The Bismarck Tribune Newspaper, October 29, 1932, Page 2

| t THE BISMARCK TRIBUNE, SATURDAY, OCTOBER 29, 1932 idow Sues Langer for $2,000 in Prison Deal . Declares Attorney Failed to Earn Big © Fee Which WasPaid Wants Money Back After Three Year Wait For Action to Get! : Son Out of State Prison; Story Is One of Heartbreak Following Success | | Plaintiff and Silent Witnesses in Strange Suit Against Attorne | AFFIDAVIT GIVES BARE FACTS OF UNUSUAL STORY, - Loss of Money Fills to Brim Woman's Cup of Sorrow Caused By, Imprisonment of Son and Death of Husband; | ‘Friendly’ Agency Participated in Deal | . i (By a Tribune Staff Man) | Minot, N. D., Oct. 29.—Suit for the recovery of $2,000 with | to have been paid to William Langer, Bis- ffort to obtain the release of her son, Floyd, from | y s begun in Ward county district court) Johnson, Donnybrook widow. Johnson said she paid the money to In her comple ~ Langer in two checks for $1,000 each following representations | . < th 1 procure the re of her son from the peniten-; i tiary serving a life term for murder. | ¥ r t alleges that Langer represented to the widow that he had influence with the state pardon board and { the legislature which would win the release of her son and that he caused Dell Patterson, former senator from Renville county and now a deputy United States marshal, to solicit the plaintiff to employ Langer. It furth t Langer inquired of Floyd Johnson about the ther, who died in 1929, and learned! } that the estate contained an insurance policy or policies total- ing $5,000 and that Patterson introduced her to Langer in Minot. a At this meeting, it is set forth, Langer told her of the law | } governing the pardon or parole of life prisoners and said it: y was unfortunate that he had not been employed sooner. Langer, | ‘ the complaint a vanted $5,000 for his services but M » | a Johnson was unwilling to give him that amount and the dis-| by her signing two cheeks for $1,000 each and a| 5 aiabotmineran the penite! ASSERT WIDOW LACKED BUSINESS EXPERIENCE The complaint further asserts that. Mrs. Johnson was a ST {ENT OF ESTHER JOHNSON, WITH RE- FERENCE TO HER DEALINGS WITH WILLIAM cae Ce Peet eee ee eer LANGER, MADE TO B. H. BRADFORD, FOR THE PURPOSE OF OBTAINING LEGAL ADVICE. My name is Esther Johnson and I am the mother of Floyd Johnson, who was on or about the month of November, 1927, convicted of the crime of murder in the first degree and sentenced to the penitentiary in Bismarck for life thereon. I am also the mother of Archie hereinafter re- ferred to and my deceased husband’s name was Fred Johnson. My husband died on the 5th of September, 1929. Before my husband's death. he had talked with one Dell Patterson, concerning the effort to obtain Floyd’s release from the penitentiary and my under- standing is that Patterson had advised him to employ William Langer, but my husband concluded that it was useless to employ anyone at that time for that purpose. On October 18, 1929, about six weeks after my husband’s death, Dell Patterson came to my home in Donnybrook and told me that William Langer was in Minot and that if I wanted to see him, I could prob- ably de so. I had never talked with Patterson about the employment of Langer before that time, nor had I talked with Patterson about an endeavor to obtain the release of my son, Floyd. On October 18th, I came to Minot as suggested by Patterson and went to the Grand Hotel and was there introduced to William Langer by Patterson. Thereupon. my son and myself went to a room with Langer and talked this matter over. He told me that it was unfortunate that he had not been employed to start something the first year Floyd was in the penitentiary as that would have hurried matters up. He also told me that there was a provision of law, whereby Floyd's sentence could not be shortened or changed until the expiration of one-half of his life expectancy and that in order to obtain his release. this section of the law would have to be overcome or changed. He told me he thought he could obtain my son, Floyd’s release, but that it would take a lot of money and there were others he would have to enlist in the matter. He asked me what I could pay him and I told This money which I paid to Langer, was the pro- ceeds of an insurance policy received by me upon my husband’s death. I did not hear anything further from Langer and in the summer of 1930, I went to see him in his of- fice in Bismarck. He did not tell me at that time that he had taken any steps towards procuring the release of my son, Floyd. I asked him for a copy of the con- tract and he told me it was mislaid, but that he would send me one, but he has not done so and I have never heard from him since in any manner, and so far as I know, the has done