The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1895-11-06

"A"tn@F witness was not In a Seattle res
talirant the evening previous In company
Win BctsIord. another witness and
whether when the proprietor asked what
they were doing in town Botsford an
s&ered; We are down here to fix ur old
Mccain" and that witness Hutchinson
added. Yes, and we are prepared 10 do
him up this tins" Witness answered
that he did not say anything OF the kind.
re vas then asked n hts cattle had not
suayed onto AcCann's farm. and this ne
admitted and said he mad spoken 70 the
prisoner John about II. but denied that
ne had any iiI-fseling toward the AIc-
Cams. He was asked n he had not been
arrested in Tennessee, whence ne removed
TO Washington six years ago, for run
ming a distiIlery, and whether ne had rot
taken counsel with Mr.. Morris. the assist
ant prosecuting attorney. as TO the posi-
biifty OF hts being examined on his past
lie In that moonshining state. lie ad-
mitted having talked 10 AIr. Morris. bat
not about Illicit distIllng as he had never
been engaged-in that business. The minor
points OF his testimony as 10 the murder
were then gone over, but ne held fairly
well 10 his earlier statements.
An Eye-witness's story.
John Parham was an important wit
ness from Avondaie who was next called.
He said: Il was down at Cicero's that
morning 10 borrow horse. and when
down to where they were working on
the road. John and Jim Mccain came up,
john at trot Jim went up 10 the de-
ceased and said. We'll. Cicero. you abus-
ed my old father. did your Cicero said.
oh. 90 on or something OF that sort.
Jim took him by the hair. and with some
thing he took from his coat pocket struck
Cicero On the side Of the head and knock
ed him over. Jim struck him two or three
times in the face
Then John squared up 10 Cicero, and
witness said 10 him. John, two 10 one Is
too much" John said TO him. Give him
some Of that you've got ia your pocket.
Jim" Witness could see Jim raise his
hand I'm his pocket. bat he didn't take his
hand out that time.
He sow Cicero go TO the house and saw
him all the time after his return with the
rife. John Mccain called out to Cicero
10 go back. Cicero kept coming on and
Jim fired three times at him. Cicero fired
and Jim jumped for him. Cicero saw him
coming and threw down the gun. They
elinched and fell. Cicero on top. John
Mccain turned and saw them ia this posi-
ton. He came back. took the revolver
out OF his brothers hand and, lifting
Cicero by the collar, shot him In the back
OF the neck. He then gave the revolver
TO Jim, picked up the rife and went
away, with his arm round his brother.
When asked by SIr. Lewis what his
business was witness answered, "a little
Of everything" lie admitted that when
Cicero came from the barn with the rifle
John said 10 James. You had better get
out and shoot him before he can get TO
you" The defense also brought out that
Cicero kept walking on while Jim shot
at him three times. and yet didn't tire his
rife.
Bringing in the Old Man.
John Henry Gordon was the first witness
70 seriously inpi.cate Mccain senior, and
even his testimony was weakened by cross
examination. He testified that on the day
OF the killing. between 10 and Ii O'Clock. he
was with Cicero. and overheard a CONVEX
sation between him and old McCann. The
latter said II understand that you are
going 10 do all you can against John on
election day" Cicero replied: ~ expect
to-" McCann said: "You are nothing but
a d gambler. and we'll put you where
you won't bother us at election" Witness
admitted that tlis WAS change from lis
first testimony, when he had testified that
the expression was; I'VE viii put you
where the election won't bother you" BY
a series OF questions. Mr.. Lewis endeavoT-
ed % prove that this had reference 20 the
fact that Mccain claimed that Cicero was
not citizen. and tina, Mccain intended
70 take steps 20 prevent his voting
Edward Eokrord. another neighbcr, also
testified - this wordy quarrel between OLD
man Mccain and Cicero. Mr.. Lewis again
RHfGEtEI 10 SNNt tNAGFEEFt on the ground
that q was inadmlssible as against John
and William Mccain. they not being pre-
sent when II took place, and as against
Michael Mccain. because there was no
claim Of any overt act on hIs part. BEFORE
II could be introduced on the theory OF con-
spiracy a prlms facia case OF conspiracy
must oe established. The objection was
overruled. and witness testified that NJ
Cam said 20 Cicero that 7le tCgcero) was
not citizen, aud should not vote. ''and
We viii take good care YOU DON'T" added
Mccain. I'VE will have you IN Jail" c.
Zero sad: "Well YOU know how Il feels
IN jail." Mccain, a. he went away. said;
wen do you Up; Wen do you up"
A Husband and wife Together.
Mrs. Frank sale, whose house IS about
a mile from McC7nn's. ard also her hus-
hand. testified 90 McCann's version Of the
quarrelins between himself and the de-
ceased as he told q IN their house soon
after Il occurred. Their account Tailed
"a most respects The wife quoted Mccain
John give Cicero a Eood pounding Later
on IN his story Mccain. according 70 her
testimony said: Il have good mind 20
get JSrn 20 knock his brains OUT"
She talked volubiy on the witness stand.
but her husband, who Ga an Italian. haa
some difficulty. In her cross animation
she Rwain testified % both the express 9~s
~ M~Cann quoted. In Bis testimony Ae
only gave the latter and in crosS-examlna-
ton had - admit that 80 his testimony
al tho inQues. be quoted Mccain as saving:
II have a great mind % lex Jimmy give
q good pounding 20 Cicero" Mccain had
also SAID that 81 Cicero went % the polls
~ would uot vote. and when asked why.
MeCaun replied that Clcero vas not citi-
sen.
sale admitted % Mr.. Lewis that 0e hai
gas his Wkfe 20 write cut v-tas they wage
- TESTIFY, 50 that they would not forget it
Some questions no ~leaded thar re dif not
understand. bat when Mr LOWS asked.
Have YOU a mortgage on Joan NSCaun' =
place." ne quickly answered; "It IS ne.
shat MrCaau AZ an" He had such a moF--
gage a0d an agreement had been made.
hut no: delivered. to extend ,he tiwe. Hs
had taken these papers hack. bat hai not
testified 60 what was -ot 50 in order 90
have the M-Canus arrested. ana So gain
possession OF johns ranch withou, Atlsa-
Ton Tie d,8 no, want Tire ranch. Be sad.
re wanted rhe money.
The Tract Pc,lilcr'S story.
William Brown who would insist that
ha VAS A missionary 'ccl forteur" ~ the
American Tract Society. ard declined al
other destenatto Was an amusing We
ness. wi.nout trying 90 ac. b.e was push
ing hss little wagon NTH beware 81 HeiF'
n ntesf ou ore side. sa9 Hope Tor Heav-
en- on the ot'le-. ia the ne.ghroraood ~
Axssrsfase GA IRE DAY ~ the Tragedy. I}-
vas in Ctcero's house az the ruae diseased
went Eor a3s yiae. Witness saw h.-n ,2he
,ir, thy gun sn5 s-art back. Cicero 4ld nnt
say a word. Mrs Cicero said, Joe. don
81 cut bar re went ca. She followed 1lm
e - D. .rn