Arizona republican., 1918-05-11
WAL M CANN |S . BOUND OVER LIN
 MURDERCHARGE

UIOuBEll UIIIlllOL
 Link by link a chain of circumstan- tlal evidence was drawn about Wal McCann yesterday when the man charged with the murder of Kenneth '. Folston was held to answer to the superior court after his preliminary hearing before Justice Wheeler. His bond was fixed at s15,000 which he failed to furnish.
 McCann has been behind the bars Of the county jail since the arrest and the confinement has told on him al- though he did not evidence much con- cern as the case proceeded yesterday. He has retained his composure and fre- quently directed his counsel, Hubert w. Clark, as he cross examined wit nesses.
 The sensational feature came when $. P. Embrey, Scottsdale farmer, took the stand and identified McCann as the man he saw with Folston at Browns store in. Scottsdale the day the two are alleged to have left Phoe- nix together. Embrey stated be could positively identify Folston by a pie ture which appeared in The Republican and gave description of the clothing of Folston which he wore when last seen in the city November IS. He said FolSton was standing on the side walk and McCann was seated at the steering wheel of the Buick roadster owned by Folston which he identified as having an eagle on it's radiator cap Embrey testified of having seen a small rifle behind or at one side of the man seated in the car, which was headed east. directly on the road where l the dead body was found.
 | The state did not consider it neces. sary to argue the case at the con. clusion Of the testimony but called the i courts attention to the fact that Nc. i Can was he last man seen with Fols. ton: that the sick man had drawr | $500 in cash from the bank the day ! of his disappearance: that the two men had called at Worden's garage | for a small rifle and that they were seen together at Scottsdale on the day of the murder on the direct route | to where the body was found; that McCann had found Folston's overcoai on the desert and that the tracks ol the car where the coat was found were | identical with the tracks of Folston'. Buick roadster which McCann drove. l This was but bit of the testimon! l offered by the state that served tt | identify McCann with the crime fol which he will be tried before Judg' Stanford-probably in June.
 1 Only two witnesses were called b, the defense and their testimony an' the trend of the cross examination was to throw the blame on Ben Fols ton, brother of the murdered mar who instituted a countrywide scare for the consumptive after his disap pearance last November.
 The case was called promptly at o'clock. Friends and relatives of tn accused man, interested spectators an officers of the court were all preser when McCann appeared in the cdstod of Harry De Winton, deputy sherif MT. and Mrs. F. Marion McCann, par ents of the defendant, stepped insi6 the rail while his wife remained seate with friends on a bench just outsic the enclosure. MT. and Mrs. McCan were not permitted to remain wit their son as they had been subpoer aed by the state and all witnesses wei placed under rule.
 D. A. Parks was the first witne.
 
 Laney after H. R. Larson had bee } sworn in as court reporter. Park ] who was the undertaken who move
 the body from near McCann Spring , where it was found, to Phoenix, COT
 ducted the examination which r,
 suited in the finding of three bulle
 in the dried brain tissue. He state
 that any one of the three bullets wou l har ar.I hot !
 tion to being shot, Folston had be,
 a crack from ear to ear.
 The father Of the defendant test
 fled as to his whereabouts the we. 1. preceding the disappearance of Fo ston. He testified that he had be, employed by the Southwest Cottc company at Chandler and came town after his sons first arrest befo the recovery of the body. This ca against McCann was subsequent dropped when the state could not pro corpus delecti.
 Mrs. McCann was then called to Il stand and said that she saw her $, almost every day. Not having al reason to remember dates she cou not say positively whether or not was at home the day he is alleged have gone out of town with Folsto William Wolf of the Harmon Mot company, testified as to accompan ng searching party on the desc and the finding of Folston's overcoi said that Ival McCann. who W with the party. was the first to S } articles. MT. Wolf further test fled as to the tracks made by ;
 automobile where the coat was foul which were identical with those of t
 Buick car which Wal McCann dro
 for Folston. The front tires were
 smooth tread. he said, and the re
 had diamond tread. On cross exami ation he admitted that many cars a
 equipped in similar fashion.
 After testifying as to his brothe physical condition, Ben Folston tc
 how McCann had come out to t
 Glendale ranch where he was employ
 and of notifying him of Kenneth's al l appearance. giving him the first nc