The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1896-05-08


4 uc11s Prus Asked for James an
{, 11analauGhtsr TOR John.
~ ts1sf Of John and James McCaun.
onvie1ed Of murder In the first degree IN
$3.50 tilIed Jossph Cicero rear Avoadzls,
Ar11Se q. isSS. was tllsd with the county
IN yesterday for transm.ssicn 10 che su-
- osurt. II discusses exhaustiveiy the
WG1ono points invelved IN the appeal
y wuetght pxses are taken W BY the
00onnat which includes q portion Of the
EGG11monu at the trias: nine pages are re-
49, y order to snamerate alleged e.
M torty-four In number. and eIghty-two
- contain the points and authoritieA
~ NJ complete ID . book u - pagea
- y dgned BY James Hamilton LewtA
" = DAY. W. II. White and Walter q
4 q 4 tbs errors claimed BY the attor-
mvok that the court unduly crowded then
4 ~ tfial There are nearly 100 pages oe
oDogTi.:ea testimony In the case. The
~ Was commenced November and was
s1eln6sd November 4 Day ana night SEES
~ wsrs haId. One doy was consumed in
Unnelng the jury and three days In the
~ = the cause. there being recess Of
= ~ and = half at noon Counsel for
~ Woellsnts complained Of the manner
> watch they were being worried. sud
'd11ned thsy could not DO Justice 10 their
0lmtA Thsy desirsd 70 urge this objection
y ~ court. The brief quotes from the
Aneemen1 Of facts a. follows:
~ eourt-You. gentlemen. may retire
IN ~ o'clock this evening.
Coonsel for defendants-Ws object % .
~ session Of this SQUIRT.
Ten may retire until tn c'clock.s
We cannot work night and day this
~ and DO Justice tc the defendanta'
1he court win take rscsss until tao
Let ear objections be entered IN the
Nenrd In this matter. on the ground that
, rot judicial hours: and we desire to
olsst 10 u. and the court leaves tho bench
NIsneue swing us the right OF exception
~ BRIEF continues: was this proper
oootment BY the cour.f what chance was
~ eonnssl to show that night sessions
1euid net b. held7 There was no oppor-
MY to urge sickness or other good rea-
- me court abruptly leaves the bench
N!neut even ruling on the objection. We
III that the conduct Of the court In this
edculay WAS improper. - In read
II ever the statement OF facts. the court
~ observe that impatience crops out In
- q voice In which the rulings were
naaa This can only be- inferred from the
saee used. and the manner OF rs use"
= ascussng whether tho evidence was
y1~eseaf TO sustain the verdict. tho brief
- me case Of the state vs.. Rutten. In
Saseh the supreme court points out the
.unceica between murder at common
ana under the statute. There must not
~ % elaboration. II Is urged. but there
-. .1 % Time 10 deliberate. and no dciiher-
- can be instantaneous.
E1sm'nirg the evidence In the oase. the
su~Heys point cut that John MCCAIN
"a Dol armed. "He sees the deceased ad-
naHng upon his brother. armed with n
wnrhesser rife" continues the brief.
~ cries 20 him 20 60 back The decreased
~ edvanees. firing as he comes. TIN ne
ssssees within few PAGES OF his brother.
last sho, rtrlkes hts brother. John
). u-sees his brother throw up hts arms.
ngas arm. at least. Hts brother PUSHES
80 grap3ies with the deceased. John
- - snefe. paraiyxcd with sstonishment.
'seesd to the earth.
.nen The impulse comes 10 rusn forward
~ pul TIE deceased From his brother. lie
me revolver ana rlne AZ their sftc.
- ~ooes. picks M the revolver with hts
6S-- hr ~ FKft-rhuteN NAM.
usss the deceased from MS hrN,her, the
svef y discharged. and the sassi sho,
n- -wc Of the states witnesses say
~ u Against thu deceaxed's head and
.Nh corstruing the testimony most
~ " aksins, John McCana. where Was
Eseciabie time tn the excitement AMI
the moment 80 deliberate. TO
N ne mind. 20 consider TIRE reasons
= 80 against. and 60 consider ma turefy.
upon Consider the Testimony
~ Hronyly against John Mccain. and
tu.i force TO what the states W.T.
- hutchinson ard psrhn say. and
Sme Under the statute would be re-
- \. q murder IN the second degree How
Nh vsresc, he sustained sgsfns, James
A. Every act that he ala IN the las,
uraS was In the necessary self-ee-
-. y himself and brother. The deceased
narsni, % vengeance. nc, defend
James certainly did not know
orosher firing the fs.al sact, or 81
- atser, n he had such intent. 20 tn
10y injury u>on the deceased"
- vhasss ask that the cause be reversed
shandei Ter new trial. with snstruc-
,s,,s 70 she prosecuting attorney 20 enter
- PROS a. 20 James Mccann ana 20
sshn Nccann on trial fer no greater
man r,anslaughtsr.