The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1895-11-10
TWO GUILTY, ONE NOT
The McCann Boys Convicted,
the Father Acquitted.
AN APPEAL PROMPTLY TAKEN.
Michael McCann's Latencss Due to
sound sIeep-His sons Indignantly
Insist They Are Innocent.


Mccain. James Mccain and Michael Nc
Cam are defendants. do find the defend
ants John Mccain and James Mccain
Guilty as charged: Michael Mccain not
guilty S. J. TEAcHNoR, Foreman"
Az Clerk Mcclure read this verdict in
Judge Humes' court az o'clock yester-
day morning the few persons present SAT
Iiks so many statues. There was no
demonstration from the Mccain boys,
but their faces showed they realized the
fsil import Of the words directed at them
Their mother sat with bowed head, and
the lines In her face deepcned, giving
s9me Indication Of the storm OF emotion
within her bosom. Michael Mccain
ssemed % forget that he had
been freed and pained expression pass
e. oyer his face, sign that he thought
only OF his sons fate and forgot his own
COED fortune. As the two prisoners were
returned TO the Jail from which the YER
diet says they shall go to the gallows,
tier mother finally gave way and tears
filed her eyes.
Attorney Walter Fulton, who represent
a the defense, gave notice OF a motion
for a new trial and tie proceedings were
81 an end. IL was really pitabIe sight
% see Mrs and Mrs. McCann, I'm the au-
tumn OF life. penniless and rt-broken,
standing like lost children In the big cor
ridor Of the temple OF justice, knowing
not which way TO turn. while below, be-
hind bars Of steel and walls OF stone,
taeir sons were shut out from the world
Michael McCann's sound sleep.
When the jury came to an agreement
e. E:3) o'clock yesterday morning Judge
Bumes was sent for and arrived about
~ o'clock. AS stated in the Post-Intel-
lseneer. the only thing remaining 10 pre-
vent the announcement OF the verdict
vas the absence OF Michael Mccain.
4 a. 81.
went 10 his lodging house on Yeaier ave.
que. near Sixth street, but were unable
20 awaken any one They therefore con-
GUIDED Mccain was az some other place
The search was kept up until $50 o clock
II the morning. when Judge Humes fin
ally decided 10 go home and spoke Of for
feillnE McCanE bOndE. Subsequently
be learned that Mccain understood no
vas dismissed from attendance until yes
ierday morning and had gone home and
20 bed immedla tely He and his wife
slept at the house where Brockway and
Fulton rang the door bell. but did not
hear the bell. As customary with coun-
Try people. however. they were up early
and in their anxiety to know the judg-
nent went 10 the court house about
o'clock. The big court room was desert
cd, save for Eailiffs Brockway and Harry
lauley. who were ia charge Of the Jury,
and Attorney Fulton. The sudden arrival
- fAiN AH@A A[k&AlsAAnN SET TIC Jaw III mo
ton once more. and messengers were sent
for Prosecuting Attorney Hastie and
Judge Humes. 1T Q o'clock the Judge was
IN bis place. Clerk Mcclure at his desk,
Mrs. Cicero present. the defendants in
Their usual places, 0utwardly calm but
iuwardly anxious, and the representa-
tves OF the state and defense In readi-
hess for the final scene in the drama OF
lfe. The jurymen filed IN and took their
seats.
How the Verdict Was Received.
Gentlemen OF the jury. have you ar
rived at a verdict?" asked Judge Huues.
There was a momentary pause and
Foreman Teaehnor answered I'm the az
1rmative. A white piece OF paper was
then handed TO the Judge. and he scanned
II closely. but no one could tell from his
face what the decision was Cle ,rc-
Clure. after receiving the paper from the
Judge. arose and in clear. steady, well
modulated voice read the words that con-
demned James and John Mccain 20 tho
gallows and gave life and liberty TO their
father Michael.
some scenes arc impressive when de-
void OF the dramatic or become dramatic
from the very situation itself, and this
was one Of them. There was neither re-
toicing on the part OF the state or lamen-
tattons on the part of the defense The
condemned men sat stu as death, mast
ers OF their emotions. The mother who
has been az their side through the anx-
ious days OF the trial bowed her head az
n Frustrated. Her hands shook and so
completely was she overcome, in truth,
That her hand refused a short time after
ward to sign her name.
Tho Plea for New Trial.
On the demand Of Attorney Fulton the
Jury was polled and he then gave notice
q motion for 4 new trial One OF the
main contentious viii be that the court
erred in admitting evidence as binding
rpo9 the defendants. James and John Nc
Cam. statements and declarations testi-
TED - have been made by Michael Nc
Caan before the killing. and not made IN
fhe presence 81 James and John Mccain
f'r the reasons that there was no evil
oence I'm the case OF a conspiracy on the
TART az ira three defendants 10 commit
The offense alleged.
Il will he further contended that even
tNouch there was evidence 81 conspiracy
ca tho part or all OF the defendants Vet
The declarations and statements Of Mich
hel NcCann. not made in the presence OF
James and John McC9un. were not such
a. are binding upon a co-consp rggtor. te-
cause they we're made in casual CONVERSE
tons with nelghhors. not IN furtherance
az tho objects OF the conspiracy, - any
existed
L VIII he contended that Il is not the
law that all declarations AMI statements
q co-consplrstor are adm .ss}hla IN evil
cenoe against and binding upon a Cocoon
sNfatoT. but only such "a are made IN fur
therance Of the objects Of the conspiracy.
The Prisoners ON Their Sentence.
After the Mccain hrys were taken
Gown 20 the county Jail they were renav-
- u the steel tank. whore other convicts
are condued ard from which Tom Blsnci
Fade his famous oscspe Before the doors
N-'re locked unou tho prisoners Sheriff
van - Nauter granted ire newspaper
representatives an interview. ana thc Nc
sAans were brought into the tallsrs o.
RE When asked n they lad anything %
ire.
Wei gentlemen coa't YOU think this
rather late hour - give as a show
rom arst o. last the newspapers have
E''ated accounts pretudicil 20 cur case,
NF'tnE NJ all times from the standpoint
q TIE prcsecutior." They were remind
- taAt thew were given an opportunity
= have tseir story told az the time cf the
'eelrS hrt answered that their counsel
80 tara.dien the1u 70 talk.
l VII say te.s.' pat in John: "the YER
- rendered sh.s morning was one Of the
Isl ottrtceous ever given in King coun-
The Influence q secret societies has !
80 felt IN this case. FIRMLY believe
WI y0u exp'2in what society cr SO
sS oaVo been working against you>'
". o1at think I VII say anything
- about tho natter
We were convicted before the trial" (
-, S1'oeS. in subtle opinion. but have /
- 'ae highest praise - say = those !
f.e g..F