The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1896-12-23
M'CANys MUST HANG.
The Supreme Court Anfrms the De
cisfon OF Judge Hames-Two
More HauEfngs.

A tzEpztch received from Olympia yes
Earazy by the Eoxs- Trz1es lgeneer states
Eh&G ne supreme cos9rE bad affirmed tns
DECISION Of the loser courg j. the cases 81
John and James McCann. who were found
Guilty cf murder IA tha FIRST degree for
having kfEiesi Joseph Cicero hear Avo1-
dale or August =. Is6 Tie court anas
no error ia the proceedings of Tire su2e-
TfoF court In the OpiasOn. written ey
Judge Scott. and concarred in By a. the
Justices sne belief Is expressed that there
w&E s1e1cie7. evidence against Michael
McCann. t.. father, % warrant tire trial
Judge IN submitting his case % ne tzry.
TIE creams Te=S wasSa led up 70 the
Tatai tragedy veFs briefly as follows:
M4ehael 2zcCaan and bis TWO sons. John
ard James, su9 Josspa Cicero lived OF
farms near Avon6aAe. There was much
f.t-fesllng between rhe two faEniIes-
Michael Mccain was o an sxcStable Dis
position and was EfTen 70 qHzFreang. One
day ae Fnet Cicero ard they had fight
over Clcero's election - a road super
visors14p. The sons. on learning OF sns
GGbt. entered the quarrel. egged On 70 a
large extent ~ tie father, VINO SCENE 70
have INSIDE the most Of the trouble hy hss
fntsuperste talk Finally JOAN and James
Mccain isst gsesr home for the eY'oSed
purpose Of finding and whipping Cicero.
James taxing with hsrn revolver I'm as
oyercoaf poekes. They found Cicero on
the road GEAR ais house ard fight en-
sged Cicero was knocked down and
beaten 8gy the fyrJEkSrs Unfgl ne vas al
most unconscious. When Cicero gOt on
a.s feet he went 20 his home. and getting
a Winchester repeating rife returned 60
renew the conflict. james Mccain, when
he saw Cicero advancing wian the rifle II
his han[.s. shouted 70 him 70 keep back,
Uut me warning was not needed T2ea
there was an exchange OF sktHs. Than
James Mccain and CScero cilncned. While
the two were struggling on the ground.
each having dropped his weapon. john
rushed up. and. picking up the pistol, shot
Cicero through Sas head. death resulting
instantly.
All three OF the Aecanns we're arrested
for The death or Cicero. ana tried IN the
superior court before Judge Humes. Tho
trial was begun on November and lasted
until November S. John and James Nc
Cam were found guilty OF murder In the
first degree. but the father Was acquitted.
He was made Defendant as Il ives claim
sd tsaat the death OF Cicero was the result
OF a conspiracy IN which al three Of the
NcCanas wers concerned.
On May the attorneys for the Accanns
completed ar appeal 70 the suprems court.
The principal contEnflol OF the appeal
vas that there were two ARRAYS. The
FIRST vas 1he ona IN H-atoh the MCCAIN
brothers assaulted and beat Cicero. and
the second was when Cicero retDrned with
his rife and renewed TIE Hgh. with the
brothers. which ended IN MS losing his
lie. II was hsid that the court erred IN
not treating these rs two separate ARRAYS.
and that Il was error 10 hold that Il was
but one ARRAY. il wac also held thas the
court acted Improperly IA admitting as
testimony tas statements made by Michael
Mccain. the father. - the effect that he
had said that hts son James would beat
Cscaro's brains cut, and other threats
made BY the old man Of a similar caaTac~
ter Some OF these we're made a year be-
( fore t1ls tragedy.
II vas held that the court erred In this
that it failed 20 charge the jury that IN
/ asmnoh as the defendants had Withdrawn
! from the first ARRAY. they had the same
risht 70 defend themselves against what
promised 10 be 8 fatal assault as though
Z the FIRST ARRAY had not taken place.
Another error claimed by the attorneys
was that the court unduly crowded tha
trial 10 a conclusion and hurried them SO
that they were unable 60 make q proper
defense. Day and night sessions were
I held one day was consumed 30 imPanel-
I irg tho Jury and three days in the trial
Of the cause. there being q recess OF half
an hour a. noon.