Arizona republican., 1919-06-07
DUNBAR HEARING
 IN LIBEL SUIT IS
 SETFOR JUNE 18
Counsel for Defense to Get Continuance; Finally Says In Affidavit Desires Gov ernor as Witness

After a hard legal battle in which counsel for the defendant produced an affidavit 10 the effect that material witnesses were absend from the state mentioning specifically Governor Thomas E. Campbell, the preliminary hearing of John c. Dunbar, charged with criminal libel went over until June IS.
 Justice De Souza granted the motion Tor a continuance after lengthy argu- mnts by r. C. Struckmeyer for the de- fense despite the strenuous opposition of County Attorney l.. NJ. Laney who held that the affidavit was defective in that it did not show honesty of pur- pose.
 Counsel for the defense filed a de- murrer to the complaint in which he held that the word "degenerate,y to which Percy R. Mines, secretary to Governor Campbell took offense. was not libelous as used by the defendant He declared that the iunuendo set up in the complaint seeks to add 10 con tort and enlarge upon the language al legged to have been published concern ing Mir. Milnes. He held that the pub- lication did not naturally import or tend to accuse Mr. Mines of the com mission by him of certain acts implied in the complaint which he denounced for its artificial language" Wants to Study Decision
 Mr. Struckmeyer then asked for a continuance until he could secure wit nesses from Prescott and Miami and then made the assertion that the wit ness from out of the state was none other than the chief executive. He pointed out the fact that the supreme Afa1x- it's decision in the Harris Arizona Pub fishing company case that covered cer- tain points of libel and that he had not as vet received a copy He stated that he wished 10 read this decision from which it is understood the county at t2fney will quote extensively during the course of the hearing.
 Dismissing as absurd the matter of a demurrer to a criminal complaint in preliminary hearing, County Attorney Laney took up the matter of a cont!n- uance, which he resisted. He declared the state ready to go to trial, holding that continuance would not serve any useful purpose.
 The statement of counsel is not suf- ficient ground for a continuance" said Laney. "The defense has had ample lime 10 get ready. The question is, is
  bars Weekly libelOus and should or should not Mir Dunbar he held to the superior court
 Moment of Humor
 The court ordered a recess until 2 o'clock when Mir. Struclmeyer was told 10 present his affidavit. When the af- ildaVlt was presented later in the day The county prosecutor held it was in- sufficient and not in accordance with the law in a. single particular. He de- Clared that 1t must set forth what the defense had been informed and what he believed the witnesses would testify, and held that the one submitted was entirely without merit.
 A paragraph of the affidavit was not without it's humor, and the laugh that went around the courtroom as it was read was the one moment in which WfghtN law questions were forgotten
 The atliant is credibly informed and believes that if this case is continued a short period of time the said Thomas F. Campbell will return to the state of Arizona,' read AIr. Struckmeyer.
 How much time do you want Mr 0. .ruckmey yer2' asked the court.
 The question then came up as to the lime Of the governors return, and Mr. Milnes stated he had received a wire stating that Governor Campbell ex- pected 10 be in IT Paso on Saturday and he believed he would be in Phoe- nix on either Tuesday or Wednesday.
 Justice De SouZa suggested Friday. the thirteenth. as the dale for the hearing but this did not meet the ap- proval of the defense, and the date was finally set for June IS at 10 o'clock a. m.