The Birmingham age-herald., 1911-02-12
LETTERS TO THE EDITOR
The Fake Damage Suit

To the editor of The Age Herald
 I have read with much pleasure a number of recent articles published in age suit, the shyster lawyer, and the am- bulance chaser. This gifted writer has pointed out state of facts alleged to exist in Birmingham which the members of the legal fraternity have long been cognizant of, but which has been per mitted to continue for the reason that the most prominent members of the bar have assumed an attitude of hands-off, owing to the unpopularity and odum which frequently attaches to a swould-be re- former. I think. however, that this writer has overestimated the percentage of the members of. the Birmingham bar who make use of the practes referred to when the number is placed at 200 It is my opinion that large majority of the members of the Birmingham bar are above the suspicion of such prac- tices and are as really anxious to elim-
 mate that objectionable number as the average layman. if not more so. The writer referred to has said that there are
 
 dulged in with reference to the damage suit, and while I. as an attorney at this bar, am forced to admit, if current re- port is to be credited, that there is much truth in the recent articles, I wish to refer to another phase of the question and that is the practice of certain pub lie service corporations.
 No reasonable man can condemn the corporal ation for using all honorable means of procuring testimony and making req sonable and fair settlements of personal injury cases. and employing such legal and clerical talent as they desire, but dio the swiftest .shyster in Birmingham ever reach the scene of accident before the claim agent? He procures the names and addresses of every person who saw the accident, while the victim is hurried off to the county hospital where his | wounds are treated by the company phy- | sician. Within a few days each witness is visited by the agent and his statement in writing procured. The witness is 1 asked for a statement and he says he Is willing to state just what he saw, and the agent begins to write. Did you ever see one of these statements written in the handwriting of the witness? After the | statement is written the witness is asked to sign his name and about nine persons out of ten will then sign without taking the precaution to read over the statement was recently in attendance upon court waiting for my case to be called and heard the testimony of young woman, ri iObt Int nd oil
 willing to tell the truth. She was offered as witness for the plaintiff who was sueing a railroad corporation. After her direct examination the railroad attorneys presented her with statement and asked: 'Ts that your signature? to which she replied: Tt is." The staternent was then read to the jury and 1t made out | a complete defense for the corporation, ard was altogether different to what she | had just testified. Most witnesses would have been completely upset upon seeing her name to written statement so dif- ferent to what she had just testified to, but the witness was perfectly composed and stated to the court that the agent called on her for statement which she was willing to give. The agent wrote it out while she related it to him and she then signed it without ever reading it over. She stated to the court that she positively did not make any such state ment to the agent as.was contained in the whitten statement.
 | Again, what about the numerous in- stances in our courts where releases and settlements are set aside because obtain | ed through fraud? I have heard of a number of releases being obtained while the injured was unconscious, and a short | time ago l heard of a poor illiterate ne- gro while lying in the county hospital being visited by the agent. The negro | had some wages due him by the com pany which he wished to draw for the benefit of his family; the agent told him he would draw the wages for him, and prepared a paper for him to sign for this purpose. the paper proved to be a com plete release from all liability. Now Co not understand me to say that think all the persons injured tell the truth about these matters. but the fact remains that many of the releases are set aside by the court on such testimony as con- vinces the court that fraud was prac- | ticed, or that the settlement was totally Inadequate. Take an average working | man unacQuinted with the law, or tho rights given him under the law, his leg