The Savannah morning news., 1903-04-21
$4,000 LIBEL SUIT
INSTITUTED BY j. Il. BENNETT
AGAINST A. :. GUCKENHEIMER.
MALICloUSNESS CHARGED.
FORMER PROPRIETOR OF ROYAL
SAYS HIS BUSINESS WAS RUINED.

Declares That shortly After His
Arrest the Insurance Companies
Cancelled His Policies, the Banks
Refused to Carry His Notes, and
His Customers Assigned His Ar
rest as a Reason for Discontinue
ing Their PatrOnaGe-Says He
Was Not Guilty, but That His Ar
rest Was Result of Malice.
As an outcome of the arrest of James
r. Bennett, formerly proprietor of the
Royal Music Hall, and his imprison-
ment as a common cheat and swindler,
under warrant sworn out by Mr.. Abe
S. Guckenheimer. a short while ago, a
suit for the recovery of $4,000 damages
was instituted in the City Court yes
terday.
Bennett was arrested Feb. 10. and
that subsequently, on commitment trial
before Justice of the Peace Naughtin,
he was discharged for lack of evidence
to warrant his retention.
The petition sets forth as follows:
On Jan. Bennett was engaged in bus
mess in Savannah, and had every pros
pect of doing a successful business in
the community. He purchased a bill
of goods from Mr.. A. S. Guckenheimer
there being no time stipulated as to
what time the bill should mature. SUB
sequently he made partial payments,
and returned to the firm a portion of
the goods purchased.
Demanded Pay for Goods,
Afterwards, on Feb 49, Mr.. Guck-
enheimer demanded payment, and
Mr.. Bennett expressed his re-
gret at his inability to comply
with the demand, saying that he would
pay him at later date. This was not
satisfactory, and Mr.. Guckenheimer in
formed him that unless he made imme-
diate. payment or furnish security he
would have his place closed up Mr..
Bennett then offered to return the
goods on hand, saying that the only
way his place of business could be
closed was through bankruptcy pro
ceedings.
Your petitioner shows that thessai id
Guckenhe1rner then and there inform
ed him that he had another remedy.
and that IL he did not pay him for
the goods he would have him arrest
ed" the petition reads The next Jav
the arrest was made. On March 3.
AItef preliminary hearing before JUS
tice Naughtin, he was discharged
The complainant sets forth that as 3,
result of his arrest as d cheat nnd
swindler, and his subsequent incal ce.l- :
tion in Jail he was Inundated and dis
graced in the community. The news
papers, he says, reported his arrest and
imprisonment, which was given Ni1a
circulation. He says he was not guilty
of the charges against him, and TIN,
he has been unlawfully deprived o. hi
liberty and held up to public hatred
contempt and ridicule.
Ills Insurance Cancelled.
Shortly after his arrest the insurance
companies cancelled all of his policies
and the banks in the city refused 10
longer carry his notes, be submits. His
business he says, was utterly ruined
and there was a great falling OFF In
MS trade, some Of his customers as
signing as their reason for Withdraw
ing their patronage that they did not
care to give it to a man of such char
acter, and that as result of his ar
rest he was forced to discontinue his
business, which would otherwise have
proved profitable one. His arrest
he declares, was the result of malice
and was without probable cause. The
SUIT was filed IN the Office Of the clerk
OF the City Court yesterday bv Robert
l.. colding, who represents the COM
plalnant, and Is returnable to the Nav
Term of the court