Arizona republican., 1918-07-14
M 'CANN CHARGES BEN FO[ST0N |S
 REAL MURDERER
Defendant Tells Story of County Garage Test When
 He Was Confronted With
 Remains of Murdered Man

Charging Ben Folston with the murder of his brother, Kenneth C. folston, Wal McCann at the morning session of court yesterday testified that he had positive knowledge that Vhe man ne accused was guilty of the crime for which he was now on trial
 lie stated that there was more evil dence against Folston than there was against himself.
 In direct examination, his counsel Spencer Pugh, had asked: Did YOU XII Kenneth C. F'olston?" to which he made the emphatic reply, T did not"
 1 County Attorney L. M Laney, talk Ing up the cross examination at this polnt, asked: Do you know who did kill Folston?'
 T do, Ben Folston."
 when court took a recess the day before, McCann had accounted for every hour until 1 o'clock on No Vember 19, the day Folston disap- peared. He continued where he lett OH, giving complete account of how ne passed the day on which he is charged with murdering the Oregon health seeker.
 Tells of the Afternoon.
 lie testified that after working on ms car until l o'clock he took Fol ston down town to his lunch. It was shortly afterward that he saw Alber, D' Leyhe, the attorney, in the barber shop and then he went home, where he remained until o'clock. stopping something like 20 minutes to go down town for tobacco.
 Were you in Scottsdale between l;S0 and o'clock, November 19?"
 T was not replied McCann.
 The defendant was interrogateo concerning a conversation with Jacl smith, denying the statements made by Smith on the stand
 Did you ever say anything to hin aoout selling a car to a man in Mex. ico?"
 T did not"
 He claimed that he made no men. tion to Smith of giving his wife s1OO
 Where did you go after you lef
 Smith?"
 He took me home' What met you there?' "A warrant"
 He said that the warrant was pre-
 sented by Constable Roy Morrell ant that 1t had been issued from Justic,
 De Souza's court and sworn to b,
 Ben Folston.
 Gave Gun to Wife.
 McCann said he asked Morrell i
 he might speak to h is wife, and thu answer was No" He stated he ther
 handed his wife his gun.
 What happened then?' They took me for a joy ride" McCann said that the officer drov, him through the city hall plaza around by the Republican, down tn, avenue and on to the county attor ney's office.
 Why did they take you to all thos places?"
 f T don't know What was said?" T said: Take me to the sheriff office. l don't want to joy ride whil under arrest. The parade" h said, lasted five or six minutes. Although he failed to remember tn date of his first arrest, he had dis tinct remembrance of the length, seance in the office of the county at torney, where he was questioned, h said, until 1:30 o'clock in the morn ing
 Who were present." County Attorney Laney, Harr. Johnson, his assistant, J. A. Bruce Roy Morrell, Ben Folston and Mix Strathey.
 Any of your own people there?" Tn the next room.' Who were there?" k His People in Next Room. My mother, brother and my wifi might have been there" "Then what happened?" i They questioned me-" What did they ask you?" MT. Laney asked me what I ha done with Kenneth c. Folston, and said I didn't do anything" Were you questioned by Roy Nor rell?"
 q was questioned by the whol s cheese-the whole bunch." He said he would not say anythin until he had an attorney From ther he was taken to jail and remaine behind the bars for six days. Tn only time he was out was when n was arraigned before Justice D Souza. Then came the preliminary. E They turned me loose," said tn \ witness, who testified that he the l. went to work for the Fletcher Garag, He said his re-arrest followed H was arrested, he said, without a war rant and taken to Justice Wheeler court, where the warrant was reat He remained in jail B days, the onl ! time he was taken out was shortl after midnight, when the sheriff too him from his cell. He said that r | was driven down Jackson street an on the way down he asked Sheri Milky where he was being taken.
 He said, I don't know,'" said tt witness, who continued, q said, All
 want is square deal,' and he replies You'll get it." Episode in County Garage. | McCann testified that he was the taken into a pitch dark room an suddenly the lights were turned c above a rough. bench on which wei the remains of Folston. The rt
 mainder of the room was in darl | ness.
 q looked at the body and then asked Laney what he wanted and did not answer me. 1 asked for chair and sat down and Laney locke
 at me for five minutes and then sai
 McCann, can you identify him? ar
 said I would make no statemel
 until I had an attorney" He testified that they remained the county garage about 30 minute
 he would judge. McCann testified that before par
 ing with Folston on November 19, u
 latter had paid him off, as he wantt