The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1895-11-07

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Who was the first TO reach your hus-
band7s huskily asked Mr.. Morris
4 was" witness replied IN a softer tone
fel On ny husband ! get Up, bur fell
down again Then she told OF others
coming. and Of their carrying her hus-
band 70 the house. Both Mrs. Mccain
and her friend. Mrs. cammaron. were
weeping, the elder one more convulssvely
ard John Mccain threw his arm over his
mothers shoulder and patted her with his
plg, red hand There was & pause for ten
minutes. during when the jury was per-
m.tteo 70 retire
Then followed the crosse Examination by
Mr.. Lewis. which vas lengthy, but was
gently conducted. and was confined 20 a
test OF Mrs. CIceros memory IN locating
On the map the points from which she was
an eyewitness 81 the tragedy. and the
positions OF the principal characters. Her
Testimony was not shaken. and she stood
the cF0ss-exAnlnati0n without 3 single
breakdown. showing rather a pettishness
at the reiteration % certain questions.
This concluded the case for the prosecu-
ton. and Mr.. Lewis moved for the dismiss
al or the elder Mccain In order that he
might appear as a witness instead OF as i
defendant He argued that there was no
evidence against him. that all that had
been proven was a country quarrel among
county pumpkins without any testimony
OF conspiracy TO murder or rnurderous IL
tent. The court ruled that the case Of the
three defendants should go 20 the jury
together. and IL being noon, recess Of
ninety minutes was taken.
The Case for the Defense.
In the afternoon session Mr.. Lewis &C
cupiea over an hour in his opening for
the defense, in the course OF which he
said they would prove that Cicero pro
Eoked the quarrel. that after being knock
ed over he fetched his rife and fired at
James Mccain. Then there was a strug-
gle for life, and Mr.. Lewis described II TO
the jury with great dramatic force. Dur
ing the struggle James Mccain, he said,
dropped his revolver and Cicero stiH had
his rifle James fell and Cicero fell on
tor of him. John. running 10 the assist
ance of his brother. picked up the Teyoly-
er. then took Cicero by the collar 70 pull
him of. and in doing so his hands came
together ana the revolver was discharged.
how, it was almost impossible To clearly
define
Afr. Gay conducted the examination.
and called upon his colleauge In the de-
Tense. ". III. White, TO prove that the
fatal ARRAY was on a county road. but
the witness was found to be incompetent
10 testify on that point Constable White
OF Avondale told OF arresting the three
McCanns at o'clock on the afternoon OF
the shooting, and that he found Jim Nc
Cam IN bed. Deputy Sheriff McCorey tes-
titled to receiving Cicero's rifle from the
constable and that IL contained one eX-
ploded shell and FIVE loaded.
Coroner Askam testified that be had
occasion 30 go TO McCann's house the
morning after the shooting, and found
Jim Mccain suffering from a deep flesh
wound I'm the left arm near the elbow.
The wound extended clear across the arm
and he Judged II had been produced by a
bullet fired from the front.
Michael M'Cann a. "A Witness
Then Michael Mccain. one of the de-
fendants. was called. He rs % years OF
age and about ten years ago had shoe
store In this city. lie contradicted most
of the statements Of Walter Moore and
Mr. and Mrs. Sale as 10 what they tesu-
fed he told them OF his quarrel with Clc-
ero The first named he swoTe he had
not talked TO on the subject; as TO saie
and his wife he admitted saying 20 them
fn regard To Cicero: Il have good mind
10 get my son 10 give him a good thump-
ing" He denied having said: Il have
good mind to get Jim TO knock his bralns
out"
He told of his talk with Cicero the
morning OF the fight. and how after ne
got home his son Jim asked 81 he had had
any words with Cicero lie said he had
had a few but they didn't amount 10
anything His sons were gong OUT ~
tho time; he thought they were gong 70
work.
C.rosv-examined by Mr.. HASTE, he said
that after talking with Cicero he got
warm but not in a lighting mood lie
aid not know how Jim came 70 say 70
cicero. you have been abusing our old
man. have you?" He did not
know Jim had revolver. lie
mentioned Jim 20 do the thump-
ING Of cicero because Jim had been
slandered most, although II was Jonn VINO
was candidate for road supervisor. lie
dId not know jim had brass or IRON
knucles TO DO The humping with. lie
knew nothing at all Of the night unui ne
heard the scream of Mrs. Cicero aud Mrs
Parks. -.
Mrs. Mccain told Of hearing these
screams, and on going up the road seelns
her two sons coming, and Jim vas
bleeding She cried as she said thls- Sue
mad heard nothing OF any trouble with
Cicero. 49,. -.
Albert IAngenfelter. school teacher NJ
svnndale. testified that in his COTTAGE
half a mile away, he heard seven snotS
from the direction OF Cicero's house Ills
,,-ifa vas also called. but on cross-tN-
sr,ipat,on she was not confident as TO the
lumber Of shots she heard.
Tbe hearing viii be continued this
morning.