on the side 81 the head with
something in q handkerchief he took
iroei ms pocN {. john threw OF his vest
sha nut up his fists az Cicero. who had
heSa knocked down on Jim. hut John did
HoI strike Ije heard him call out Tive
a.m the gun J.rn." hat Jim did not draw
his revolver then Witness stepped John
sa3 tol4 him thcv had "done enough"
he also testified 81 the shooting SAYING
'h@' he believed James did all OF Il
Map OF tho scene o. The Tragedy.
just as Charles Hutchinson. another
Atontia}e witness was sworn. Mr. White
remarked tGat they had a map az the
s.the 81 the alleged murder for the use
g re lUry. aa3 time could he permitted
taf taa prosecuting attorney 20 look ever
e. compare 't Judge TUNES did no1
- WY reev should stop for that. and
~ MeErts tAeu made g special plea. say
- u would only take two minutes. Then
,sAs Nc0r f~2 minutes" replied Judge
names TIC counsel came in directly
so tried % 81 up thr map. As they dis
tQe coart hurried them hy calling h
- hasue g. pat thf qee>tio0 60 the Wit
- For 1d tes. tire examination ard
n . H d. Ira