Savannah morning news. [volume] (Savannah) 1868-1887, 1885-06-06
THE LAYroN-soHwARz CASE.
The Testimony Concluded and the ArRu-
ment to be- Heard This Morning.

The attention OF the City Court was oc-
cupied during the most of yesterday with
the trial of the suit of A. G.. Layton
against Emil A. schwarz. 1t was alleged
that the plaintiff was engaged In this city
last winter as an advertising agent and
that while he was soliciting advertise
ments FOR some desks, which, 1t was
claimed, were to be placed in the
principal hotels the defendant Schwarz)
caused the plaintiffs arrest on an
illegal warrant, the illegality OF the war
rant consisting in the fact that 1t charged
Layton with "cheating and swindling,'
instead Of charging him with being
common cheat and swindler." 1t was
also claimed that the prosecution was
malicious for the reason that the defend
ant did not act in good faith when he sued
out the warrant, and that be did not have
probable cause or any kind of circum-
stances of justification for having Lay
ton arrested. The plaintiff alleged
that the Imprisonment and prosecution
had injured him in the opinion of the
business men from whom he was seeking
contracts Of advertising, and that he was
unable for many weeks while the case
against him was pending to successfully
execute contracts into which he had en-
tered.
The defendant in the case showed that
he was a furniture and car
pet dealer, and that Layton
nad obtained goods from his store to
the value OF $6l 10, when, according to
his advertising contract with Layton, the
latter was entitled to but $2j worth Of
goods to be used in the Harnett
House display desk only The plaintiff
denied that be was limited by his-under-
standing with SchWarz to obtaining goods
for use only in tue H3rnett House desk.
The principal witness for the prosecution
was the plaintiff. who was tigidly cross
examined by the defense rs TO the con
tracts which he had made with adver-
Users. There were sixteen witnesses for
the defendant, the majority of them being
introduced to show what the reputation
of the prosecutor was before and about
the time he was arrested. The admission
of a great deal Of the defendants testi-
mony was stubbornly resisted.
The defendant made motion for a non
suit on the second count of the plaintiffs
declaration, which, after argument, was
finally overruled. The defendant also
amended his plea by introducing one
of justification, when the remaining
testimony on the part of the defense was
taken. At this stage of the proceedings
witnesses were introduced to show that
the prosecutor left the Harnett House
owing its proprietor, and that
he had been previously requested
by the proprietor Of the Pulaski House to
leave that hotel. One of the witnesses
testified that it was known at the Pulaski
House that the prosecutor had attempted
TO induce one of the boys employed at the
hotel to commit an Offense OF beastiality.
The testimony for the defense was cOnclud-
ed with the statement of Mr.. Schwarz.
The court at 9 O'Clock took a recess I'M
til this morning at 10 O'Clock, when the
argument will be heard.
The petit jurors not engaged in the
trial of the case were discharged until
next Tuesday morning.