The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1895-08-30
THE VENDETTA CASE.
Hearing Of the MeCanns for
killing Cicero.
A QUESTION OF JURISDICTION.
Defense Wanted the Avundale Justice
10 Hear the Case Evidence OF
Old Man McCann's Threats.

The preliminary examination 81 Michael.
John and James Mccain. charged with
killing Joseph Cicero AZ Avondsle on Au-
gust ~. began yesterday afternoon before
justice McElwsin and will probably con-
une through today. John Mccain. who
nred the fatal shot. and his father. Mi
ohael. who is charged with being an ac-
cessory, were present. and nervously
watched every action OF the eye witnesses
and lost not a word. James Mccain could
not be present GA account OF his injured
arm
From the very outset IL was evident that
the defense intends TO make very stub
born fight 10 save the necks OF The ac-
cused- James Hamilton Lewis and s. II.
Piles have been retained on behalf OF
the McCanns, and will be assisted hy
W. III. White. Prosecuting Attorney Has
tie and Deputy w. II. Morris are handling
the case for the state. and are making an
able fight. Their witnesses Yesterday
gave strong testimony. and try as hard
as he would. Lewis could not shake them
from their main story.
Justice Nc Elwain. after calling the case
on. asked II all the witnesses and defends
ants were present. All were present but
James Mccain. Mr.. White said he was
too III to attend. Mr.. HASTE said he
thought he was well enough TO attend,
and asked that he be brought into court.
Mr.. White jumped up and said. Mr..
HASTE. If you Will go up TO the Jail /
think you will find that what I say is
true. He is not well enough to be pres
ent."
The court decided 20 go on with the case
without him and called for the first wit
ness. At this point Mr.. Lewis asked the
Indulgence OF the court to make a few re-
marks. He said il was admitted that the
killing took place in Avondale. which is
mt Of he rif INIT nj
jected 10 the court proceeding with the
case, as il was out of its jurisdiction.
He cited the state law In defense of his
objection, and said the counsel for de-
Tense would certainly enter an objection
against the proceeding should IL be held.
Mr.. HASTE said that was an old question
and had often been decided He main
tanned that a justice outside the precinct
in which the killing was done could bind
a prisoner over as well as the resident
justice. The motion was overrhled-
Mr. Lewis then asked that the witnesses.
except the one testifying, be made TO go
into another room. Mr.. HASTE objected,
saying that this was not a trial. and there
was nothing in the statutes compelling
them to go out of the room. The motion
was Sustained. and the witnesses placed
in charge of Constable Van Horn.
Coroner Askam and DR.. Neville tesu-
fed TO the condition of the body and the
character or the WOUNDS. Inc ltStAAious
OF c. w Hutchinson and Abner Davis was
about the same as that given at the cor
oner's inquest. and was not shaken ma
terially by the cross-examining of Mr..
Lewis.
The state introduced some strong tes-
timony in the persons of Frank Sale and
wife Sale testified that on the day OF
the shooting Michael Mccain came TO his
(Sales) house. and told him that Joe
Cicero was doing all he could 10 defeat
his son Johns election to the position OF
road supervisor, and that he had goofs
mind to have Jim McCann knock his
brains out. If 1t cost him his ranch Sale
said to Mccain:
You don't know what YOU are saying.
Don't you know you will destroy TWO
families and leave those three little emil
dren orphans" Mccain replied: Il
know there is Jail there for us
Mrs. Sale told substantially the same
story. ,
The state claims to have stlll more
damaging testimony, which viii be IN
troduced this morning against the older
Mccain.