Albuquerque citizen. [volume] (Albuquerque, N.M.) 1907-1909, 1909-05-24
HEhDRlCK SUES FOR
LIBEL AND FALSE
IMPRISONMENT
Former Editor OF The Sun
Asks Damages From
Journal and
Officials.
RECENTLY FINED
ON CONTEMPT CHARGE
Two Suits Filed Today Are Result
of courts Action Recent
ly and of Various
Newspaper
Stories.

Charles Hendricks VS.. the Journal
Publishing 80. $4,000 for libel;
Charles Hendricks vs.. ira a. Abbott
and Fred Heyn. $4,000 for false I'M
prisonment. etc. are the titles Of two
interesting suits filed in the district
court today, by the former editor of
the defunct Albuquerque sun, which
for five months, almost disrupted the
local Democratic party and gave this
city something to talk about besides
the latest styles in millinery. Papers
in the suits were served today.
Some weeks ago during the ses-
sions of the Second judicial district
court c. c. Hendricks, who appears
as plaintiff. was arrested by Mr..
Heyn. a deputy sheriff on order of
Ira A. Abbott the presiding Judge,
charged with disturbing the court by
loud talk and was placed in jail
over night to think it over. He was
later brought before the court, sus-
pended from practice at the bar for
six months and received a fine. The
suits are the outgrowth of the affair.
In the libel case against the Jour
nal Publishing company, Mr. Hen
dricks charges that the paper pub
of conviction for perjury in Penn
sylvania court and so printed the al
legation as to convey the impression
that ne had served term of two and
a half years Imprisonment therefor.
Mr.. Hendricks quotes from the paper
it's headlines and articles, 90 sustain
his contention that he was damaged
in reputation to the extent of $l5,-
600. He also takes exception to the
report that paper made on his arrest
by Deputy Sheriff Heyn for contempt
of court The petition is interspersed
with quotations from the Journal.
The suit against Judge Abbott ana
Deputy Sheriff Heyn, however Is by
far the most original and interest
ing. 1t goes into considerable de-
tail and alleges even conspiracy be-
tween the court and the officer. A
copy of the allegations was served
this afternoon on Deputy Sheriff
Heyn. who Immediately began cam
vass of his friends for a loan of the
amount for which he was sued. The
petition in the case is as follows:
COmplaint-False Imprisonment.
Charles Hendrick VS.. Ira A. Abbott
and Fred Heyn.-No. SOAP.
The plaintiff in the above cause,
alleges and complains:
First. That the plaintiff is an At
torney at law, and was admitted to
practice as such in all courts in the
territory of New Mexico, and prac-
ticed as such until the 18th day of
May. A. d. 1903.
Second. That plaintiff was admit
ted to practice law in all courts OF
New Jersey in the year 1897, as an
attorney at law, and that in the year
1901 he was admitted to practice n
all courts of record in New jersey
as a counsellor at law.
Third That from said first date
OF admission. said plaintiff was never
suspended from said practice of law,
nor was he ever disbarred, nor was
he ever confronted with suspension
proceedings nor disbarment proceed
inss until the 18th day of May. A ID.
1903. when on said date last mention
ed. he was suspended from the prac-
tice of said profession for the term
of six months by one of the said de-
PENDANTS (said defendant pretending
to exercise the right thereoD to-wit'
one Ira A. Abbott, judge of the dis
trict court in the county of Bernalll
territory of New Mexico.
Fourth. That one of the said de-
PENDANTS, said Ira Abbott, is an as
sociate justice of the territory of New
Mexico.
Fifth. That said Fred Heynr IN"
other defendant, is a deputy sheriff
for the county of Bernalillo afore-
said.
Sixth. That on the 18th day of
May, A. ID. 1909, said plaintiff was
without the court house of said coun-
ty in the town Of old town, Albuquer-
que, " M and without the presence
of the court over which said Abbott
was presiding, when without cause
or provocation, without warrant or
order from any court said plaintih
was arrested and incarcerated by said
other defendant said Fred Heyn, for
the space Of several hours, ,to-wit:
from $3.50 O'Clock on the 1th day Of
May. to 10 O'Clock on the 18th day of
May. and no commitment or other
writing accompanying said incarcera-
ton.
seventh. That said Heyn refused 10
-~~~~~-~-~~~~~-~-~- -~-~-~~~-~-~-~-~~-~~----