Arizona republican., 1918-07-11
Witness In McCann Trial Declares Belief In Guilt of Defendant; Attorney
 Then Asks for New Jury

Demanding that the jury be dis missed when a witness for the state made the statement that in his opinion "McCann was guilty of the job" Hu- bert $. Clark, counsel for the defense, asked that a new venire be called. Clark who is defending Ival Me Cam. charged with the murder of Ken meth c. Foston, claimed a new venire on the ground that the statement was prejudicial to the jury.
 George H. Crosby, Jr., of Apache county, the presiding judge, denied the motion and ordered the case to proceed after few brief remarks in which he told the jury to disregard the matter entirely. He declared the queston of the county attorney calling for the answer was right and proper, since the counsel for the, defense had gone into the matter of motives for severing the friendship between Jack Smith, the witness, and the defendant Clark had intimated that the reason good feeling no longer existed between the two men was because of the wife of McCann.
 Isn't it true that the very day Me Cam was released on bail you took Mrs. McCann to Roosevelt?' he was asked.
 "She was included in the party" re- piled the witness.
 He was asked how much time he passed with Mrs. McCann, and said he had seen no more of her than for the past few years, during which time he and McCann were close friends.
 He was then asked why they were no longer on such good terms and stated because of an investigation he had made.
 The witness was then asked to ex- plain.
 Objection was interposed by Clarl on the ground that the answer called for an opinion.
 When objection was overruled, Clarl asked that his objection be noted adding:
 Let the witness explain before tht jury if the court sees proper
 It was then that Smith declared tha
  guilty.
 The Smith testimony came as z bombshel Those who had followed the case closely were familiar with thu evidence introduced, even to that O s. B. Embrey, who claimed to hav' seen McCann and Folston in Scotts dale the day of the latter's disappear ance. It had been carefully gone int at the preliminary. but what Smith tolt on the stand was something entirel! new.
 The witness stated that he hat known the defendant for period O ten years, during which time they hal been close friends.
 'I called him (McCann) up and aske' him to come down to see me at m, place of business. and when he arrive' I asked him if he knew he would b arrested for the crime. He answere that he had some suspicion. I told hir l wanted to ask him few question to clear my mind and wanted to knoy where he got the s100 he gave hi wife.
 "T sold an auto was the answe he gave me" said the witness. wht continuing his story in response { questions said that McCann told hir ne Ildu Solu OlSloD S car.
 "I asked him to whom. and he said sold it to a Greek who went to Mex ico. He said the car was a Buick tha Irolston had picked up and resold. said: 'McCann. that story don't soun good and he replica: Well, if I'm ar rested I won't say I sold the car. r find some one who gave me the money told him not to say l gave him tn Sl00 as I'd be checked uD"
 When McCann discussed the disap pearance of Folston with the witness he is alleged to have said that Folsto was supposed to be going away to b cured of tuberculosis. The price ( the cure was given as $500. Clar aaked the witness if it were not a fat that he had been taken to the offiC of the county attorney and accused ( writing the anonymous letters wit which the sheriffs office was floode after McCann's arrest. This he dc nied.
 Did you ever tell the defendar that he would be taken out of the cit limits?" asked Clark, question tha had been put to Constable Roy Morre with the suggestion that a confessio was to be secured by means of a rop
 "Yes." was the answer.
 Ine witness SdlQ ne ndO secured tn information from Dr. Monical, wh said he had the word from the sher ifs office. according to Smith.
 Smith was then cross examined a his friendship with the wife of the dc fendant and was later given opportu nifty by County Attorney l.. M. Lane to explain that the trip to Rooseve was on business and that his brotht and sister-in law, Mir. and Mrs. Geors Smith, were in the party.
 The state has but few questions ask this morning, when it will rest il case. There appears to be no doul but that the fate of McCann will placed in the hands of the jury | Saturday afternoon.
 There was much progress made ye! terday, although quite a bit of tin was taken to the objection of Clark the alleged unfair methods of u Phoenix papers, especially the Ga Zette. The attorney stated that Il press reports would prejudice Il mind of the public against the cou and the defendant. Clark even we so far as to insinuate the newspape were holding up the court as a Kai yaroo court, misquoting it's rulinj and the evidence introduced. He SUI gested to the court that he take cogn yance of the reports.
 Tudpe Crosby informed inc iuro