Arizona republican., 1918-09-17

made to prove that the governor ut tered such a remark.
 The argument was begun by Judge Doc. who attacked the sufficiency of the information. He said that it would be sufficient if the publication was libel per SC, but if not. the indictment or information must show by allega- tions that there was malicious intent to injure the complaining witness. There was, he said, no such showing.
 The language attributed to the gov ernor was not such as standing alone, would be libelous. One weary of talk of the war, though thoroughly loyal, might make such a remark as the gov ernor is alleged to have made As to the statement of the Sun with refer ence to the governors concern for the bolsheviki, Judge Doe said that at that time there was nothing apporbrious in such reference. The bolsheviki were Vet regarded as the allies of the en- tente: they had been recognizd by this and other governments of the allies.
 Judge Campbell followed along the same line and contended that there was nothing in the publication of the Citizen standing alone, that could be regarded as libelous. If so, he said it would be impossible for a newspaper to defend citizen against a libelous or slanderous attack. The Citizen had only demanded that the person who had reported the conversation should be disclosed and be made to prove it The court then inquired if the pur- pose of the publication might not be arrived at by the public Knowledge that the governor had been accused ot l friendliness to persons of supposed | HIglnNnlfr H l Campbell lis the very point. But the court cannot take judicial notice oi such accusations. It must be set fortf in the indictment or information that by reason of that fact the governor has been accused of sympathy with mem. bers of a disloyal organization. the publication complained of is designed to iniure him. But such a publication could not possibly injure one agains whom such accusations have not beer made"
 County Attorney Laney in reply saiC that the rule laid down by the attor- neys for the defense were obsolete that the information was sufficien when it had declared that a certain libelous article had been published anC he quoted from the Penal Code: Al indictment or information for libe 1 need not set forth any eXtrinsic fac for the purpose of showing the appli cation to the party libeled of the fals, or defamatory matter on which tn, information or indictment is founded but it is sufficient to state general, that the same was published concern ing him, and the fact that it was s' published concerning him must b. established on trial"
 In the course of the remarks of tn county attorney it was developed tha before the history of the Great Wa has been fully made up there is con flict Of beliefs. As to the bolshevik from the moment the name becam known outside of Russia, he said. tn word was regarded as one of appro blum. and as that was already a mat ter of history, the court could talk judicial notice of that fact.
 Judge Doc denied again that at tn time of the publication the bolshevik were not held in such low esteem. bu were regarded as the enemies of tn central powers.
 Following County Attorney Laney Judge Sloan and Judge Campbe closed the argument. Judge Stanfor said that he would rule at l.: 30 o'cloc today.