absolutely nothing toward the re- lease of my son, Floyd. A I am a widow and have one child dependent up- on me for support and living with me. I have no in- come except from my farm, | * I hereby certify that the above is a true and cor- rect statement of my dealings with William Langer. ESTHER JOHNSON. Subscribed and sworn to before me, E. I. Brad- ford, a Notary Public, this 7th Say of July, 1932. E. I. BRADFO! (Seal) Notary Public, Ward Co., My commission expires April 16, 1934. Dak. 2,000 additional upon release of the boy from| ‘edb sa ri Pictured above at the top are the two checks paid by Mrs. Esther Johnson, Donnybrook widow, to William Langer, Bismarck attorney, in connection with the strange deal which Friday caused the widow to sue Langer for the recovery of $2,000. Beneath the face of each check is the reverse side, widow with no business experience and that Langer was an} ' “experienced and successful” lawyer. The allegation is made | that he played upon her motherly instincts*and distress in con-| ‘ nection with the deal. \ The complaint alleges that Langer “failed and neglected” to perform under the contract and that, on July 8, 1932, Mrs.| Johnson notified him that she elected to rescind the contract ! and asked for her money back, but that Langer failed to return | the money. | The complaint asserts that the contract is one against pub- lic policy and is therefore void, and that the defendant ob- tained it from the plaintiff by “fraud, deceit and undue in- fluence.” » Damages are asked by the plaintiff in the amount of. the | $2,000 alleged to have already been paid, with interest, and | further damages to the extent that it would be necessary for i the plaintiff to defend against an attempt to collect under the | contract for the remaining $2,000 if such suit were instituted. It also asks that the contract for the payment of the addi- | tional $2,000 be canceled and rescinded. | The court is asked to ascertain if any services were ren- | dered by Langer in behalf of the plaintiff and if so their rea- | sonable value, such sum to be deducted from the $2,000 already | paid and the balance returned to the widow. | STORY IS ONE OF TRAGEDY—HEARTACHE The story behind the suit is one of success on a North Da-| \| in farm, of tragedy, a mother’s heartache and what came} || of it. ; ! It may begin at Stockholm, Wis., in'1902 when young Fred j, Johnson, his wife and two children began their journey to a | homestead in Ward county, North Dakota, but the circle of events which produced the strange facts set forth in this story | prison, condemned to spnd his life there for slaying a fellow human being. | But Fred Johnson, shocked and dismayed though he had been, knew | that justice must be served and so, when representations first were made to | him that his son could be released from prison if the proper persons were employed, he rejected the offer. The first suggestion, made by a man long Prominent in the affairs of the. state, was opposed on the ground that it 1 was too early to lay such plans. | THRIFT AND INDUSTRY HAD WON COMPETENCE i For Fred Johnson had more than his share of intelligence. His hon- testy, thrift and industry had won for him a competence. In the years from 1902 to 1927 he had acquired more than 1,000 acres of rich North Dakota land. From the harvests which it had yielded to him he had built a beautiful farm \ and, feeling that he could afford to do so, he had retired from the | farm and purchased @ store in the neighboring village of Donnybrook. He was @ solid and respected citizen of the community. The business judgment | which had made him successful told him it would be a waste of money to | His widow's affidavit tells the stark story of what happened after hi {death. Within six weeks after Fred Johnson had been buried, the same |{ friendly offer of assistance came. Mrs. Johnson was informed that the all- || and that she could see him if she wished to dc ‘Unused to handling the business of the fami. and her mother’s heart | torn by the dual griefs of her son's tragedy and her husband’s death, Mrs. | Johnson consented to see the man who could relieve her of at least a part |, 0f her burden. She went to Minot and there, in the Grand Hotel, she was || introduced to William Langer, Bistnarck attorney. { Accompanied by her son, Archie, she went with him to a hotel room her breast with hope. i} | ordinary course of events. | legislature changing the provisions of the law. and sentence, The friendly offers of ‘assistance—at a price—were rejected. | and there listened to what, at the time, was an inspiring story. It filled| showing Langer’s indorsement and those of the banks ! through which the checks passed. Mrs. Johnson asserts and the checks indicate that all of the