Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1902-05-29

ellph tllhl lIp4u DtChilDei 10 Inc 70
Peter Mortensen received Sl5461O and
during the same time he paid out a
total Of S.4S5. leaving balance OF
S6llO unaccOun,ed for We viii show
that during those three months he re-
ceiyed A,l5ilO and he paid out SS,372
10, leaving a balance Of Sl,35 unac-
counted for during that period. We
VIII show that he could not have had
the money to pay James h. Hay and
we Will show that he could not have
gotten that receipt from Mr. Hay in
any other manner except by killing
him and that IS the motive for the
murder
Now, gentlemen Of the Jury / have
given you a brief and rough statement
Of what the state win prove to you "
Mr., Eichnors statement was concluded
al ISIS.
MIR. STEWART OBJECTS.
c. h. Stewart made an objection TO
Mr.. Elchnor holding W. notes and
pieces OF paper 70 the Jury during his
statement and asked the court to in
struct the jury that they should not
consider he same rs evidence, The
court then instructed the jury that the
statement made by Mr. Eichnor was
merely AN outline OF what the state
expects 10 prove and that they should
take no notice OF the notes and papers
he had shown them
The defense did not desire TO make
an opening statement at this time, so
j. u, H. McAllister, the deputy county
surveyor, was called to the stand. He
explained the map OF the surroundings
OF the scene Of the murder giving dis
tances between the Hay and MOrten-
sen houses az 2l5 Feet. The distance
from Peter Mortensen's house 20 q
point on the Rio Grande track just OPP
poslte the grave he said was 1889 feet,
How far Is the nearest inhabited
house from the grave2'
The house OF Arthur Seagers Is the
nearest inhabited house, II is 73i feet
from the grave
How far is the Chinsman's hut from
the ground?"
III Is b34 feet.
How far Is tn grave from the Rio
Grande track I'm a direct lineY
II Is 9O4 feet"
"How high Is the barb wire fence
north Of the track"
1T is a. feet high"
what "a the distance from Peter
Mortensen's house to Henry Morten-
sens houseg
IT Is 1851 feet from door to door"
Mr. McAllister then produced map
OF the ground floor OF Peter Mortensens
house and also a map Of the cellar and
explained the location Of the different
rooms. doors and windows
Mr. McAllister was then requested TO
give the dimensions ~ the cellar, and
particularly the windows and doors
He was asked to describe the east wall
but when the states attorney asked
what the, lines In the northeast corner
represented, Mr. G. h Stewart objected
but soon withdrew his objection, and
the witness replied that the lines rep
resented a suspended frame work on
which were stored various articles.
what IS the distance from the top
OF the wall to the floor in the northeast
corner?"
The surveyor replied that 1t was
about six feet.
Were the windows In the basement
the first time you went thereY This
was objected TO but the court oyerruled
the objection, and the answer was:
"They were not. That was on the
23rd OF December"
Take the witness" said Mr. Eichnor
The cross-examination was conduct
ed by Atty c. b. Stewart
when did you first commence TO sur.
yey or take measurements OF this map
OF Forest Dale?"
"February 4. 1902"
hr Of
Mr.. George Fox and another gentle
man
What part did you take in the meas
urements"
81 used the instrument"
"Did you continue the measurements
from February 4th until completed
without interruption"
I'VE were there February g. 8. G, Z.
and down a few hours subsequently.
up"
Did you measure all the distances
yourself?"
mo, sir"
Were you PRESENT."
Yes sir"
you saw every measurement
made?'
Yes, sir"
Witness stated that he only knew the
as the assistants report
ed.
IAN you know about the distances
was what they reported?"
yes, sir"
THAT is the case with all the draw
lngs here?"
Eyes, sir"
WAS the measurements from Peter
house 10 that OF the late
James r. Hays made by your mem"
mo sir. that is by scale"
Then that is merely an estimate Of
yours"
Eyes, sir"
How did you get the measurements
by the scale?"
"My assistants measured It by the
Inc"
who made the measurements from |
house west 10 Hendnes'
store thence north 10 the railroad |
rack Of the Park City line. thence |
'outh to the point opposite the grave?"
81 think ! was present and made some
myself"
THIS AFTERNOON.
ur. McAllister Cross Examined by
The Defense.