Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1900-06-22
Attorney Evans Tells His Side Of
the Widely Discussed Case,
THAT NELSON CONTRACT,
Mr. Evans Denies that it was Cham
pertous why Nelson was Not
Paid the Money.

The hearing IN the disbarment pro-
ceedlngs against David Evans and J., II.
Rogers. on charges prepared by Farley
l.. Williams alleging champerty, was TO
have begun this morning before Judge
Twomey. to whom the case was re-
ferred by the supreme court.
Mr.. Evans. with his attorney Judge
Dey. Mr.. Rogers. with his counsel
Judge Powers. Miss Manchester, the Of
fetal reporter, with Attorney Lee, Of
the attorney generals Office, We're on
hand promptly and then occurred half
an hours wait AT 1880 Judge
Twomey announced that he was ready
to proceed
Attorney Lee, representing the at
tornsy generals office, and Of counsel
for the prosecution. here arose and said.
In view OF the fact that leading cOuu-
sci In this case are unavoidably abb
sent / am compelled 10 move for a
continuance
Judge Twomey remarked that Judge
Howat could not attend at an during
the hearing, as he was compelled by
his duties TO be in court FOR several
days
Attorney Lee then announced that +.
S. Richards was indisposed and unable
60 attend He was therefore at a dis
advantage and taken somewhat by sur
prise
Judge Twomey-I cannot continue
this case any length OF time. ] have TO
leave on July ] and this report must
be in on July @ / would continue II
for a day. but no longer
Attorney Lee here asked what the Is
sue was.
1T arises on your charges answered
Judge Powers, "and IL devolyes on you
10 produce your proof il you have any.
TO sustain them We are entitled in a
case of this kind. % a speedy hearing
and have urged IL from the start We
are compelled % be- present whether
We want 90 or not IL the witnesses
are present Mr. Lee can interrOgate
them just as well as half "a dozen law-
yers could II there are no witnesses,
of course that settles &c.
Judge Twomey finally announced
that DE would take am adjournment UNI
on p. m which would give Mt Lee an
opportunity Co ascertain just what the
situation was.
Attorney Lee was gtill the only repre-
sentative OF the prosecution present this
afternoon, although Farley l.. Williams.
the complainant, occupied q seat inside
the bar. II was decided 90 proceed with
the hearing
David Evans was the first witness.
and In "a few words De- outlined his de-
Tense The complaint is that IN The
trial OF the damage case of Nelson vs.
the Southern Pacific. the attorneys
made champertOus contracts with AL
fred II. Nelson, administrator. and
Thomas Nelson. Mr., Evans saw that
the action was a meritorious one and
long after 81 had been Instituted his
firm provided the widow with means 10
come from California 90 attend the
various trials There was no thought OF
such a thing as champerty. The firm
also advanced money 10 bring in the
witnesses.
II considered this then and consider 10
now 90 be wholly and entirely proper"
said Mr.. Evans under the decisions Of
the courts in this western country. Not
only ala ] consider Sc proper, but a duty.
As 10 the claim OF Thomas Nelson. the
contract made with him 10 pay him one
third OF one-half Of any judgment se-
cured was on condition that he should
bear the expense of getting the Wit
nesscs. which he afterwards failed and
refused 90 DO For that reason he was
not given anything from the judgment"
The hearing Is still on, as the News
goes TO press.