writing except | her signature on the face of the checks was done by | ‘At the left below is a picture of Mrs. Johnson, mother of eight children, six of whom still are living. sentenced to life imprisonment until he has served one-half of his life ex- pectancy as given in the mortality tables established by vital statistics. Since the average expectancy is about 58 years and her son was 20 when he entered the prison, it would be 19 years before he would be eligible for release in the But, Mrs. Johnson says she was told, the law could be changed. Through the work and influence of her attorney, provided she employed William Langer for the purpose, and the efforts of her long-time acquaint- ance, Dell Patterson, state senator from Renville county who had introduced her to the noted attorney, a bill could be introduced and passed by the What else was said to her Mrs. Johnson does not clearly remember. ‘The conversation was rapid and Langer did most of the talking. She did the listening. : Having convjnced her that he could-aid in obtaining the release of her son, the talk turned to money, Mrs. Johnson relates, HAD GIVEN NO THOUGHT TO MONEY She had given no thought to that angle of the proposal, she asserts. The thing which had caused her to go to Minot to see the famous lawyer was. grief at the plight of her son. She had given no thought to what it might cost. And so, when the subject of money was mentioned, it took her unawares. But she did have money, for her husband had been a provident man. In addition to his land, his store and the little home which he had purchased im Donnybrook, he had carried life insurance of which his widow was the beneficiary. This was commonly known in Donnybrook. Apparently it was known to Langer for he seemed familiar with the fact, Mrs. Johnson recalls. And so, according to her recollection, William Langer wrote something on @ paper and she signed it. She does not clearly recall all of its terms and conditions but her memory is that it obligated her to pay $4,000 upon the release of her son from prison. So far as she remembers, the time of the release was not specified. Also, she recalls she was told, there must be something paid on ac- count as it would be necessary to interest many persons in the effort to obtain her son’s reelase. The job would cost money. It was worth more than she was being charged, she remembers being told, and there was the further declaration by Langer that she would, of course, pay more upon the release of her son if she were able to do so. Her mother’s love pitted against an imperfect knowledge of business affairs, there could be only one answer. endorsed by William Langer. They are the silent sentinels which bear witness to the arrangement. Mrs. Johnson heard nothing further from the attorney whom she had employed and in June of 1930 she visited him in his office at Bismarck, haying come here primarily to visit her son. ‘The conversation was unsatisfactory. She asked for a copy of the contract which she had signed but was told it had been mislaid. She re- turned, home wondering if she had done the right thing after all, for members of her family had begun to doubt that she was getting proper return for her money. Money was unimportant beside the release of her son but she felt she was entitled to either her son or the money. Records of the state pasion: boars. disclose that no effort to obtain Floyd Johnson's release has been through that agency. No application for pardon or parole has been filed, but then, of course, it was not intended to accomplish this release without changing the law and thereby giving the pardon board authority to act. "_ Presumably, under the plan outlined when the money was paid, a bill to change the law would have. been introduced at the 1931 session of the legislature, but none was offered so far as the legislative records show. The reason, as oltlined to members of the Johnson family and their friends by unnamed persons, was the tremendous interest in the famous Bannon murder case, which reached its height while the legislature of 1931 was in session. That crime, one of the most gruesome in the history of the Northwest, resulted in the lynching of Charles Bannon and the life impris- onment of his father, James Bannon. The situation made it unwise to attempt a change in the law which governs the release of life prisoners, it was explained. Some consideration also had been given, they were informed, to &/ In the center below is a picture of the handsome farm home which the industry of Fred Johnson, deceased husband of the plaintiff, built on the homestead in Ward county. . ‘At the right is an artist’s portrayal of the scene in a Minot hotel-room in which Mrs. Johnson signed the checks whose value she now seeks to