Arizona republican., 1918-07-09
MURDERCHARGE
 |S VIGOROUSLY
 BEING PRESSED
Jury to Try McCann Picked,
 County Attorney Makes Opening Statement and One Witness Is Heard


 the first days trial of Ival McCann, charged with the murder of the Oregon heathseeker
 That it will be a long, hard fought case was evidenced from the lengthy examination of the Veniremen al- though, due to few challenges. it took far less time to select a jury than was at first expected. Because of the wide discussion given the case, the many newspaper accounts on the disappear ance of Folston last November, which appeared from time to time until the discovery of his body in the spring. it was thought the selection of jury would be a matter of days.
 Only three jurors declared they had fixed opinions when questioned by the county attorney and his challenge was not resisted by Hubert Clark, counsel for the defense. Two of the men stated they were old time friends of the de- fendants, father F. Marion McCann. pioneer of Arizona. The original panel included 29 challenges being allowed in the cases of E. A. Panknin, J. R. Ju- lien and c. c. Dixon
 The jury is composed almost entirely of farmers with the exception of John w. Martin, a proof reader and H. D. Wilson, printer. The remaining men selected for service include J. B. In- gram, Thomas James, M. J. Miller, J. c. Davis Charles W. Wise, J. R. McDon- ald w. R. Blackmer, R. W. Blackstone, J. w Brown and Adolph Bottcher.
 During the course of their eXamina- ton, it was made clear by the state that it hoped to secure a conviction by circumstantial evidence. This was em- phasized later in the opening statement of County Attorney l.. M. Laney.
 inl- of ism when Judge George H. Crosby, Jr of Apache county who is sitting as special judge, called the case yesterday morning. MT. Clark announced that the defense demanded that he be permitted to see the bullets testified to in the preliminary hearing as having been taken from the body of Folston.
 We shall want time to examine this evidence prior to the opening of our case" MT. Clark said. Tt may be nec- esSary to exhume the body and bring the skull into court to properly identify the three bullets included in the evil dence being held by the county at torney."
 His demand was denied by the court who ordered the case to proceed. It was noted many times during the course of the trial that Judge Crosby had occasion to repeat proceed" He is not rushing the case to the jury. but is not permitting unnecessary argu- ments between counsel or objections to his ruling. "The court has ruled' is the last word.
 The defendant sat at his counsePs table, his mother at his side. His fath- CT. too, was present in the court room and on the other side of the rail his . wife sat during the entire day. The witnesses were placed under rule, the only person exempt being A. J. Bruce, 2 Thiel detective, who was employed b" the county in the case. Objection to his presence was made by Clark who said he would be called as a wit : ness. When the count, attorney stated n that he did not expect to use Bruce as S a witness, Clark declared that we ex- fl pect to use him if they don't" Laney then explained that Bruce held a com !. mission of deputy sheriff and that il Q was necessary for his conduct of the Q case that he remain in the court room The court held with the county attor- ney.
 Laney outlined the states case to the O jury. He said that the state expected c to prove that Kenneth Folston came tC n Phoenix with his brother Ben Folston II early last fall from Oregon for the for
 
 f quaintance of McCann who worked ir Y garage and who frequently drove '' Folston's car. On November 21 it wa: o first reported that Kenneth Folstor V had disappeared, the first report com " ing from McCann who the county at torney alleged went to the garage ant stated he had an appointment witt I Kenneth that morning at 9 o'clock an( . that he had failed to keep his enage ment. He was asked why he was com blaming about man not keeping l9 o'clock appointment when that hou r had not arrived, but was advised to re- port his friends disappearance to tn, sheriffs office. The prosecuting at torney said that he expected to prove that McCann then went to Sherif | Milky and told him that Folston, Wht had an appointment with him at o'clock on the previous day, had failed to appear. McCann then reported tn, disappearance to Ben Folston who wa \ then working on the Walker rancl near Glendale. In continuing his state ment as to what the state would at tempt to prove, Laney said that h.
 would show that on November 19 Folston drew $500 from the Phoeni. National bank and on that day,~ il which Folston was last seen alive, h.
 
 : mess district of Phoenix and later il 4 the day at Browns store in Scottsdale | The gun, from which one of the thre shots were fired that ended Folston' | life, was noted in the Buick roadster driven by McCann with Folston as hi companion.
 Laney said that he would attempt t. prove that McCann, lacking means shortly after the disappearance of Fol ston made several purchases and gav his wife $100. This in itself was sus | picious, he said.
 He reviewed the long search for tn body, in which McCann took an activ Il part, leading Ben Folston and the of ficers to the desert where the dea, mans overcoat and scarf were found | He told of the finding of the body nea McCann Springs by John Pemberton, 2 cowboy. He spoke of the three bulle holes produced by two leaden bullet = of P calibre and the third hole from | steel jacket 22 calibre automatic.
 In conclusion Laney said that othe facts would develop during the cours of the trial including the conflisin, statements of the defendant, "Th state feels it has clearly made out ; case"
 Ben Folston, was the first witnes sworn for the state. He remained ol the stand three hours testifying how a one time during the search for hi brother, McCann had turned to hin and said we might be within 50 yard | of his body" The body was late found a short distance from that spot He told of the coming to Phoenix fo the benefit of the 30 year old boy health, of his encouragement as h. grew stronger daily. He identified hi | brothers coat and scarf and told in de