Arizona republican., 1918-10-19
AFTER HALF \ NIGHT
 UNACREED, JURY IN
 LIBEL SUIT RET|RES

At midnight last night, no verdict having been reached by the jury de- liberating over the evidence in the libel suit against Colonel Fred s. Breen of Flagstaff. editor of the Coconino Sun, by Governor George W. P. Hunt, they were locked up for the remainder of the night.
 By grapevine telegraph it was ru- mored that shortly before the jury re- tired for the night they stood to 3 for acquittal of Colonel Breen.
 The case went to the jury shortly after noon yesterday. Early in the morning one of the governors strong est supporters was heard to say that the most he could hope for was hung jury. but the general opinion of those who heard the testimony was that the jury would return a verdict of acquit tai for Colonel Breen.
 At the opening of court yesterday, Judge Campbell continued his presen- tation of the case begun on Thursday. Again he urged the jury not to con- slider politics and to have the courage to return a verdict for the defendant. even though the verdict bring discredit on the governor of the state. He pointed out that there was no evidence with which to convict the editor of the l'Coconino Sun and notwithstanding that an acquittal might be construed as a reflection upon Governor Hunt, he asked the jury to have the moral cour- | age to return such a verdict. He asked them to show the same sense of duty that was being exhibited by the men across the sea, where democrats and republicans, comrades in arms, go | forward and do their duty.
 Judge Sloan in closing the case for the defense devoted his opening argu- ment to the definition of libel as laid down by the court. He then discussed the deposition of Professor Lawrence in which the member of the Arizona | Normal school faculty stated that in reply to a remark by him, This is a terrible war" the chief executive re- piled, ITO hell with the war" The deposition, Judge Sloan said, should be given full credence inasmuch as it was in accordance with the law and under tho direction of the court. Except for the dirty insinuation of the witness l Dowenthal," Judge Sloan declared that there was nothing against the deposi- ton.
 Drawing comparisons between the attitude of Governor Hunt and Colone Breen on the witness stand, counsel fol the defense drew attention to the fact that the editor had never shown the slightest malice. either in the publica tion of the article or in his testimony while the actions of the governor indi- cated his feeling.
 That the governor had attempted tC set himelf above the law, was the charge by Judge Sloan. He declared that it could not have been in ignor. ance, for he was familiar with the prac. tices of court, yet his attitude had no been in keeping with this knowledge He then took up the point which domi. mated the entire trial-Governor Hunt. association and connection with the I W. w. leaders.
 Asked if after his investigation a. chairman of the state council of de. fense he considered the I. W. w. a dis. loyal organization. Governor Hunt hat replied that he did not know, saiC Judge Sloan. By this answer he haC negatively endorsed the organization declared the speaker, adding that fed eral officers throughout the country know it to be disloyal.
 q common K0OWl. edge to everyone but the governor" wa. the remark by counsel who said tha 1t was this known association on th, part or the governor with this clas. that Justified Colonel Breen in accent ing Lawrence's story as true.
 In this connection he spoke of th, governor entertaining Charles Kastne at his home. the man who registered al an alien enemy, and gave as his resi- dence the home of the states chief ex : ecutive. It was this man the goyerno
 made a guard at the state prison i, , violation of the parole and if was h who Jumped his bond which was mad good by the governor. Did not suc] conduct on the part "r the governo Justify the newspaper man in his ac ceptance of the statement made by tn member of the Noraml school facuItv he asked in conclusion.
 county Attorney l.. M. Laney close TOT the state. He charged that in deposition of Professor Lawrence wa
 taken because he was afraid to retur
 10 the state-the deposition taken i . New York, he said, did not subject hir . to prosecution for perjury in Arizona. . The county prosecutor told the t1r not to consider Governor Hunts asso
 citation with members of the I w N
 lie declared that the much-discusse
 photograph of the governor in cornpan
 With two convicted I. W. w.. now serv
 ing Tn the federal prison at Leaven worth was taken in March. 1917
 month before the declaration of wa , According to the county attornev' statement, at that time the governo
 nad no reason to question the |. w. N
 and its loyalty. w. VI D Ihe states attorney admonished th f Jury not to consider the fact that tb a governor entertained an alien enemy : , ms nome His argument was largeI . devoted to justifying the governor i r his associations. '-''