Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1900-07-02
Finds Evans & Rogers Did Not Re-
gard Contract as UnprofessIona5
OR AGAINST PUBLIC POLICY
n,,hsYment Proceedings InsIigated 10
Force the Attorneys to Pay Money
Matter Not Yet Terminated

eroo,oi Master D. II. Twomey ap-
nolnted BY the Supreme court 10 'ahe
Evidence in the matter Of Attorneys
pavd Evans and Lindsay r. Rogers
accused OF champerty, filed bis report
and findings today, together win INC
,ranscribed testimony, unusually VOL
luminous, presented at the hearing
Iudge Twomey finds from the eVl-
dsncs that at the time the alleged
champertous contract was entered ih'o
hs,ween Messrs. Evans and Rogers ana
Tbo,nas Nelson, the parties TO the
agreement did not regard 1t "unproieS-
.ionol ar contrary 10 public policy, or
s,onnoraln THE special master tuitheI
aaSs that the disbarment proceedings
'Sars Instituted by Thomas Nelson "ho
evnected ne would be able to force tue
attorneys 10 pay hun the MONEY he
ne claimed was due MN ui'u''
contract. ,o,,ors Eve
pages Of typewriter matter, m 800
that on and prior. 20 Jahualg y, 90 @o
Messrs. Evans and Rogers WEI 90
partners In the practice OF lem ~ VS
den. on January q. lssl, Nnai ~, ,he
Nelson was killed while tIaNei'ns s W - w.
Southern Pacific railway, NJ lru i'i't.,
California The dead man leit SUI W.
ing him q wife, Nellie Nelson ~
children. He also left Two Dtotlsin'
fred n. and Thomas Nelsoii the - -
ter a practiclng attorney OF osusn
ing q partner in business WIN ills
ceased brother at the time OF ms 49,
The widow placed her claim dor ua ~
ayes against the Southern faeine ll W ~
hands Of her brother-in-la", AiIieu To- to-
Nelson. at the same time BlIlhs mi
authority 10 employ additional cUu ~,
10 prosecute the action, Attorney WI
son employed Evans and rogers Wv
understanding being that the latte'
should receive a contingent lee Oh Vne'
half of the amount recovered a coi-
tract was entered into between the Iel
ties. the terms OF which provided tnai
Evans and Rogers We're TO receive an nv
retain two-thirds OF the one-ha Oh tus
amount recovered against the rallIVau
people, Nelson 10 receive the oliio,
third for his services when lhcluuSu
the production OF witnesses TOT ana ~.
behalf of the plaintiff. Later Alireu ~;
Nelson was appointed administrators ol
his deceased brothers estate, ana AZ
other contract. dated December 2 1870
was drawn up and substituted LOT thS
prior one. This second contract poguu
evans and Rogers 10 give Thomas MI
son one-third Of one-halt or any
amounts which may be coliecleui
whether on compromise or 0therWiAe, ~
confederation Of Thomas Nelson iur-
nlshing witnesses necessary TO prose,
eote the case Most Of the witnesses and
the facts they were IN possession OF
were known 10 the attorneys
Thomas Nelson attended the trial ahu
also procured the attendance OF Two
others. In the persons OF PASCAL ana
Sanders.
Judgment was recovered against the
Southern Pacific for $4,000, with ac-
crued interest, which was paid over lu
Evans and Rogers who gave the WIDOW
one-half and retained the other them
selves. Thomas Nelson demanded ms
one-thIrd OF the One-half, which the
attorneys refused 10 pay on the ground
that Nelson had not performed his part
OF the contract Nelson then employed
Attorney p. l.. Williams, who was the
attorney for the Southern Pacific when
the damage suit was prosecuted, and II
resulted In the fling OF suit by VIII
Hams. IN Nelson's behalf, against Evans
and Rogers for the recovery on th'
contract. A general demurrer TO me
complaint was filed and sustained 10y
the lower court on an agreed supula'
ton The master makes no recon-
mendation.
Judge Twomey's report and finding.
will be submitted 70 the Supreme court
10 O'clock Thursday morning, at which
time arguments both Tor and against
the adoption OF the same will be made
by the attorneys Of the respective par
ties.