The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1932-11-29
ANSWER TO ACTION
FILED BY WIDOW IS
OFFEREDBY LANCER
Attorney Says $1,000 Paid to
Him Was in Nature of a
Retainer Fee
WANTS SUIT DISMISSED
Many Accusations Of Denny.
brook Woman Denied; Claims
Much Work Done


Minot, N. D., Nov. 29.-A request
that the complaint Of Mrs. Esther
johnson Of Donnybrook, who brought
suit against him to recover $4,000 and
for cancellation of two promissory
notes for an additional $4,000, be
dismissed, is contained in a formal
answer by Attorney William LANCER
governor ELECT of North Dakota, pre-
pared by his counsel and served up.
on the plaintiffs attorneys.
The attorneys in the case, B. H
Bradford, Minot, for the plaintiff, and
Sinkler and Brekke, Minot, for the
defendant, recently stipulated that
the case should be transferred from
Ward to Burleigh county for trial.
Mrs. johnson charges that in Oc.
tober, 1929, she paid LANCER $4,000
to work for the release of her son
Floyd, serving life term in prison
and gave him two $1,000 notes, to be
paid when and if the son is released
LANCER, in his answer. denying
many OF the accusations made by the
plaintiff, declares that he stated tc
Mrs. Johnson 1T was not possible tc
secure communication of sentence un-
der present conditions unless the law
was changed by the legislature, and
that If the law was not changed, that
this defendant was satisfied that the
law providing that Floyd Johnson
serve one-half of his life expectancy
was unconstitutional, and that in his
judgment the supreme court Of North
Dakota would so hold"
LANCER also says in his answer that
he stated to Mrs. johnson ut was
unfortunate that she did not come te
him shortly after Floyd Johnson
pleaded guilty because said defend
ant was convinced then, as he is
now, that If the statements of the
plaintiff and Of Dell Paterson were
true, that the said Floyd Johnson
ought not to have pleaded guilty to
the crime of murder in the first de-
gree for which he received life i'm
prisonment, but murder or man
slaughter III lesser degree for which
he would not have received a sentence
of life Imprisonment"
The $4,000 received, called by Lang
er a retainer fee, and the additional
$4,000 in notes, are defended in the
answer because of the nature of the
work involved, the Importance of the
work, the responsibility imposed and
the skill and experience called for in
the performance of the services, and
the length of time it would take to
accomplish what the defendant had
been retained to do"
LANCER asserts in his answer, that
he told the plaintiff, "in the presence
of her son. Archie, and their neigh
Dor, Dell Patterson, that the matter
would be of long duration and would
require vast amount of time and
effort and that the outcome would
at best be problematical."
Further, LANCER answers, he "has
at all times since bis retainer in the
said matter used his utmost endeavor
In every way to further the interests
of his client and that many days have
been put in by the defendant working
on said case in an effort to ultimately
obtain the release of Floyd Johnson. /"
The answer concluded with a denial
that the contract was unconscion-
able, against public policy and void,
or that the same was procured by this
defendant thru fraud, deceit, and UNI
due influence, and specifically denies
that the plaintiff had been damaged
in the sum of $4,000 or any other
sum whatsoever"