The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1895-11-09
ONE M'CANN MISSING.
Vain Search for the Father to
Hear the Verdict.
THE JURY HAS IT READY FOR HIM
Last Day or the Triple Murder Trial
Ends IN n Surprising Climax
Tho Argument.

appeared. t1Et ffen Michael Actann, W1O IS
osst On bail, could not be found.
At 80 O'Clock. Michael Mccain had
not been found. Bailln BrOckway az frst
sent TO 1916 YesieT avenue, where his
sons supposed he was stopping but could
70. aae blIn. His attorney. Walter Full
ION then went % 30 South Fifth street.
alta the same result.
AZ The hour named. the searchers again
returned without the man and abau-
aoned the search Judge Humes said
he would wait a short TIME longer and
Il the accused did not then appear
would forfeit his bonds.
Yesterdays proceedings were confined 20
arguments. and all day long the big court
room was crowded by an audience con-
tasning many women, listening eagerly 30
the words OF eloquenee that flowed as X
they would never stop. James Hamilton
Lewis spoke three hours and twenty mia
utss, ". X. Gay two hours. Deputy Prose-
Gator Morris two hours and frty-three mia
utes and Prosecuting Attorney HASTE one
hour.
At 9sZ7 o'clock John and James Mccain
accompanied by tLeir mother. entered the
court room, showing no signs OF nervous-
ness. "Old Man" Mccain entered as usual
aIons and quietly as II he We're one OF
the spectators. Hrs. Cicero was also On
hand.
Assistant Prosecuting Attorney Morris
Immediately took up his address where ne
stopped the evening before a. the cali OF
hunger. and by grace OF an adjournment.
granted By Judge Humes. lie was in good
voice. had his subject well IN hand and
was sometimes quite eloquent lie said
that II a person wanted to keep another
from discussing subject he had no better
method than side Issues theories. hypothet-
icai questions and a mass or nonsrelevant
material. II tell you. gentlemen" said
Mr.. Morris. as he picked % the revolver
nut ord N % Faffrtza
had Witnesses that were loaded and wanted
20 SO off. They desired 70 testify. and. TO
isatter how long oF cumbersome the ques-
ton asked. we're ready with answers TO dis
tract the attention Of the jury from the
case as il is"
Mr Morris then took un the prying or
of the top Of Cicero's skull with chlssi
and, he detailed it and showed that
nothing was done but what was Necessary,
the awful pictures arose In Mrs. Cicero'9
mind as a terrible reality to her. She
bowed her head on the table In front OF
her and cried silently though completely
screened from the view of the jury by
large map OF the scene OF the murder.
After speaking OF the defense's neglect
70 attempt 10 contradict the testimony OF
Coroner Asxam and Or. Neville. he de-
nOunced as cowardly the action Of the de-
Tense In asking the states Witnesses ques-
tons as to what they might have been or
might have done. In closing Mr.. Morris
paid considerable attention 20 Michael Nc
Cam and his talk, indicating premedita-
tion.
lie argued that II the jury found from the
evidence that he had aided and abetted in
the crime. the same fate should be metcd
20 him as was 80 justly deserved by his
sons. John and James.
After recess of Eve minutes ". u. Gay
opened the argument for. the defense az IL
o'clock. ~ was a novel opening. bringing
out the many variations possible In a MARIA
Tive by number OF persons. al OF whom
are trying 20 tell the truth. lie believed
Witnesses intended % tell the truth. and
that they had done 80 In this case. except
Gordon hut what he said was not II
enough importance for further cousidera-
ton.
Mr.. Gay then claimed that Mr.. Norris
had practically abandoned his contention
as 70 Michael MsCanns completely. and
went on 10 define the crime OF murder, lay
ing stress on the fact that - involved pre-
meditation. He claimed that Cicero's re-
marks about the McCann's Justified them
in believing him dangerous and in carrying
revolver. not 20 kill Cicero. He claimed
they went 20 see Cicero about his ISLANDERS
on their father. which was quite natural
II they had murder at heart, why did not
they hill Cicero at the FIRST meeting. The
McCanns simply followed him as people
always do after a brawl lie contendcd
that the fact that John Mccain held the
tHFAAhtE AAA A-G A4AA manu- Altei ~ WIGHT OK
showed there was no reconciliation. lie
argued thai Cicero became the aggressor
when he returned 10 the ARRAY. He de-
nouuce1 the prosecution for asking Rich
nrisol questions about moonshinina. and
James Mccain whether he carried brass
knuckles. and paid a tribute 10 Mrs, No
Cams motherly love lie told an anec-
doto about the unreasonable things a per-
son might do IN times % danger. which
caused some disturbance ~ the rear 81 the
court room. and Judge Humes threatened
II this trouble were repeated II have the
offenders arrested and punish them for con-
tempt
Mr. Lewis began his speech by citing su-
thorsties in support or his contention that
the McCanns had a right 10 arm them
selves as pfecaut'on and claimed that
without evs Ieace from the defense no worse
crime than nanslaughter could have been
proved and that proof or conspiracy had
entirely falsed against Michael Mccain.
Mr.. Lewis then reminded the jury that
this would be the last time he would APP
pear IN court IA criminal case. unless Il
should be on behalf Of some personal friend.
and paid 8 high tribute 20 Messrs. Haste
and Morris FOR their conduct - the prose
cu.ion. lie proceeded 90 paint a vivid word
picture 81 the position Of the Mccain fam
!y, surrounded by enemies. He assumed
the rcspousib lty fer James McCann's dra-
inauc manner OF giving his testimony. say
ing he had told that witness % Ell tho
story as he saw Il IN bis mind lie drew
"a attractive picture Of the two BOYS pre-
fsrTing life with the old folks on the farm
% The attractions Of the city. He spoke Of
Cicero as eliminating john Mccain when
be was a candidate for reelection a. road
supervisor and accused the state - sup
Pressing these ISLANDERS. lie said these
SANDERS caused IRE McCanns' friends -
resert them. he sad they Yeat u speak
- Provan on the road abou, these ISLANDERS.
not beC2 Sc Cicero was there He then
called attention 70 the fact that when O.
cars started Tor the house Tor his rifle.
silsF the first fEht. hls back was turned
AID he 8.i uo. know the McCauns were foi-
towing him IL was bis intention - XII the
@oCanas and ne seized his rife and started.
lAytne I'd attention 60 his wife's pleadiugs.
Ar. Lewis then seized CVccro's ride and
fapidlT and sSilfClly re-ena~te,f the tvaE-
ecy as Re claimed II happened.
1f. Lewis argued AZ great length 20 show
thst when John grabbed Ctcero's coat col
~ with rs rsh; hand % pull him OF
tFoa James. ne mad no motive 81 murder
= mind otherwise ne would have simply
Seked 40 the revolver with hts right hand
Instead q lett hand and fired. As IL WAS. DE
Stanee3 Cicero With his righs hand ana
p-cSed ep che revolver With his left hand
rs strength was cct sufficient % raise
,acfro with as rsht hand. ans be brought
IS 4ctt haa& luto use. Lewis then showed
we taiAl revolver 20 tae jury. and showed
.aa' IRE lccN ola act work properly. From
IS re 1la e.et that McCanu's hand raised
80 A+mnce r8Ft ~ay. iuadveTtently, az
80 ncHtru, he gcshhtd az the cc2t coliar
20 rs lsft hsa3 ara the shcs was ured.