The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1897-11-06
l|NN A'CANN NOT GUILTY.
mrr IN THE CRIMINAL COURT
rtsDs VERDICT or AcQrrrTAL-
ne Defendant IL Set sarprfses-
<4ys fife Has Had a Fermentation
Even in Iiis Darkest Honrs-HiS-
s~ry of the Case and Factors I'm II.

IAN Mecaan stands Bow acquitted %
- ehargs u murder. The jury IA tls
srsnuEna. Department 81 the superior conr.
v.ssrsr Yesterday a little before nooFs.
prcsecstfng Attorney McEiroy having
rtees8 sha casse for the state. and Judge
fars,s hasane submitted hts Instructions.
u{kia aFe minutes the court recalled
he jugy tor supplemental Instructions.
and at 30 o'cloek the jury brought In a
verdict Of ret guilty.
Mrs Mccain. the aged mother OF tho
defeudanf. tainted with Joy AZ the news
~ TIE verdict John himself was radiant.
.hongh apparently not surprised II have
eoase now had q preBE0nsfi0n all the way
t6rsugh even IN the darkest hour" ne
sats to 4 -Tnfellsgenc@r reporter last
rsghl. that we would he acquitted OF
coarse the verdict - grezs Qualification
Is nae. simply Feel that justice has eems
At last. What am ! going to do nov
wea. I doubt whether We shall 60 back
70 the old plaee. ! think / shall try 10
fad employment IN Seattle. 20 as 10 give
rs mother a hons. She Is getting Old,
aad needs more OF the comforts Of life
fhan We were able 20 provide for her cut
ca the ranch ] understand" added Mr.
gscann. from good authority that the
pr stood unanimous for acquittal GA tho
fsst ballot
TIE Mccain CAGE VS. FIRST tried In the
al OF Iss5 IN the King county superior
ca1rt before Judge ffunes who then pre-
xded In the criminal department.. A. the
oatstt not only John and James Mccain,
bat their father. Michael Mccain. we're
Informed against. This charge as against
Michael Mccain was based on the theory
trai the father and sons had engaged in
sconspiracy against Clcer0's ilfe. On the
oflginai fFisi ali three % the IcCann's
ssre tried together. and this arrangement
asmltted ali Inc evidence In support OF a
conspiracy.
AT the first trial Michael Mccain was
acquitted and john and James. his two
spaa, we're convicted OF murder in the
nst degree. A peculiar feature about this
Hal was that the jury brought in a YER
Get 81 guilty az charged" when In fact
AL three degrees Of murder were includ-
FL In the Information. Prosecuting Aitor-
hey Haste at the time this verdict was
= ndered was inclined 10 question ifs reg
siarisy and sufIlcieney, but IL was allowed
- stand. This fact was strongly en-
Fhsslzed during the present trial by the
counsel for the defense. VINO Insisted that
ihs verdict rendered on the former trial
WAS practical aequittal 81 the defend
ants on ali the degrees of murder except
the lowest Judge Jacobs was manifes;iy
plea. bat nevertheless ovsrruled the con-
feniion and directed that the trial pro-
.ceed
When John and James Mccain were
convicted Of murder in the FIRST degree
ther counsel took an appeal 10 the stats
supreme court. When the case came be-
fore that tribunal the decision Of the
lower court was affirmed. Up to this
point the entire record of the case had
ersr - .4afnstsfs
and the able counsel employed BY the
MeCanns were ready TO give up In de-
spair. There was one exception. Walter
8. Fulton. the youngest and least expert
eneea OF all the lawyers who were labor
Ing In behalf OF the Mccanns. still tolIed
incessantly. though almost against hope.
saiaDe and gnaided he prepared the petit
ton to the supreme court for a rehesr-
Ing. lie II was who made the argument
In support OF this motion. His preseuia-
ton OF the case TO the supreme court
proved 20 he It's turning point. and the
counsel associated with him now give him
fun credit. though at that time they were
rot particularly sympathetic with his ef-
ferts. Mr.. Fulton did not cut a public
figure In connection with the trial. He
took no part In the argument. but in the
privacy OF bis Office he did the work
which all now confess turned the tide
OF judicial procedure In his clients IA
var. In this connection Col. james Ham
ilfon Lewis said last night.
Il wish 90 say that all credit for the
saving Of the lives Of these boys must
unfeseryedly be given 10 Walter s Full
ton, whose management OF the details of
the whole defense has characterized him
as one OF the foremost legal brains OF the
har. In this view I am sure I voice tho
sentiments II Hon. J. r. Ronald and
Judge White, my associates"
As stated above. when the case first
came before the supreme court. the con-
vietion Of the two Mccain boys was sus-
tained When the petition Tor a rehear-
ins Of the ease was argued before the SUI
preme court. the personnel Of that tri-
hunai has undergone n slight change,
judge John +. Hoyt having been succeed
Ell by Judge John Il. Reavis II IL thought
by some that Judge Reavls was a potent
factor IN sending the case back for new
TRIAL
Az any rate hack II came. ana the Nc
Cam boys once mere stood before the SUI
psrlor court charged WITH the crime OF
murder. The new trial differed from the
cid I'm that the defendants elected 90 he
tried separately. whereas IN the former
case they SaTe tried together. One OF the
most interesting phases OF the verdict
rendered yesterday Is is bearing upon the
case against the other brother. James Nc
Cam, Counsel Ter the defense thlnk that
The charge AGAINST him VIII unQuestion-
ably be dismissed. Col Lewis stated las,
night; Il have not a doubt that upon mo-
tton Of tie prosecution. James Mccain
VIII now be discharged without trial as
the verde, in Johns case Is a final deter
M e g ~