Arizona republican., 1918-07-10
M CAIN CASE MAY
 BE COMPLETED BY
 SATURDAY EVENING

OnA 0bsAuuu 6B 6utubuO What the state believes to be one of it's strongest links in the chain of cir cumstantial evidence by which it is attempting to convict Ival McCann of the murder of Kenneth c. Folston will be offered in evidence today when F. T. Embrey will take the stand for the prosecution.
 At the preliminary hearing the rancher identified McCann as the man with whom he saw Falston at the Brown store in Scottsdale, the day he disappeared from Phoenix. He iden- tified F'olston by a picture which ap- peared in The Republican
 County Attorney L. NJ. Laney. who is conducting the prosecution assisted by Harry Johnson. stated yesterday that he believed the states evidence would all be in when court takes a re- cess at o'clock this evening. The de- fense not having subpoenaed as many witnesses as the state will require probably less than two days, leaving Saturday for the final arguments. When the jury was drawn on Monday those who did not qualify were told to return on the following Monday by George H. Crosby, Jr., of Apache, who is sitting in the case in Judge Stanford's division of the superior court
 | The so- called third degree which Me Cam was forced to undergo while a prisoner in the county jail was a fea- | ture of yesterdays testimony. The matter was gone into when Hubert Clark, for the defense cross examined Sheriff W. H. Wilky MT Wilky had testified to seeing the body at the un- dertakers.
 Where was the next place you saw the body?" asked Clark
 At the county garage" was the re- ply.
 Who were present?'
 The county attorney, Ben FoIston Justice De Souza, Constable Roy Mor- rell, a Thiel detective, Ival McCann and myself.'
 At whose instance did you take the prisoner to the county garage?"
 At the instance of the county at- torney and Justice De Souza." said the sheriff. Wilky then described the dark
 
 and how he was made to confront the remains over which blazed a high powered electric light.
 How did he act when you gave hin the third degree?" questioned counsel
 He looked at the body, but ex. hlbited no nervousness" said Mir Wilky, who testified he did not hea, what McCann said to the county at torney.
 Objection Sustained
 Do you think that is the propel way to treat prisoner in your GUS tody!' inquired counsel, to whicf Laney objected as argumentative. Tn, objection was sustained by the cour and the question withdrawn.
 The spectators in the crowded cour room leaned forward not to lose a wort of the testimony. They had sa through long hours of the case waitin, sensational developments. but even th description of the third degree lacked the expected thrills. It was al tolu Tn such quiet, matter of fac / way In answer to questions put in commonplace way that it did not sta out above The rest of the testimon- taken during the course of the da, mere were many more present tha1 at the initial days hearing. An extr row of chairs was placed for the man women who appeared and men stoo s In the rear of the hot court. room fan ming with their hats and newspa per for hours at a time in order not t miss hearing the trial of the Phoeni man.
 George Irwin Called The flrst witness called yesterda morning was George Irwin. who testi iled that he had seen and spoken t McCann and Folston on November l, the day F'olston dropped from sigh The men were together, said the wit ness. near the mattress factory o west Washington street. They wer seated in Folston's Buick roadster, tes tified Irwin, who said he was positiv E of the time as there was a fire at tn mattress factory on that date. Irwin testified that he had a brie conversation with Folston, who tol him he had sold his Buick to his part ner, indicating McCann, with a twist ( his shoulders, "Folston said they wer soing out 2S miles to look at a Saxon. lie did not state what day they were make the trip.
 Parks Next Witness
 D. A. Parks was the next witnes called. Parks told of the condition ( ! the body when he first viewed it and [ the examination made of the skull .
 Merryman's undertaking parlors. Park sad that in the pockets of the mur dered man were found his watch, cut buttons, two s10 bills, a 50 cent piec and few pennies, together with cer tain papers including his registratio card. The right hand pocket of tn trousers was turned wrong side out g If its contents had been removed. H testified the cloth was bleached an worn from the sun. He then told the condition of the skull when he cor ducted an examination in the presenC of the county attorney. the snerlrr ar
 Ben Folston In addition to the thrt
 bullets which he found in the dried U
 brain tissue, he noted that the sku ' had been cracked by what he thougl : heavy blow. He stated that the tu 1 bullet holes in the right temple we caused by 22 calibre and one in u right temple by 20 calibre bullet III Parks Cross Examined III Counsel in cross examination close questioned Parks relative to any drif
 wood or debris being noticed about Il
 body at the time of its removal |
 was also asked to state whether or n
 the bullets were fired into the head b II fore or after death.
 lli The witness said he could not say. II Horace Worden. proprietor of a q Il rage to whom McCann is alleged
 have first reported Folston's disa
 pearance, testified that McCann car II to the garage before z Ao'clock and sa II that Folston had not kept an engag II ment with him at o'clock. He d
 clared that Folston was missing al
 asked Worden to advise him what