Arizona republican., 1920-04-16
corps DEATH CAUSES POSTPONEMENT
 IN LIBEL SUIT
S50,000 Action Against the Gazette for Libel Goes Over Until Monday After Both Sides Have Rested

After both sides yesterday had rested, the $50.o00 libel suit brought by Thomas A. French. former secretary of the state peniteutiary, against the Arizona Gazette Publishing company was unexpectedly cont,uued until next Monday morning at 9:S0 o'clock by Judge Stanford on account of the death of the sister of c. $. Rogers, one of the jurors. Word was received by Mir. Rogers during the recess period in the afternoon, and the postponement followed. The rebuttal and arguments in the case will be presented when the trial is resumed
 In the morning Claude F. Wilson, former advertising manager of the Ga zette, was recalled to the stand to tes- tIfy as to the statements made to him by Louis V. Eytinge, sentenced to the penitentiary for life, during visit of Mir. Wilson to the institution early in 1919. MT. Wilson said Eytinge stated he had made a speech in which he said the picture of the kaiser should hang in the condemned cell and that E,ytinge told him there was q shortage of bed linen. Ward K. Adams said he heard the speech made by Eytinge. J. J. Saunders. eX-parole clerk, testified he had found shortage of sheets and pill low slips while acting as superinten-. dent during the vacation of MT. Sims in 1918 and had ordered them at once
 The principal feature in the trial was controversy between the attorneys regarding the adInissibility as evidence of a publication subsequent to that on which the complaint of French was based. This dispute arose in the course of the cross examination of Charles H. Akers, president of the Gazette pub fishing company, when MT. Struck myer for the plaintiff sought to intro duce an article published April 12, 1919,
 
 tion cf the criticism of the condition of the prison when it was taken over by the Campbell administration. in the first article it was stated among other things that picture of the kaiser adorned the wall of the secre- tary's office, that fac simile of the German flag was Superimposed upon the American flag, and that no Ameri- can flag was on display outside the prison
 The article of April F mentioned French in connection with the develop ment of the investigation in Phoenix of the l. ". ". movement and the statement was made that the suit Of French already brought was filed fol 1 the purpose of preventing the making 1 of further disclosures by the Gazette | of the activities of the I. w. W.
 This article was admissible for the purpose of proving malice on the part 1l litG pfONldeQ II was Ol similar import, and it was contended by | he plaintiff that it was of such inn port, since both of them sought to es- | ablish the disloyalty Of the plaintiff [ The admission of the article was op l posed by Messrs. Bullard and Jacobs | 'or the defense on the ground that it vas not Of similar import, that while i. i imputed disloyalty to the plaintiff, the l ormer article was nothing more than | ! criticism of the prison management l turing the service of the plaintiff. as 1 secretary. Besides, thew contended, 1t | was not proper cross examination.
 Judge Stanford overruled the objec- ion of the defendant and the article [ vas read in part to the jury by MT. 5truckmyer and in it's entirety by MT. 3ullard.
 The cross examination of Mir. Akers vas continued until well along in the Afternoon.