recover. ‘This, however, has not been the practice in such cases. For no plea of insanity was made at the time Floyd Johnson confessed the murder of Rudolph Pebelka and a period of insanity, real or feigned, would not win his release in the ordinary course of events. Upon being cured of insan- ity it has been the custom, in such cases, to recommit the person affected to the penitentiary to resume serving sentence there. BOY NOW RATED AS PRISON ‘TRUSTY’ Meanwhile Floyd Johnson continues as a “trusty” at the prison, A mild and inoffensive looking youth, he appears as far removed from the crime of murder as one could well imagine. Slight in build and almost girlish in appearance, he is well-mannered and soft-spoken. The story of his tragedy of one of bad companions, a desire to see the world, and a love for the bright things of life. After his parents left the farm and began operation of the store in Donnybrook, Floyd went to Minot and obtained a job in a garage. The Ward county seat_was a metropolis to the boy from the little town and he entered, as much as his time and means permitted him, into the so-called gay life of that city. ‘There he met women who were much more sophisticated and worldly- wise than the women and girls he had known in his home community. Also, according to those who investigated the crime which he confessed, he learned the use of “dope” and it is the common belief that he was under the influence of a drug when the murder was committed. ‘Then he was Jaid off and had no work. He needed money. The city. and his associations there had left an imprigt upon him and he did not de- site to return home. To have done so would have meant confession to his Parents of his participation in the “fast” life of the city. But honest, big-hearted Fred Johnson and his modest, retiring wife worried about their youngest son. They felt that all was not well with him and 80, on the afternoon of the night on which the murder was committed, they drove to Minot with the intention of bringing him home. They searched the city as best they knew but found no trace of their son and so they returned home without him. That night the crime was committed. A day later their son was accused and after a brief period he confessed, showing the authorities just how the deed was done and telling where the hammer, which had played a part in the murder, could be found. It was located in the ashes of a furnace, just as he said it would be. MISSED MEETING MAY HAVE BEEN MURDER MARGIN In cases where the most faithful representation was given, the lawyer the judge who sentenced his client and the state's attorney prosecuted him, a recommendation that he be freed. These, ordinarily, demanded by the pardon board as a pre-requisite to the extension of attorneys also would appear before the pardon board on it. however, according to those familiar with the practices of the past, attorneys did little more than collect the money. They filed the necessary application to the pardon board but the prisoner pleaded his oR case. Net when the prisoner left the prison he was met at the gate by the attorney who claimed to have obtained his release. The collec- tions ranged from $20 to $100, depending upon the amount the had available. In almost every case the money was taken from the earnings of the prisoner during his stay in the penitentiary, since they are with 25 cents a day for their labor while in prison. FFICIALS PUT FOOT DOWN ON PRACTICE The practice, however, interfered with the aims of the penitentiary management in that it prevented many prisoners from going into the world with the “nest egg” for which provision is made by law and which is con- sidered necessary in order to permit the ex-convict to establish himself in the world. If turned out penniless, the chances are much stronger that the prisoner will return to serve anew sentence than if he has money to establish himself. In some cases lawyers obtained a substantial portion of the “nest egg” for their fee. Because of that fact a new rule nas been placed in operation at the penitentiary. Lawyers are no longer permitted to solicit clients among the They are not permitted to see prisoners for that purposé unless the prisoner has sent for them. é e5% Bee E perce proposal to have Floyd Johnson declared insane and sent to the state hospital for the insane at Jamestown for treatment. Subsequenly, so the story goes, | { i The law, it was explained, prontbits the pardon or parole of a man i Probably would be declared sane and released. Lawyers engaged in this practice are said to have been bitterly re- sentful, but the rule has held. ‘The result, according to a responsible official in position to know, has | been to save the prisoners from $3,000 to $5,000 a year. "i ry e . The