Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1897-01-27
ROGERS EXONERATED
Referee Pratt Files Report Of Find
lnsS In Attorney ROseTS'S Case.
WILL BE HEARD MONDAY.
The Cattle Stealing Case will Likely
Go tn tho Jury this Evsning-
Judge Cherry Very Ill,

Harmed Pratt, who was appointed
on the End Inst special commits.
sioner to take evidence and report
findings of facts and TO make recom'
menuations in the charges made by
Sidney Stevens against Attorney
Lindsay II. Rogers, b9ln OF o sdeni
filed his report with Clerk OF the
Supreme Courl Palmer today.
Tho Supreme Court gave tho attor-
neys Interested in the case an oppor.
tunlly to file briefs and also gave notice
that the case would be- disposed Of
on Monday, Februnty lst.
In his report anu ffnlinys, M. Pratt
says the first charge against Al
torney Rogers for nonproiessional
conduct wac, that on the 27th
OF May, 1896, III the cise Of Sidney
Stevens W. John PIncuck OF al, Rogers
died certain cost bill against Stevens
at the same Time "knOwing the same
to be false and uutruu and for the
purpose and vita the intent to cheat
and defraud.p
81 find," says the referee, "thst
Rogers in verifying an signing said
cost bill he relied upon the iniorma-
ton given 10 him by the clerk oil the
office, A. q. Horn, sc to the correct
ness OF the Items contained therein,
nnu that In so far AZ the sDme con-
tanned the names oil witnesses sul 90 L.
aed by plaintiff as well rs the Otner
items c6mplaiusd OF by informant
herein, the snid IL. II. Rogers acted In
good faith aud unuer the belief that
the order OF the court contemplated
that the same should be included III
the cost bill"
Upon the second charge made by
Stevens ngainst r gers charging him
with having received In his profession,
al cspaclayi moneys on account Of
Stevens which he failed to account for
Mr.. Pratt hnds that Stsvans never
mate demand on Rogers for report
Of moneys received 10y HIM. Contiuu-
ing the referee says that the evidence
ON this question sis 70 obscure and
conflicting" AS TO prevent his making
any filming upon II.
Concluding Mr.. Pratt makes the
following recommendations:
ain making uggestions to the court
as TO the disposition Of these charges,
1 desire to say that l am
firmly Of the BELIEF that theiinformani,
Sidney Stevenp acted in good faith In
making these chnrgea-but under the
mistaken notion that he oJuld hold
MIR. Il gers personally resp psible for
the ecls Of the partnershlp firm OF
Evans e. Rogers In the collection OF
this money.
Il this firm has failed to account to
Mr.. Stevens, his remedy Ia in the
courts against Mr.. Rogera personally.
Ii the firm of Evans 81 Rogers i'm
properly applied $500 to The payment
OF fees, which they claimed
were owing the firm, and
then apple the remaining amount
viz. Sl0l,05 to the payment Of
a creditor OF Mt, Stephens viz. l.. II.
Rogers, Without the consent u Mr..
Stevens, then 1t seems TO me that these
would be acts, for which the firm
could be legally held responsible.
II IL not material nor Is II any par /
OF the duty OF your referee to pass upon
the rightfulnuse Or wrongiulness OF th @
firm of Evans & R'gsrs. speak OF It
simply for the purpose OF giving my
reRsons tor my recommendations to
the court, as contemplated in the order
APPOINTING me referee.
Your referee recommends, that the
chargos fled herein against AIR, IL. Il.
Rogers by informant Sidney Stevens,
be diemissod anu that the informant
be required TO pay the costs and ex.
psDses incurred herein"
This makes the second special hear.
ing OF this case, rad with the same re.
cult In this instance as ut fret.
About two months ago the court ap.
pointed deputy Suprems Court Clerk
w. II, Griffin TO make q report OF the
findings and report to the court. Mr..
Griffith went to OEdon ana took testi-
mony and was ready 10 flo his state.
ment, when Attorney Rhodes repre-.
seDtipg Mr.. Stevens objected, claim ng
Griffith WAS biased. MIR. Gr filth then
asked the court to release hln,, which
was done, and MIR. Pratt appoi At, d
in bis stead.
The Closing Argumenis.l
The uefeuEp in the emilia ataalino