The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1895-12-14
REVENGE NOT JUSTICE
.,lsoed to Have Been Melted
Ont 10 the McCanns.
.,u,1e.s SENSATIONAL SPEECH.
x. secr-et societies Influenced the
Jury-Sewman Indictment De-
fsctiye-Divorce-.

So ors Of the most eloquent
49, ever made in the criminal de-
-. af the King county superior
81. f.awe Hurnes yesterday refused q
esn1 .-ssl "a John and James Mccain.
fe.-,ss ~ the murder OF Joseph Cicero.
ca vyhIte who represented the defend
.1ok ar exception. and the case wfii
a.. .he ssgprerne court. Before discuss
y -. cne.tfons involved tn the motion
sew trial. Mr.. White asked the
-. Indulgence for few moments,
go which he made some preliminary
$50 80 .hat were more sensational than
Is..s4Tspes at the trial. He said that nc
- ,varttced over twenty years In the
s. %. ~ TITS state, and then went on as
80. 4, ALI that time I can safely say
-. hawe been fair and the court room
- f-or, the spirit OF revenge. The trial
1890 two defendants furnishes the ex-
-,ta, Not that We would reflect on the
an the conduct OF the trial. but there
- IN the court room. nay, ! believe in
=. s,,ry box influences that demanded n
ss.sfesioa OF the defeniants. not that
go. would b. thereby INDICATED but
- revenge might be- satisfied There
- a. the presence OF this Jury, day
- aav a prominent ex-official OF this
.sr.v flashing ia its face n badge OF
.ar-s, society. as It's grand master, as
80 as nv hand II is and vas well
- "a the defendants. although we
easla not make II appear to the court.
80 Immediately after this unfortunate
s--s,--xnee A branch OF this secret sotiety
~,.vslv debated the proposition of exc
Ing summary vengeance upon these de-
.s.Nsnts. The newspapers were worked
..a-r the time OF the homicide TO the trial
:. ,,.,udIce the community against the
sassnsants They were held NJ as lawless
.e.~s without one vedeemlng virtue. and
80 mas the spirit in which the prosecut-
- or;eers waged this prosecution.
r esslre 10 say here. save FOR this Of
.ase there IS not q man who. among
.sssa o. his acquaintance. stood higher
a. Industry. morality. sobriety and re-
,saes ssr iaw than John Mccain. have
s.ewn him since he WIS - years old,
- ae entered my Office as 4 law stu
S,rt ambitious but poor. Through my adj
-. \. went 70 the wilderness 10 hew out
/. hare for his old father AM mother. Out
- respect to Law ne has submitted to
xrres and outrages, nos against him.
vii Tor he was guilty OF no faults, but
AGAINST those that gave him birth. that
rvn move most any man 10 acts OF vio-
baes His brother James at one time in
ii. NE through the advice and counsel
s,.he very maa for whose murder he now
s,nas convicted. engaged in the saloon
Anssness for a short time. This Is the
s.y bio, on his character. by the solicit
;sssa and through the influence OF his
Arsshey he abandoned the business and re-
sgaei TO live on the farm. OF an impul-
tye nature, he might resent an insult
yin blow OF the hand, but never until
On eccason has he been charged with
~ ua OF deadly weapons or with carry
pF he a
ys zsney consideration or desire for re-
sass moves me I'm their defense. ! stand
hass shadow OF the gallows as their at
,gsg moved by no other consideration
aaA desire to see equal impartial JUS
re- done them under the law. For this
sal strive 10 the END.
Il believe that serious errors were conf
nitted during the progress OF the trial
One vital error runs all through the
charge 10 the jury. The court treats the
assault with fists by James Mccain on
joseph Cicero and the subsequent ARRAY
Nth the firearms as one transaction.
Nr White then advanced arguments
Upon the conspiracy question. which were
printed Immediately after the trial. Con-
uHang, he said. '"fhe contention or the
DEFENDANTS is that there was no concerted
ss.ion between them. They never contem-
faied the death Of Cicero" Mr.. White
men went over the evidence as 10 the KILL
Eg. and said
We We're entitled 10 have the jury pass
saoa ne question whether John Mccain
sas alone guilty. The court assumed that
ssacerIed action was proven. Again. II is
BET sufficient TO instruct a jury on alb
snaet propositions OF law, but the court
nssi apply the law 10 the theory contend
u for" Before he closed Mr.. White
iaaehed apon many OF the fifty asked in
Fruetions." and pointed out wherein the
eoert erred.
Prosecuting Attorney HASTE had a pad
IN OF notes and was about TO reply. when
'aiee Humes said:
The court Is satisfied with the instruc-
tans The application for new trial is
tsaiei"
Michael and Mrs. Mccain. who had lis
.eaed 10 The argument. were passing from
- court room when they met Mr.. HASTE.
~ HASTE bowed. Mccain looked dag
sysat him.