Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1902-06-11
Afternoon Session.

fupltl foul huutlloliVi iVNA VI pN''''
es and chairs were pressed into service
and in many eases ladies' were slttini
on each others laps in order to obtair
a place where they could hear and see
-Four minutes after O'Clock Mr
Elchnor resumed his argument He
said. Gentlemen of the jury, we have
shown 10 you that on Dec, 10, MOrten'
sen had $3.50. II he had $500 on Mon
day he had Il at noon on Saturday
Now then. gentlemen, take II for grant
cd that he had the money on Saturday,
Why did he wait until Monday lie
said Saturday he would be able 10 pay
on Monday and then on Monday he
went to Romney's Office at 6 o'clock and
says they can come and get the money.
Look how unbusIness-like His state
ment is transparent, The financial
statement ! read TO you is a fact II
Is not contradicted. Is not disputed, and
from that statement you can reason
ably infer that he did not have the
money. II witnesses count for anything
in a trial of this kind then surely we
have produced the witnesses. He told
Cummock that after paying Hay he had
less than 500 left According to his
statements then he only had $1,000. II
he had less than 800, where did the
Cannon check come ln2 Mr. Stewart
tried to make II appear that they had
Mortensen In sweat box, but Hilton
dashed that all 10 pieces when he said
they had no sweat box. What do they
expect? Are they going to give a man
a room at the Knutsford and have peo-
pie send up their cards and please may
/ have an interview? | have proved ne
did not have the money. once he said
he had II in three Jars, then in two,
then In sack In the cellar. On the
morning after his arrest, Hilton exam
ined the east wall In the basement and
found that the dust was not disturbed.
We proved that there are four window
places there and yet the day he was
arrested the windows had not been put
mThere are three witnesses. Sheets Hill
Con and Loofbourow who swear that
the dust was not disturbed. Now / ask
you gentlemen OF the jury. II you place
q jar with money in IL on ledge, or q
sack with $1,000 In gold. or the gold
loose would there not be some trace In
the dust? Yet the dust was undIsturbed.
These witnesses are corroborated by the
statement Of Peter Mortensen.
II he didn't have the money ne could
not put Il on the wall and consequently
there would be no no mark In the dust.
On December ~, he pointed out where
he said he put the money, and yet the
dust was not disturbed In the least.
Now, then, look at this settee and see
how two men can sit In Il and count
out the gold as he said he and Hay did,
In our younger days the settee an
swered to some good purpose when We
went TO our sweethearts. but as q bust
ness proposition II Is ridiculous.
When Mr.. Stewart introduced the
note OF Joseph Jensen I thSuaht they
were going TO fire a broad side by pro-
duclng a note that WAC not marked
paid. But on the back Of the note APP
pear the endorsements, and then we
have no testimony that this note was
secured by mortgage as the Mortensen
note. Mr.. Jensen told where the shot
was fired and the time.
IL Peter Mortensen paid HAY the
money the inference would be that ne
left the place and walked towards the
Waterloo car line. Why would he
walk IL times as far, when he could
get a car almost at the door OF his
home. How unreasonable that he
would walk so far assuming that ne
had the money. II he was going mn.
town would he not have returned homa
and Informed his wife, who was there
with theirsthree little children 40 that
they would not worry? When he len
he said he would be back in few min.
utes. You may ask me how Peter Nor.
Jensen got Hay down there. This ia
known only to God Hay and the man
who Killed him The same lnducemenf
That got Hay TO Peter Mortensep's
that night got Hay down
there. He made that arrange.
ment, that Hay was TO come thai
night for IT. How he aid Il and how he
got that young man down there don't
know. Hays weight was about ia
pounds, and Il would be easy for a
strong young man to lift him over the
.ence. But care not whether he Sas
thrown over or a staple pulled and
Ms body pushed through.
Now the grave. Why was James p.
Hay buried? Mr.. Stewart would saw
he was held up and robbed. Held IN
md robbed nothing II footpad kills
lnyone he would get away as soon n .
possible. He would take the money and
bury Il. He could bury the money a
thousand times while burying the bodv
The man who dug that grave was abso.
utely familiar with the SURROUNDINGS.
There is no question as to Mr.. MavO's
estimony that Hay was shot In the
Jack OF the head and that the shot was
ired upward. II Peter Mortenean held
he gun straight then he would have
hot Hay through the body. but Tho
Trough tie head.
We have proved that Hav Il dead
Nd The motive for the murder Soma
nay say how horrible that
nan would murder his neighhor for a
eceipt, but gentlemen. there never was
IN adequate motive for a murder
When You come down 10 a cold cruei
murder like Hay was Killed there Is no
iequate motive. IL IS an old adage
hat murder VIII out. The man WIN
heds Innocent blood win give 1, away
i some manner he can not tell tbe
anne story twice. and tell II oorrect.
y Take his statements 10 Romnev
nd 10 Jessup and 20 Penrose OF the
News. His actions az the grave when
e exhibited not the least sign Of grief
le offered no theory Would Il not he |
atural for you 10 figure out how vour
eighbor met his death? But a man
whose mind Is STEPPED In murder All. |
gays gives himself away.
Il wish TO state right here. that IA |
be everlasting honor Of Mr. c. II. |
tewart and Barnard Stewart that 4, |