The Washington times., 1921-01-31
Retry JUDGE
. FOR Staying
Chief Justice OF Cleveland Court
Faces Jury for Second
Time.

CLEVELAND, Jan. Sl.-A third
effort to determine judically who
fired the shot which resulted in the
death of Harold c. Kagy last May
began in common pleas court here
this morning when William H. Nc
Cannon, chief justice Of the Cleve-
land municipal court, appeared in
court to answer to an indictment
charging second degree murder.
FIRST TRIAD DISAGREEMENT.
McGannon was tried In December,
the jury reporting a disagreement on
December 81 after being deadiocked
for more than forty-eight hours. Ten
OF the jurors voted for conviction
and two for acquittal.
In November John W. Joyce. a
former saloon keeper. was tried and
acquitted on an Indictment charging
him with the murder.
The death OF Kagy has attracted
more attention than any crime OF like
character in the Middle West for
years. owing to the prominence OF
one OF the men charged with the
crime.
~ the tWo
ready been held. the evidence pre-
scented has shown many contradic-
lions.
The undisputed facts are that Nc
Cannon. Joyce and Kagy met at
cafe on Euclid avenue on the night OF
May Z. and that from there they drove
downtown In Judge McGannon's car.
At a downtown street corner the car
stopped and a shot followed an alter
cation. All persons disappeared ex-
cept the wounded man, who was taken
to hospital, where he died two
weeks later.
MAINTAINS INNOCENCE.
Kagy said that Joyce shot him. His
statement. made at the time and later
just before his death, resulted in the
arrest and indictment of Joyce, Judge
McGannon appearing as a witness for
the prosecution at the Joyce trial
Judge McGannon, however. has
steadfastly maintained that he was
not present when the shot was fred.
He testified at his own and Joyce's
trials that he left the murder car
at the corner OF East Ninth and
Euclid and walked to the public
square. where he took a street car to
his home on upper Euclid avenue.
Witnesses at his trial attempted to
establish his alibi, two men testifying
that they saw him on the car. while
others. including the Judges brother
and sister-in- law, said that they saw
the judge on the way to the public
square at time prior to the firing Of
the fatal shot.
The principal testimony against the
judge will again be furnished by Miss
May B. Nicely. a former friend of the
jurist, but who now is his bitter
enemy. Stories OF the woman
scorned" have been current in this
connection since she first appeared be-
fore the grand jury.
JUDGE SHOWS STRAIN.
She is expected to again testify that
she saw the judge fire the shot that
killed kagy, having trailed him on
the night of the murder for purposes
of her own, according to her former
story.
McGannon is showing the strain of
the charges made against him and the
gossip that has been dragging the
judicial ermine in the mire. For
many years an honored and respected
judge, who has decided the fate of
many accused criminals a former as.
sistant county prosecutor, his present
position is attracting wide attention.
Who killed Harold c. Ksgy? Upon
the answer to this question depends
the freedom of a much-honored citizen
and the spotlessness of the ermine of
a Judge.