Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1902-06-13

county Jail" was the reply. Counsel
then continued his arguments.
Cummock testihes that he and six
other officers visited defendant at Il
o'clock at night, and that Peter Nor
Jensen did not say that he had three
jars full Of money, but said that he
had the money In three jars, two In
the cellar and one In the pantry.
Mr.. Romney testified that when Pc
ter Mortensen enumerated the claims
he had coming In, after naming all Of
them, he said he did not know how
much more money he had coming In.
Have they proven that he didn't have
other money coming IMP
Now, | want TO call your attention
TO the evidence Of Rrof. Toronto. He
said the moon was less than five de-
grees above the horizon that II took
II four minutes 10 travel a degree and
that II would have been down IN about
eight minutes. Then Mr.. Young said
that the moon was about half hour
high when he went on the car at lit
tie after 3 o'clock. There Is no i'm
parchment. Those gentlemen corrob-
ate each other. You know, gentle
men, that when the moon
is In the west II Is not as light as when
II is In The east. You olso know that
II Is hard 20 recognize a.man when the
light Is on his back, II Is harder than
when the night Is dark.
Gentlemen, when you follow up this
testimony closely you viii find that the
officers have the wrong man. You
know that robbers wait around and see
when man has money. Any bad
character could have been around and
heard the talk about the money In Mr..
Romsey's office that night and followed
those men home, watched them count
cut that money and then lie In walt TO
get that $500.
Those men, there must have been
more than one for one man could not
have done II alone, when MIR. Hay left
the house with that money pointed a
revolver az him and commanded him to
walk down that railroad track and told
him they didn't want him but wanted
his money. Then after they got him
down there. shot him. God knows how
they did II. Then mark you, they car
ried his body TO the highest point In the
held and buried II.
Could jimmy Hay have been induced
by any nook or crook to go down on
that track to get that money? No, he
would have told Peter Mortensen to 80
and get his money.
The reason this case IL so notorious
Is because they have no evidence to
convict this man. II is mystery TO the
people II the officers had done their
duty they would have searched In every
direction, they would have followed
up those tracks and would have gone
to the depots TO see that those men
had not gotten away with that money.
Atty Stewart then cited "A number OF
instances of convictions upon circum-
rtantial evidence where mistakes were
made an1 the wrong man punished and
afterwards the guilty man confessed
20 the crime.
Thousands OF things can be patched
up when man Is charged with crime.
Why they have even lntinated that
this man (pointlng to defendanD has
been intimate with another woman,
Mr.. Eichnor objected TO the State
ment on the ground that 1t was outside
OF the evidence. The court held that
no such evidence had been introduced
and that Mr. Stewards remark was inn
proper. Mr.. Stewart said that his
eagerness and earnestness had caused
him to make the mistake and apollo
gized for making such a remark
In this case they have not proven
beyond reasonable doubt, or beyond
any doubt, that this defendant Is con-
nected with this crime. They have not
produced the gun with which Mr. Hay
was killed, they haven't proven that
this is his shovel, they haven't proven
that he did not have the money to pay
Mr.. Hay.
I'm conclusion, gentlemen, | ask YOU
TO follow the evidence closely from the
interview in the Office OF Mr.. Romney to
the last interview In the county jail.
You must consider this mans charac-
ter He has never been accused of a
crime. Consider the man he Is sup
posed 10 have murdered; his close
friend, associated with him In religion
and In society. The court win instruct
you that you must consider defendants
character Everything goes to show
that he was a good citizen, kind and
loving husband and father and a true
and faithful friend.
This man Is accused OF killing James
r. Hay, when he was never shown TO
have been within o00 feet Of the snot
where the crime was committed You
CAM taLa The Testimony ~ Mr. Alien
Won know that nerson conldn't iden.
tifv his hest friend ar such n dista nee
an such n night
Where are The Links that comniste
the chain Thev have not one link
oomnlate They have NOT shown that
defendant Ala NOT have The money
Thai iinr 10 NOT comn,ete and vet tbev
come IN here ana asE Won N convIct
,bis n,an ON a linz that has moi var haen
sors Fore 81 ' $3.50 ''''' ~
~
everything SHOWS mar refer Morten-
sen PAID James H. nay the money that
night Again now alo ne get nay down
tnere on thai track. Nnere Is tne gun
Inc snovel Is not proven 70 belong 70
TINS defendant iorgtrsen said ne
found the shoVei IN ueiendants barn,
1t might nave been put there 10 cast
suspicion on MN; Ihere We're no blood
marks on tne shovel as there would
have been III tndt SnONel nau been used