The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1897-11-04
THE CASE Is REVIEWED.
Deputy Prosecuting Attorney Hart
opeas for the ssate--The Jary Adj
m1nishea-The Defense IL Repre-

HsE TIE argument 81 The McCarn case
vas made yesterday. That T. the aT'asaaFlg
argument was made sar rhs state sad she
{ oreuing argument Ter The defense. Fer the
former ire speaker was Deputy Prosecut-
& inx Attorney Jeha e Hart he hrst I'M
pressed Upon ne Jurors the solemn Ee-
kpnE~sngisty they bad ASSUMED Sc tie esSe-
1 he thea briefly ard E1eclnetly reviewed
the case. arguing that al the acts 81 TIE
defendant; John Mccann. showed pre-
meditation and malice asoreshSughL He
referred 20 the trouble where ths men
we're working IA TIRE rad and after that
70 the time whsn John Mccain had urged
his brother James 20 get down behind tie
ssumps Prom this point he traced TIE fes-
ttrnony On Cd % the point where II had
been shown that John Mccain, wlt1e
Cicero was holding his brother down. de-
Nherafely took hoIA q Cscern's cnilar.
placed the pistol % his head ard fred ths
fatal shot. Re rldicgled the idea that this
sisot ceHld have been fired accidentally.
taking the pistol f1 his own hard % Illus
trste &C the jury that sueh weapon could
5 not possibly be discharged without a prr-
pcssve effort on the part Of him who held
T. During his entire argument Mr. Hart
had the undivided attention 81 the Jurors
and also OF the large audience IN the court
room.
Wa rrede by Congressman James Hanail-
ton Lewis Col. Lewis referred 20 his long
Z relations existing with the defendant and
his father. Traced the relations OF Cicero
ard IFS family 10 the Mccain family. He
said:
+ ''Cscsro whispered his SANDERS fer =
year into every heart Of the neighhorhood
+ ard poisoned them against the mother and
her children. James had again been IN
~ ~~4Et vFTa r4f Al
I seeking 10 sever the friendship of the re-
naming and only true friend they had.
Hutchinson, Parhni. Cicero. the triple cell
OF vipers stung 70 death the confidence and
regard that each neighhor had for the
/ Mccain family. by the ceaseless whisper
ings Of vicious lies. To correct this AMI
draw out a peaceful explanation in order
20 disprove these damaging assertions was
TIRE oaly mission OF the boys when they
went 70 the road where Cicero and his
friends were"
Col. Lewis traced the steps leading up TO
the scene OF the shooting He said
Cicero IL held up as paragon OF inno-
ceuce ard virtue; the innocent man uH-
Z consciously assaiied by 'murderers' We
pause 70 consider his actions. overrunnIDg
( with increasing anger. boiling with wrath.
( foamirg with hatred engendered by being
I vnnquished in the fistfcufT ARRAY, he arose
I from the log, forging ma3ly 10 his house
( ls7 feet IN the distance. passed by the barn
into the kitchen. through the sitting room
{ into the bedroom. dragged out the dresser.
grazped his loaded rife. and with the be-
seedlings Of his wife IN hts ear crying
oHt Don't take that gun:' and the PRAYER
ful pleading OF parson Brown and Mrs.
Parks not 70 do anything he would be
sorry for yet, even with his children pat
tering behind him. crying for him TO re-
4 turn he pressed on IN sullen silence 20
81
their life During all this scene no sound
4 broke from his determined lips or escaped
his murderous heart save his indecent re-
Spouse 70 his tear-pleading wife, You. 80
back in the house ard shut your id
mouth: know what am about
''Crouching. he steals along from the
back door down along the hedge and
underhrush. where he could be hidden
from view and from ambush pick his vic
tim off as the hunter does his hidden prey.
These boys saw him. raised their hands.
waving and screaming Go back. Cicero;
so back But on he came relentless. de-
termlned and desperate. James fires his
revolver TO deter him. But no; on In the
I face OF fire and pleadings he forged into
( the cover and lair of the McCanns. lie
/ fred; James fired ia response. Cicero
I shot him IN the arm. disabling him. Then,
/ feeling that he had dispatched death 70
/ James, he turns his rife upon John.
3 =.
{ into Cicero and knocks the ride down y IN
! his revolver. and both close In life "a
life erapple II was death TO James Nc
Cam or Joseph Cicero. They struggle for
/ ward backward wheeling in circles the
( rife between them, Clcero trying TO DIS
( charge the chambers into the abdomen OIL
/ James. James blocking him. and with
fainting strength. falling down Cicero
falling upon him John sees this
ParaiyZed with fear. startled, stunned
and agoniEed. he did not know
which way 20 turn. 20 ACT or even
/ 10 speak by that instinct which the
/ heart prompts In the hour OF our peril, OF
/ the life danger Of our loved ones, John
/ rushed over 70 rescue his brother 10 grasp
| and drag Cicero from the bleeding pros
Z trate form Of James. John had gotten q
I the scene placed hts right hand upo7
/ UPON Cicern's collar. endeavored 20 pui
him or Of James. Ctcera. like ferocious
bulldog in . bloody encounter, stu held &
his weak victim. John saw that he must
use hts other hand JUST as he brought u
70 action he beheld tire revolver neal
! C.learo's left hand where Cicero vas seek
Ing II in order 70 FIRE e. where the rife had
failed To prevent this John seized &
/ across the barrel. Il was . self-acttHs
raatoi: ne brought hts right hand I'D % tns
collar OF Cicero to aid the poweriess lefl
hand unconscious OF tire pistol Just g
/ Ctcero the point of the revolver struck ths
( hack % the head. and fFcm the coneusslet
forced the quick and unexpected action 81
ths triggers ard there was the explosion
t,-exnerfed ard unattended. which gave
tha death wound 70 cicero"
Col. Lewis continued IN the remaining
details Of the case untu reaching has close
when he SAID: 7 have discussed impair
ffaIlv. and 7 trust dispassienateiy, tilis
sa,sae. I submit this cause - your KEEP
lrg--the life Of this hoy 20 your homer ans
,,et,r rsths~the 3ife ara the heart q tAls
br9ker-heartei mother. who kisses w.tt
.ea~a her first-boru 81 the hour q BIS
Saverest agony. I give inio your hafd.
thfs father, this family. the future and
al .hew have 10 hope for God Eziids you
,-ayrtferr1er 20 2 Judgment 81 this case
watch shall leave 10 sting % your COZ
silence. pain 20 y0Gr heart or regret =
,yoor he only peace and soy, WHICH 8
vesyr hands now pray for this boy-"
A. the close % Col. Lewis argument
there was a distinct sn0nstrsuo1 OF Gp-
clause which had 20 ~ repressed by tbs
haniTs. and after court had adjourned
many ~ the people. especially the ladies'
- whom 8 large number were present
crowded about him to congratulate h2Ia
On his brilliant cratory.
Argument wIil be concluded ard the case
wrsu go % the jury th2s evening.
Marriage Licenses.