fountain pen of the famous attorney was called into play. Two By the margin of a missed meeting with his parents, apparently, did % | him I did not know and then he told me that he would most properly begins with the night in the fall of 1927 when| checks were written by it, everything but the signature being Tiles, rf ‘by the | fate permit Floyd Johnson to become a murderer. take $2,000.00 cash and $2,000.00 on the release of | Young Floyd Johnson, youngest son of Fred and Esther John-| attorney. The checks were pushed across the little table to Mrs. Johnson. In addition to her son, Floyd, Mrs. Johnson has five other living chil- my son, Floyd. I told him I thought that was too || $00, killed his friend, Rudolph Pebelka, ina garage at Minot. | The fountain pen was placed in her hand. She was shown where to| dren. ‘They are Clarence Johngon, who ives at Avondale, Mont, Bs. Eth me : { "y : ‘ si a 5 5 s much and he said he ought to have more. Then he For a brief time the slaying was a mystery but soon the ‘The checks called for the payment at her bank in Donnybrook of $1,000| place; Emrold, who continues to operate the store at Donnybrook; Archie, wrote out two checks—one for $1,000.00 dated Octo- suthori ies. brought young Johnson under suspicion. He was|each. One was dated October 18, 1929. The other was dated December | who ae plies in Demin yng: and pan, ving fea ner Hagiher. As home. 8, 1929, and o1 $1,000. . || accused and confessed the crime. In November s 1, 1929. ugh Fred J Wes considero ewe when he died, Bee 1B 192 » ne for $1,000.00 dated December 1 Y 7 lad j d iy d 20 v ‘ ern Sn Larne same ‘The checks and the other paper which she had signed were pocketed | the broad acres of the Johnson family have not yielded well during the last 1929, and I signed these checks and they were after- || year, a young lad just turned 20 years, he was sentenced to life! ., we ntwsrney, he was told hat a Cony Go ee Can See ese | ibe broad sores of the Jobnecn, Memntly [ave mot yielded well during the lass wards paid through the bank. He made up a contract | imprisonment in the state penitentiary, ._|her. And so she left Minot, $2,000 poorer but happy in the belief that she|downward, The money paid for the release of her son would come in handy to cover the other payment of $2,000.00 and I signed \ What happened subsequently is tersely set forth in an affidavit by the| had started in motion the machinery which would swing wide the gates of | now if the widow had it, for it has been difficult to meet the taxes, Some that. I read the contract over at the time, but I do || boy's mother which is reproduced on this page, but it is not the whole story.|the penitentiary for her son, Floyd. A burden had been lifted from her|of them are unpaid for the current year. not remember what was in it and he did not giv. || It makes no mention of anything except the barest facts. It tells nothing] shoulders and she looked toward the future with confidence and hope. Investigation of the strange case of the wicowed Esther Johnson brings ry le did not give me |) 0f the heartache, the misery, the tears, the sleepless nights and saddened Her son, Archie, was present at the conversation with the attorney | into view as a sidelight, the history of pardon matters in North Dakots. a copy of it. ; days which this unhappy mother endured. It mentions without emotion the | put apparently took no part in it and has only an imperfect recollection of Time was when the business of representing men seeking pardon or He told me also at that time, that he had tall serious impairment of the modest fortune which Fred Johnson had built up lace. cdntributed heavily to the cofférs of Bismarck lawyers. Prison offi- rv. a A a | what took plac parole wy with my son, Floyd, and that Floyd had told him | »Y barge of me ae male: dae cia fy rahi ei CHECKS ARE EVIDENCE OF MONEY PAYMENT a adeitd tak & sma comin Deane ie eee aamver eS oan a ii ji in September ot 'red Johnson , filling to tl cu) ames ould » vat BE: Shonght that his father had set aside some {| or sorrow Mileh thie Noll to Coe Bee oe ee eee Cam The checks, however, which are zeproduced on this page, give mute | the prison, they would seek an interview with the prisoner in question and money to be used in the procurement of his release. || was the mother of his eight children, six of whom still are living. His last tem or he baat im Donnybrook and was paid. “Tie other was presented | tHe sual upshot was that they were retained to represent the man before Sg at vepienabes whether he said this money was to | days were saddened by the knowledge that his youngest son was in the state| onq mala shortly after December 1, 1929, the date it bore. Both were| ‘he pardon board : paid to Langer or not. if