Arizona republican., 1918-07-11

that they were to be in the custody of
 two bailiffs for the remainder of the
 trial
 "The court has seen fit to keep you
 together for the remainder of the case | You will be provided with outdoor
 sleeping quarters, meals, reading mat
 ter, games, amusements, and the Phoenix papers, with the new reports
 of this case cut out" stated the court.
 Later in the day Judge Crosby modi
 fled the order allowing the jurors to
 go home each night.
 "There is so much discussion of the
 case that I hardly think it fair to
 either side to permit you jurors to
 mingle with the public in restaurants
 and other public gathering places"
 said the court, adding that at this time
 he would do nothing more about the
 matter except to put the jury in charge
 of the bailiffs.
 He took up the newspaper feature
 later. He said that during the noon
 recess he had read over the accounts
 of the proceedings in both papers three different times and could not see any
 thing in the articles to interfere with
 public justice, and that any question of
 unfairness was a matter between the
 newspaper and the public, in which the
 court would take no action.
 Constable Roy Morrell was the first
 witness called yesterday morning and
 was given a lengthy redirect examina-
 ton by County Attorney Laney. Nor
 rell testified to an interview with Me
 Cam at the office of the county at torney on November 2S, in the pres
 ence of the county prosecutor, his as Of tln
 department; A. J. Bruce, a Thiel de- tective, and William Woolf. He de- clared that McCann was at the office from an hour and a half to two hours, and freely volunteered his statements.
 I'll answer any questions you put, McCann said. according to the witness. On objection to the testimony by Clark on the ground that the defend
 ant had not been warned of his con- stitutional rights nor cautioned that
 any statement he might make would < be used against him, the county at torney answered that this evidence
 was used as an admission not as a \ confession. The court ruled with the {, state.
 Morrell testified that McCann had ? told the authorities that he had an en-
 gagement with Folston at o'clock on { the morning of November 21 and Fols 9 ton had failed to keep the appoint
 ment McCann said he waited another hour and when Folston did not meet l him he went to the Capitol Pharmacy g and telephoned the Alturas hotel. Me f Cam, said the witness. then stated Q that he notified the sheriff's office that the man was missing. His appoint ment with Folston had been for the Q sale of a car to Greek, he said, to the I men gathered in the county attorneys V office.
 There is not good feeling between | you and McCann,' from Clark. f In denying ill feeling Morrell stated d We were both raised here in the val
 ley and are the best of friends il At this time?'
 V As far as I am concerned" 1T You were the arresting officer 1T p the case?"
 o Yes"
 :, Isn't it true that you and the res e of the officers made up your minds t T, take the defendant out of the city linn c it's and put rope around his neck ant 70 demand a confession?"
 Tt is not" was the emphatic denia {, of Morrell.
 z Tt is true that you drove him abou o the city for a considerable time befor '" taking him to the county attorney
 office?"
 e Some five or six minutes. We start
 ed to the city hall and then to tn u county attorneys office"
 I There were machines followin; u yours?'
 = Jack Smith and his wife were in II car"
 :. Isn't it true that you gave the de e fendant the third degree severa
 times?"
 r. I've had the remains at the count. s, garage" Morrell answered a few nor n questions along this line but was GU 'e short by the objection of the count 'r attorney who had not gone into tn k matter on direct examination. ct Ben Folston. brother of the murder e ed man, was recalled to the stand t ,f identify photograph of Kennel h Folston which appeared in The Re d publican. The cut had been made iron J. photograph, he said, which had bee
 taken in Oregon in the autumn of 191t 1t It was by the newspaper picture tha V S. B. Embrey recognized the man h |, saw in Scottsdale on November 19 a Il Kenneth c. Folston. Embrey testifie n that he was standing on the sidewal Q in front of Browns store when he no
 tced a Buick roadster parked at tn is curb. An eagle was on the radiato ,o cap of the car and someone he though = was Ivan McCann was sitting at tn
 steering wheel He had only a sid s view of the face, he said and could no positively identify McCann. He sai l. he noticed a small calibre gun in tn ", machine the barrel protrucing abov i. the seat. few days later he saw tn ~ picture in The Republican and kne' = that the man he saw with the othe v he believed to be McCann was FOlstOr 4 He was shown some half dozen othe .o photographs of Folston and asked ls they were or were not he. Ut Cant say whether they are or ar 'e not.
 y Are you afraid to use your judg
 ment on picture unless in the hand s of the county attorney asked Clark ie Mir. Embrey explained that the. GU to in The Republican was clear and h le had no difficulty in identifying it wa l. Folston while the photographs wer ne blurred.
 1e Clark objected to having the picture Tt identified as asked by the county at mt torney. Judge Crosby ruled with tn rs state.
 n- The remainder of the states wit gs nesses testified to the finances of th E. McCanns immediately after the disar i- pearance of Folston.
 E. T. Hazelett, auditor of the Phoe rs nix National bank. testified that Fols