Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1909-05-26

Des Moines, Nay 26.-Incarceration
in the state ~penitentiary under al
eieven-year sentence may yet prove a
blessing rather than a curse to c. ~.
Owen, convicted in Polk county of OBJ
tanning money falsely and of perjury.
ems eyestght VA, failing. At the tine
cf his incarceration he could hardly
SEQ ten feet ahead of him. Now his
eyesight is about gone. DR.. Dean Of
Iowa City, specialist for the state who
visits all the penal institutions. be-
lieves the eyesight Of Owen can be
saved by proper treatment. According
~ the state board of parole will ask
Governor B. F. Carroll to suspend
judgment in Owens case so that he
may be removed to Iowa City to be
there treated at the hospital under DR..
Dean. It IS suggested as hardly prob
able that Owen would try to escape as
70 do so would mean to lose his eye
sight, while If he remained he might
be cured and thus able to see when he
o mpletes his term. Under the law the
time spent in the treatment of his eyes
could not be counted as time spent on
mis- term but it is said Owen is willing
to forego this if his sight may be
saved.
Owen was convicted in Des Moines
in 1906, and sentenced six years for
obtaining money under false pretenses
and five years for perjury. At the time
- l;c ,or1;o+;o- ~ .nioir,oJ ~ M n
teamster contractor and had been a
walking delegate for the teamsters'
union. The question If suspension of
sentence while his eyes are treated has
beer taken up with Governor Carroll
by Chairman William Berry of the
board of parole and it is thought prob
ably the man will be given scientific
treatment at Iowa City by DR.. Dean.
An interesting recollection in con-
|nection with Owens trial here is the
fact that while he was in the county
jail awaiting trial he claimed to have
seen Griswold, who was supposed to
have been drowned in the river. the
night Of his disappearance near the
Union depot. a Block away. At nat
time his eyesight was so poor he could
not hold his coffee cup under the
spout Of the coffee pot when the jail
er passed around the rations. His
claim was never taken seriously tho it
caused some excitement at the time as
many thought Griswold was
murdered and that the body was a
substitute.
An interesting question that will
probably be discussed at the next
meeting of the State Bar Association
by the lawyers of Iowa is how to
abolish the Contingent fee" evil. It is
complained from many quarters that
the profession is being brought into
disrepute by a class of men who are
called ambulance chasers." This
means the man who when he hears of
an accident establishes communication
With the injured person and offers to
take his case against the corporation
where he was injured on a contingent
fee, or a stipulated percentage of
whatever the judgment may be. 1t is
disclosed by cases in Polk n other
counties that often the injured par
ties do not get more than about fhir-
ty-four per cent of the judgment, the
lawyer getting the remainder. 1t has
been suggested that a law might be
enacted f~orbidding contingent fees.
But such a statute could easily be
evaded by the lawyer taking a note
for a certain sum from his client and
then fling an attorneys lien on the
judgment. One method that is being
. discussed with some favor by the lega
fraternity is to create a law giving
the judge of the court in personal in
jury cases the power to fix the fee fol
the attorney for the plaintiff. In thi:
way it is urged the real Injured party
would be assured of a reasonable
compensation out of the judgment anc
the practice of extorting from client!
. large and outrageous contingent fee!
y would pc at an end.
Another practice that is objection
able to courts and taxpayers may b.
considered. That is the practice o
some second rate lawyers TO lobby jail
and get requests for appointments il
cases where the defendant has n
means 10 hire a lawyer. The state pay
+ these attorneys. Often these lawyer
who can secure no other clientele Wi
appeal unmeritorious cases to he u
preme court and they draw pay fror
the state for perfecting appeals in thes
cases which are quite universally af
frmed. 1t is sought to give the cour
sone power to direct wherein cases c
this nature may be appealed.