Arizona republican., 1918-10-16

to be sent to state institutions. at state expense.
 Judge Campbell read to the governor a number of alleged disloyal utter auces from Sinclair's magazine and a poem eXtoling the treaty of Brest Litovsk by which the Germans gained possession of portion of Russia, a statement that Roosevelt's seizure of Panama was akin to the kaiser's action in Serbia and that the allied govern ments in Europe merely wanted the United States to step in and lick the Germans so that they could get what they wanted. He asked the governor if he believed such literature should be circulated among school children at state expense and inquired whether the governor had cancelled the sub scriptions to the magazine. The gov ernor said that he did not feel respon- sible for everything that appeared in a magazine,
 The governor admitted that he was a stockholder in Pearson's magazine, having subscribed at time when they got into trouble, but denied that he knew they had been suppressed by the government.
 
 copies of the weekly pamphlet "Is Freedom Dead?" containing his photo graph along with that of Grover Per ry and McKinnon, convicted at Chi cago of sedition, from a man named McKinnon in charge of l. w. w., head quarters in Phoenix. The governor admitted that he had sent his automo- bile for them. had them sent to his house and that what was left of them were still there.
 On further cross examination the governor was asked by Judge Camp bell about his acquaintance with Charles Tannehill and other l. w. W.'s. The governor admitted knowing them and of taking some of them on a pleasure trip in his automobile to Flor ence. Rising in his chair, he denied most emphatically that he was an I. W. W.
 Judge Campbell asked the governor if he did not know now that the I. w. w. was a disloyal organization. He replied that he did not know it now. He was still on the stand under cross- examination when a recess was taken until II o'clock this morning.
 After putting in the deposition of -. Breen, defendant. took the stand right after lunch recess. He testified that Professor Lawrance came to his office on other business and while there. told him of the conversation with Hunt. He said that he published it as a matter of news, believing that the people had a right to know what the governor was saying. He denied having any malice toward the governor, saying that they had been friendly personally while they were members of the last territorial council of which Hunt was president and while Colonel Breen was member of the first state legislature. Colonel Breen testified that he had served as draft officer for the state under Gov ernor Campbell under appointment for President Wilson. He was asked by counsel for the prosecution where he secured his title of colonel and stated that he had been lieutenant colonel of the Arizona regiment.
 He testified that every effort has been made to get Professor Lawrance to return to Arizona; that he had first been called east by the illness of his | father. that later he accepted a posi- ton as superintendent of a chautauqua in New York state and could not re- | cial loss to himself.
 The first testimony was introduced at s:30 o'clock yesterday and a few minutes after 10 the state rested, hav- ing called but four witnesses to the stand. The evidence introduced was merely to prove Governor Hunt the chief executive of the state and a cit izen of the United States and to identi- fy Colonel Breen as editor of the Coco nino Sun. the paper in which the of lending article appeared. When the state rested Judge Sloan for the de- fense made a motion for an instructed verdict.
 Judge Sloan in his argument held that the state had definitely charged the falsity of the publication and that it was now essential for it to prove the falsity. He defined libel as malicious falsehood or malicious defamation and that enither had been proved.
 County Attorney Laney answered that he did not have to anticipate the defense. the court ruling with the state