Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1919-04-10
SPECIAL AGENT OF CEDAR
VALLEY TRACTION COMPANY
uPssTs SUIT.
TWO ATTORNEYS AND
TWO DOCTORS INVOLVED
n. N. Murray, Of lnterurban Com.
pany Engineers Smoking Out Pro.
eeedinss Against Pendail ana Nc
caffrey, Cedar Rapids Alleged Am.
buiance Cnasers.r

~ a 10" sun
ever recorded in Linn county came
Yesterday afternoon at the close Of
personal damage suit for 5000
brought presumably by Mrs. A. A.
Duba, Jr., against the w, c. f. & y.
railway.
This was a case where "ambuhuca
chasers" were outwitted; case that
developed the fact that Mrs. Duha was
personified by a different Flaintiff;
where this other pla!ntif vas side
tracked for a substitute; where a Cedar
Rapids physician who examined both
the fictitious plaintiffs swore they
were one and the same person and
went into detail as to the injuries
suffered.
The outcome of the litigation which
was called regularly in the district
court at Marion yesterday before
Judge Moffitt. was that the case was
dismissed without prejudice by plain
tiff's attorneys, Dawley & Jordan, and
where the judge stated it was the
boldest frameup ne had ever witnessed
and would be followed by grand
jury investigation.
Engineered BY Officials.
The smoking OUT of the alleged
ambulance chasers. Oscar D. Pendall
and James E. McCaffery with offices
at 301-302 Masonic temple, Cedar
Rapids, was engineered by Maurice
WEIGH superintendent and Robert NJ.
Murray, special agent OF the Cedar
Valley road.
Feb. 20. 1918. Mrs. Duba, a bride of
a few days who had Just returned from
her honeymoon, was on a loop car that
collided with another car at the park.
Mrs. Duba was thrown over in the seat
and was rendered nervous. An am
bulance was called and she and others
were taken to hospital for examina-
ton. 1t developed that Mrs. Duba was
not badly hurt, merely shaken up and
her clothing disarranged She was in
the hospital only a short time, later
going to her room at the Russell Lam
son. Mr.. Murray settled for the COM
pany on 4 satisfactory basis in Mrs.
Duba's case, but a few days later a
letter came from Pendall, whose letter
head proclaimed: Claims investigated
and adjusted: specialist in personal
injury and property damage claims"
Mrs. Duba told Mr.. Murray about
the letter and he took it in order to do
a little investigating on his own hook.
After conference with Maurice
Welsh. superintendent, and c. D. Cass,
general manager, it was decided to
nibble at the bait.
A Fake Complaint
Written permission was obtained TO
permit Mr.. Murray to personify Mr..
Duba in enacting his role in the per-
sonal injury drama. A young lady
stenosrapher in the office personifed
Mrs. Duba and the trap was laid. But
how far can go with such bold
scheme. Murray asked Of his COM
panions in the frameup. Events later
disclosed he could go the whole length
Of the rope. The claim" investigators
and adjusters" and the lawyers did
not make a single trip 10 Waterloo 50
far as Murray has learned. "One trip
would have cooked our goose" he said
today.
Goes to Examination.
On his way to Cedar Rapids TO learn
who Pendall was. Murray learned that
Mrs. Anna Johnson, a woman weigh
ing upwards Of 200 pounds, had a
claim against the railway, which was
being pressed by McCaftery. Inquiry
disclosed that McCaffery occupied the
same rooms as Pendall and was In the
same line OF business.
AS soon as Murray appeared at the
office Of Pendall and MoCaffery and
announced he was Mr.. Duba the in
vestigators Immediately wanted to
press the case for heavy damages.
They wrote out a contract whereby
they were to take the claim on a con-
tingency basis-35 per cent.
They almost orercame me with
opportunities" said Murray today. Il
returned to Waterloo and within five
days went to Cedar Rapids with
stenographer in the claim department
supposedly Mrs. Duha. In an office
adjoining that Of Pendall was Dr..
Anna Jewell Neal and the investi-
gators asked that the lady be exam
ined there. Mrs. Duba' went in and
was specifically examined by DR..
Neal who reported the girl was suf-
fering from severe nervous shock and
from an injury, Il bruise. in the chest.
"linp a Little Please"
MoC~fIeity toid me tae case was
very bad. that the girl was badly in
jured and should go home and remain
in bed for several weeks. He told me
she should appear trembly and it
would do no harm to limp little. Pen
dali held out hope that l would get a
large sum for the inturies of INV wife
that he would have the railway com
pany Jumping thru a loop, and so on
and on.
The stenographer did not say who
she was. She never said she was Mrs
Duba.
Tried to Settle.
THE care was on and letters were
I5I6ived from the law firm that Rad
been called into the case. A settle
ment was sought by the payment Of a
large sum. hut Pickett, Swisher &
Farwell, general counsel, refused.
Finally suit was brought in the name
Of Mrs Duoa in the district court of
Linn county for $4,000 The trial came
on yesterday. The girl vino first went
to Cedar Rapids for examination as
Mrs. Duba' having been married. I
induced Miss Jessie Mccain. a stenog-
rApher in the claim department, to ac
company me and assume the role left
OF by the other girl.
IT wac tickling business. but had
rot by 50 well. I assumed could go
the whole route and stage the climax
In open court. The other Mrs. Duba'
was slight IN stature and brunette.