The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1897-10-31

Progress of the Mccain Murdsr
Trfal-Hrs- Cicero and James
Hnfnun

As predicted yesterday morning. The
state closed lts evidence IN the N-Cauu
case yesterday. The only noteworthy in
eidents Ct the day were the presence Of
Mrs. Cicero and OF James McCann. who
were on the witness stand one for the
state. the other for the defense
Mrs Cicero. widow OF the man who was
killed, gave a pathetic account OF the kill
4. Ing, ner tears ard sohs while on the stand
moving the audience 20 sympathy Sha
testified that when Cicero left the house
with his rife. she and her two ch Idrea
followed him AZ a short distance ard saw
the shooting. McCznn fred three shots be-
fore Cicero fred az al Sns reached the
spot where he- husband was killed Just
as John Mccain threw Tire body aside
and she fell upon the body as II lay on the
ground. With her testimony the state
rested its ease
The most interesting witness OF the day
was James Mccain. who. at Col Lewis
request. told the jury in his own way
the full story OF his doings. on August q,
1886. the day Cicero was killed. His own
way" proved a very effective way his ae-
ton frequently becoming highly dramatic
though bis voice was ve-y weak its lack
OF volume being shrswdly ascrfsed by his
counsel 60 his long imprisonment. Az ne
began his testimony his mother was led
from the room weeping.
Beelnning with the early morning. he
stated that ne ard his brother John were
az work across the creek. hauling LOGS as
usual. The grass was knee high and wet
with recent rain. Provan had come -
them there and asked them whether either
Of them had told Cicero that they would
do all In their power 70 prevent his cleo
ton as road supervisor. After Provan left
witness had suggested 10 his brother that
Cicero had been telling more stories and
that they had better go up 10 where Cicero
was working on the road and see him
about II. John objected. Witness after
ward went home 10 get some tobacco.
and there changed his clothing.
which had become saturated IN
the tall vet grass. Then he decided he
would 30 up 10 where Cicero was. despite
his brothers. objection. Went 10 Mrs.
Cameron's and borrowed revolver. First
stopped at home for dinner John overlook
him he was starting up the road and
demonstrated with him about going. They
walked on together as they talked Then
for the first time he told John about hav-
ing a pistol. They reached the place
where the men were al work on the road.
Witness said Hello 20 all. then went up
20 Cicero. who stood leaning on a shovel.
and said: MIR. Cicero. you have been tell
ing some more vile stories about my faith
err" Cicero at once let the shovel fall,
spat on his hands and made belligerent
gesture, whereupon witness struck him.
Cicero stopped as If 10 grab the shovel.
when witness struck him again. They
were then separated by bystanders. After
ward Cicero started 10 get an ak. but John
put his foot on Ii. Cicero went away. say
ing Wait, I'll be back" Jim and John
walked on I'D the road and saw no more
of Cicero till they heard Hutchinson cry
out: Look out, he's coming with a gun"
Then saw him coming around the barn
with a Winchester rifle in his hand. Both
called TO him repeatedly 20 so back. As
soon as Cicero located the sound OF their
voices he raised mis- rife. Witness ducked
behind a large log and his brother behind
a stump. Witness laid his revolver across
the log and fired Into the air." Cicero
fired almost at the same instant. the bull
let striking close 10 witness head and seal
ing piece Of bark, which knocked off his
hat. Witness then fred three shots and
Cicero fred the second time. Cicero skulked
along the fence TIL he came TO an open
ing. from which he could see both the
brothers. when he brought the rife to mis-
shoulder. and with an oath said: Now
I've got you both" Cicero then fired. the
bullet striking witness in the arm. The
wound was here shown TO the jury.
Cicero then turned the rifle on John. think
ing witness presumed. that witness was
done for. Witness decided that his only
chance for safety was TO close in with
Cicero, and he made quick rush. AS he
came close Cicero turned the gun. Wit
ness struck Il down as it was fred. The
rife was brought before the jury. and
while Col. Lewis held Il, taking the part
of Cicero, witness showed just how he had
grappled with Cicero. At the end OF the
struggle witness had fallen in the road.
with cicero on top Of him. Then he heard
A shot and Cicero rolled from him.
He viii continue his story tomorrow
morning.