The copper era and Morenci leader., 1918-10-18
GOVERNOR APPEARS IN CRIMINAL
 LIBEL SUIT

Phoenix, Ariz., Oct. 15-After put ting on four witnesses, whose testi mony occupied but few minutes and introducing a copy of the paper con taining the offending article, the state surprised the attorneys for the defense by resting its case against F. s. Breen, editor of the Coconino Sun, charged by Gov. George w. P. Hunt with criminal libel.
 Immediately Judge R. E. Sloan nov ed that the court instruct the jury to return verdict of not guilty on the ground that the allegations of the complaint had not been proved, the complaint having alleged that the pub was argued at some length and the court overruled the motion, when the defense started in to prove the truth of the publication.
 Governor is Citizen.
 The four witnesses put on by the state were Gov. Hunt, Edward T. Mo Gonigal, Mrs. Con P. Cronin and Luis lLowenthal. ,,t The governor testified that he is the | during last April at the time of the publication. Asked if he was citi- zen of the United States, he stated that he presumed that he was as he was born in Missouri. .
 Breen ls Editor. McGonigal testified that he is a resi- dent of Flagstaff and that F. s. Breen the defendant, is the editor and owner of the Coconino Sun, which paper has a general circulation throughout the state, He identified copy of tue paper containing the article, and the paper was then given the identifica- tion mark of Exhibit A" and the ar ticle was read to the jury. l On cross examination, the witness stated that he is a member of the board of the northern Arizona nor nal school at Flagstaff, appointed by Governor Hunt.
 Paper Identified. Mrs. Cronin stated that she is a clerk in the state library and as such received the copy of the Sun and read it. In dealing with the paper she was under the impression that letters were addressed to the Coco nino Sun, although some might have been addressed to Breen.
 She also identified the copy of the paper in evidence as one of the regu- lar issue, similar to the one that came to the state library.
 LowenthaI is Captain. Louis Lo wenthal revealed at the outset of his examination that he is no longer secretary to the governor, but is now a captain in the United States army.
 He identified the offending publica- tion and following his leaving the stand the state rested.
 Publication.
 Following is the publication as it appeared in the Sun:
 GOVERNOR WORRIES OVER
 BOLSHIVEKI.
 "A member of the N. A. N. faculty lhad occasion to call on Gov. Hunt re- gently and during thec- onversation re marked Isn't thas war terrib1e?' The amicable governor flashed out TO hell with the war The governor in his
 
 as to the ultimate fate of the bolshi wiki in Russia, seemingly much more so than in the American side of the cause"
 Defense Overruled.
 Counsel for the defense argued that the state had elected to allege the falsity of the publication and that il had made no effort whatever to prove the falsity. Libel, it was argued, con sists of malicious falsehood or mali cious defamation, and neither of these had been proven.
 The state contended that the publi cation was libelous per SC and that il was up to the defendant to make his defense.
 The court held the question one fol the jury to decide and overruled the motion to instruct a verdict of no guilty.
 Breen Testifies.
 The defendant was the first witnes. in his own behalf, and he testified that his article was written on in formation furnished him by Prot Harold Gaines Lawrence of the north ern Arizona Normal faculty. Prof Lawrence, he said had been called t' the bedised of his father, Dr. Mario1 F. Lawrence, the noted Sunda! school worker.
 The case was still before the jur. on Thursday. The conviction of thu I. w. w. leaders in Chicago figure' in the testimony of the defense. Let ters were lsointroduced to hoy correspondence passing between tn governor and members of the I. w w. and the famous I. w. w. pamphlet 'Is Freedom Dead' was much in evl