Appeal from the Circuit Court of Cook County; the Hon.
NICHOLAS BUA, Judge, presiding. Order affirmed.
MR. JUSTICE SCHWARTZ DELIVERED THE OPINION OF THE COURT.
Plaintiff appeals from an order dismissing his complaint in libel based on two articles printed in defendant's newspaper on March 25th and March 26, 1964. He contends that the matters related in the articles are libelous per se and that no privilege exists with respect to their publication. The articles follow.
Article of March 25, 1964.
"$40,000 SWINDLE PROBED BY JURY.
"A rapidly-moving confidence game that allegedly netted two men $40,000 to $100,000 is under grand jury investigation.
"Fifty complainants have told the state's attorney's office that Allan Solomon, 44; and Jack Kamsler, 51, bilked them by setting up phony companies, buying merchandise on credit, selling out at rock-bottom prices, and then moving on and leaving unpaid bills.
"Four complainants have been subpenaed to testify before the grand jury Wednesday.
"Solomon and Kamsler operated the swindle in transactions with steel, clothing, household goods, hardware, and other commodities, according to the complaints.
"Assistant State's Atty. Clyde Bofles presented six witnesses to the grand jury Tuesday. They included two truck drivers who made deliveries.
"Solomon is free on $17,000 bond, and Kamsler on $10,000 bond on charges of theft by deception.
"The state's attorney's office said neither man has a known permanent address."
Article of March 26, 1964.
"More Indictments on Fraud Charge.
"The county grand jury Thursday reportedly voted to indict Allan Solomon, 44, and Jack Kamsler, 51, on 11 counts of confidence game and theft by deception for allegedly obtaining ...