Arizona republican., 1918-07-16
DEFENSE PINS
 HOPES LIN DAY MAN VANISHED
McCann Evidently Plans to
 Rest Case On Theory That Folston Was Last Seen November 19 Not 20

The defense in the case of Wal Me Cam, charged with the murder of Kenneth C. Folston on or about No Vembcr 20 of last year, rested yester- day afternoon with the reservation that impeachment testimony would be introduced later County Attorney La ney objected to the statement of the reservation, saying that it would be highly improper thus to assail all the testimony at this stage of the proceed ings; the time to do that. he said, was in the phase of the case about to be closed.
 Judge Crosby interposed to say that the impeachment of testimony for the state would be confined to that of the witnesses in rebuttal by evidence in sur rebuttal.
 The greater part of the day was oc cupied by the continued cross -exami- nation of the defendant and by argu- ments between attorneys. The story related by the defendant was repeti- ton of what he had said on direct eX- animation and he maintained that story pretty well, as well as his self possession.
 Hinge Case on Date
 Beginning where he left off on Sat urday he said that on the afternoon of November 19, he was grinding the valves of Folstons machine at his home. That date promises to be an important one in the trial. Though the disappearance of Folston had been fixed on the following day there ap pears to have been no testimony that he was seen in Phoenix after Monday the 18th.
 McCann said that he had an ap pointment with Folston for o'colck the following morning but he made no inquiry concerning him until the next or Wednesday morning.
 Questioned as to the fact that he had purchased an automatic gun few days later the witness said that he had done so. He denied that he had owned any other gun. He had been a special deputy sheriff and as such had need of a gun and had borrowed one from his father When he had bought one for himself he returned the bor- rowed gun.
 Knows Spot Where Body Found
 The witness said that he had been born in Phoenix and had spent prac- ticaly all his life here. He had lived with his parents at Fort Mcdowell and was familiar with the country about McCann Springs near the place where the body of FOlston was found. He had not been there very often. He had%lo-
 
 and a half east of the Springs.
 The cross-eXamination then touched point where it hung pretty much throughout the presence of the witness on the stand-the statements he is al legged by the state to have made the night of his first arrest in the office oi the county attorney in the presence O. Mr. Laney, his assistant, Harry John son, Police Officer Strathy, Roy Nor rell, William Woolf and H. R. Lareon stenOgrapher for the county attorney.
 Quoting from the questions pro pounded to the defendant that nigh and his replies, the county attorne! asked him if he had made those state ments. The defendant invariably re piled that he did not remember but il most cases when pressed for an an swer said that he had not made tn statements. Well what was saic there that nght?' asked the county at torney. Did we all put in three O four hours there that night looking a one another?"
 Declines Making Statement
 The witness was questioned nor particularly as to a statement he wa alleged to have made that somebod about the Alturas Lodging Hous where Folston had rented a cot, woul know more about his disappearance That the witness strenuously denle and at that point said somethir about dictagraph wires which migh have been employed in the offices c the county attorney.
 The witness on his direct examina tion ha dsaid that the county attorne had said. We will send for Barnun (meaning the former policeman). t make him (the witness) talk Thi statement was made. the witness sait in a conversation between him and tn county attorney out of hearing of tn others in the office.
 On redirect examination the witne' was examined by Mir Pugh further ( to the money he had earned betwee October 15 and the date of the disaT pearance of Folston. The witness sa that various other sums he had earne in addition to those he had enumerate had since been suggested to him ! persons who had employed him.
 Again Accuses Ben Folston
 Reverting to the declaration of u defendant on Saturday that he b,