The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1897-10-26
FOR KILLING CICERO.
rcAyys on TRIAL THE SECOND
TINE FOR MURDER
re Regular Panel Of Thirty Jaror.
Exhausted and an Open yenfre for
Twenty Tsiesmen Tssued-Hss-
tory of an Interesting Ca.e.

rhe regular panel OF thirty Jurors was
exhausted - Judge Jacobs court yesssr-
Sev in ar Effort 20 obtain a larry fo~ re
seeond trial II John Mccain, charged rifh
re murder CT August q. Isss. OF Joxeph
c3cerp near Avondale
Al { oicIoek yesterday court was aA-
burned ard an open venire for twenty
tzIsxnsn vas Issued. The following yur-
ars have been passed for caure. Tra~k
IowG J. ~. Twtss. J. L. Ryan. r. Jaeo-
tus. r. Y. Resell. c. II. Dillon and wE1l-
ian Markle. These were In the Jury box.
~. have not been examined. e c. Han
son. J. ". Lyon. j. G. Parsons and An
drew Hjertoos.
Joseph Cicero was killed IA q cuzrref
with John ard James Mccain. near Avon
aais. eight miles south Of woodlnvtile
King county, On Wednesday. August =.
TIE Killing vas the outcome OF q neigh
aoyhood quarrel. superindueed by an egec-
saan for read supervisor between the No
cann ard the Cicero families had existed
bitter feud for several years prior fc the
fatality. The Accz3ns were Popsslssts ara
cscsro was 3 Republican. joan Mccain
expected 20 Be candidate for road super
VISOR. ard his father. Michael Mccsnn. be-
Hsvsd that Cicero was trying 10 defeat
ksE-
According 10 the testimony given At the
by John McCann while his brother Jar-es
ara the murdered man were engaged In a
fxhs % the death. The Mc-annx had
gwen Cicero a beating q haif-hour before
TIE shooting ARRAY. Cicero repairing 10
his house, armed himself with a rife and
started back 10 the scene OF the quarrel
TIE NcCsnns opened FIRE on him from am
bash. James fired first and received a
sanshet wound IN mis- left elbow from cfe-
sre's rife. Then he rushed out and grab
bed 81 CIcero's gun. The two men
cilnehed. and while they were fighting IN
the road John Mccain rushed Up. ard.
plscsag his revolver az cfcero's head. sent
baii crashing Through f.
fn the trial John ard James Mccain
we're convicted Of murder IN the first de-
gree ard sentenced TO death Their fatb-
e. Michael Mccain was acquitted OF con-
pselsy. The case was taken on appeal TO
fhs supreme court and affirmed but sub
seaufntly. on rshsaring. new trial was
granted.
Ex-Mayor Ronald and Congressman
James Hamilton Lewis. together with Col.
" II. White and Walter Fulton. appeared
for Mccain. while Prosecuting Attorney
MeEiroy. assisted By his deputy, John II.
Hart. conducted the examination OF jur-
ers for the state II was agreed that the
cases against John and James Mccain
should be separated. and John Mccain
was pAt on his trial alone.
A. the opening OF the proceedings yes
tsrday Mr. Lewis moved 20 dismiss the reg
uiAr panel OF Jurors on the ground OF ir-
regularity. The motion wss denied and ex-
eeptieEs were lied BY the defense.
Then began the examination OF the tur-
cTs. This was conducted with great care
b. counsel for both sides and ~ the court.
Y being evident that every precaution
would be taken 10 prevent a n.ls-trial by
falling 20 observe the rules Of the law.
Five Jurors we're excused because they had
conscientious scripiss against netting out
The death penalty for murder. Ameng
those VINO took this view Of the matter
we're James r. Kenworthy and Deputy
Coroner G. r. Yanden In all nineteen
taryrlen were excused for cause by the
court.
Nearly all Of the Jurors admitted having
heard and read Of the case. and the ma
3orfy OF those who were excused said that
they had opinions "a 20 the guilt Of the
accused that would require evidence 10
rmove.
When the regular panel was exhausted.
1aage Jacobs ordered the clerk 10 issue
AZ open yenire directed 20 the sheriff for
twenty additional jurors. The seven men
who had been passed for cause. together
With four who had not been examined.
we're turned ever 30 the custody OF the
haililIs The court instructed them to re-
fgain from discussing the case and put
thfm on their honor as men not 20 receive
letters from any one concerning the merits
q Tire case. or % allow any person 70 In
iescede with them enc way or the other.