Show FILES HIS fiNDINGS Special Master Twomeys Report i HIS VIEW OF NELSON MOTIVE o I t i The Parties to the Alleged CbamI pertous Contract the Master Finds Did Not at the Time Begard it as 1 t Unprofessional Nelson Brought I 4 Disbarment Proceedings to Enforce J L i PaymentCity Moves for a New i 1 Trial in the CulmerJeunings Paying I i Pay-Ing Case jf f j I I D H Twomey who was appointed to I take testimony In the matter the charge of champerty made In the Su pi emu court by Attorney P L Williams I Wil-liams and Thomas Nolsdh against Attorneys At-torneys L E Rogers and David Evans yesterday filed in the npreme court I a transcript of the testimony taken at the hearing and his findings of fact without recommendation The testimony testi-mony Is voluminous covering about ItO The pages of typewritten matter findings of fact cover about five typewritten type-written pases Both will come before the Supreme court for Its action thereon there-on next Thursday The special master finds that Charles A Nelson was killed on the Southern Pacific railway at Tru kee that his widow placed In the hands of A II Nelson practicing attorney in Ogdtn a suit for damages against the Southern South-ern Pacific company A H Nelson afterwards employed Evans Rogers to prosecute the action which firm agreed to do so for a contingent fee of half of whatever amount might be re covprod and at the same lime Evans s Rogers and A H Nelson entered Into R contract by which Evans Rogers w Me la receive twothirds of the half of whatever amount might be recovered and A H Nelson was to receive one third of the half In consideration of his procuring witnesses necessary for the plaintiff in the prosecution of the case A H Nelson was afterward appointed administrator of the estate of the deceased de-ceased and In his name the suit was brought After A H Nelson was appointed ap-pointed administrator the master finds that in place of the contract made with him by Evans Rogers whereby he vas to receive onethird of the half of nvliat ever might be recovered a similar contract was made by Evans Rogers jwlth Thomas Nelson who was to fur oilsh the witnesses The master then finds that Thomas Nelson attended the trial as a witness himself and procured the attendance of two other witnesses Pascoll and Sanders The sum of 10000 was recovered and Evans Rogers refused re-fused to pay Thomas Nelson the one third of the half of that amount 1 Thomas Nelson then employed Attorney Attor-ney P L Williams to bring suit against Evans PuDgers for the i ceo very of the onethird and Evans Rogers employed em-ployed Attorney A G Home to defend the acton Home filed a general dp murrer to the complaint which was sustained Before an appeal was taken from the ruling on the demurrer Rogers proposed to Williams plaintiffs attorney attor-ney that the demurrer be vacated and that the defendants file an Jtnswci on the merits of the case Rogers illed a signed stipulation to that effect with VJfa and Evans intimated his desire de-sire to unite In the stipulation In conclusion the master finds that at the time the contract between Evans Rogers and Thomas Nelson was entered en-tered into the parties thereto did not regard It unprofessional or contrary to public policy or Immoral and that the disbarment proceedings were Instituted by Thomas Nelson In the hopq that he by so doing would force Evans Rogers Rog-ers to pay him the money which he claims to be due him under the contract con-tract I Citys Motion for New Trial City Attorney Stephens yesterday filed on behalf of the city a motion for a new trial In the case of the Culmer Jennings Paving Company vs Salt Lake City In which Judgment and verdict ver-dict for the plaintiff for 3651 was entered en-tered a few days ago I Mon Jury Cases Set Judge Cherry yesterday made a setting set-ting of nine nonjury cases to rtrIal from September 17th to Septemberl26thr both inclusive J 7 District Court Orders I Orders were yesterday made In the District court as follows I O Schmidt vs Rio Grande Western Railway company motion to dismiss overruled John L Lawson vs Mar Senter Walker et al motion for a ncv trial stricken from the calendar Uzzc R Margctls et alp sFE Mc Gurrln et al demurrer stricken from the calendar Emma McGinnis vs DN Swan demurrer de-murrer stricken from the calendar L IT Dunning ys W F Snuth et alI al-I motion to strike out part cf answer I stricken from the calendar J SSullivan ft at vs W F Lucas c al motion for cont mpc stricken from the calendar American Zinc and Lead Smelting 4 company vs 2L J OMcara motion for now trial argued and moton < I C R Walter vs Hlrair S Despain et al decree entered reforming deed H TJ Drlvpr et aL vsUnion Light and Power company lea c given to rc opon case and ten days gven to amend complaint |