The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1902-06-13

tio ga" "eN ~
cried. Where on earth would you find
men so lost TO principle that they
would stamp the children of their own
sister with paternity Of MURDER"
Here the defendant wept in silence
for moment or two, but few in the
room observed it.
Talk Of Bribery.
Mr. Eichnor at every opportunity
has pointed 10 Henry Mortensen as the
man who has been trying to bride wit
nesSes in this case, continued the at
torney. In justice to this man I want
TO say that he has been with me for
days, and he would rather see his
brother sent 10 the gallows than do d
dishOnorable act.s'
Mr.. Eichnor here interposed an OBJ
ject TO Mr.. Stewart testifying.
The attorney for the defendant then
took up the accounts of .Mortensen pre-
scented by the state.
These indicated nothing. he de-
clared. The defendant said in Justice
Smiths court that ne had money COM
ing In on contracts This was on Sept.
3. Why did Mr. Eichnor skip from
that date to Oct. ? before making his
first record Of Mortensens accounts?
What might Mortensen have received
between those dates2
1.-The state has not shown" Mr..
Stewart continued. "that the defendant
didn't collect thousands of dollars on
cid contracts. He had been a con-
tractor for five years. There was no
evidence that he didn't own and sell
real estate or personal property; that
he didn't borrow money that he didn't
get money through mining or other in
vestments. 1t had only been shown he
said. that the defendant was at present
without a penny and that he gave his
last dollar to Ruth, his wife, and their
children. Because he told Romney that
he was to get the money at certain
places. and did not get 1T. that was no
indication that he didn't get it,
IF Mr. Smith says he's going 10 sell
a COW and pay bin of 500, and ne
pays the bin. hut does not sell the COW,
can he be condemned for it2' asked the
attorney.
Mortensen's Bank Account.
Mr.. Stewart. in speaking of the bank
account. pointed out that $1,7OO had
been checked out and there was no
record as to who the payees had been,
the bank keeping only the number or
the check He asked if il was unrea-
sonabIe to infer that MOrtensen' had
drawn checks for this money, payable
to himself which is a common prac-
tice!
He next argued that Mortensen could
have gone into bankruptcy for SO and
escaped paving the Pacific Lumber
company. He said it is preposterous
to believe that he would not have taken
that course rather than resort to the
murder. of his bosom friend and neigh
Dor
counsel admitted that MOrtensen
might hg%e told Morton he arranged
for Hay 10 come after the money, but
not that night
Coming to Aliens testimony, he re-
ferred 10 the mOtOrman as q man
without character for testifying that he
Hrecornized Mortensen positively at a
distance of seventy feet, under circum-
stances that made it impossible, Inc
car could be heard two blocks away
| from the crossing. and the idea that
/ the figure would not have turned
/ towards the car until ii clicked on me
/ crossing was characterized as ABSURD
"AHen impeached himself by his own
! positiveness,' declared Mr.. Stewart.
The attorney then gave the defense.
/ theory of the crime, concluding ms
! argument with the statement that only
one slight circumstance in the Whoie
tragic affair tended TO merlmlnate
/ Peter MOrtensen.
He was the last man seen with
! James r. Hay.
c. B. Stewart Speaks.
/ AT , O'Clock C. B. Stewart began his
/ argument He and James r. Hay were
/ lifelong friends, he said. They played
/ together upon the stage.
when I read the article in the Des-
/ eret News on Dec. Il, ] said TO my
I wife: I do not. ! cannot believe NJ
| absconded. Wait Within twenty
/ four hours his body was dug up. fe'
/ YOU have that poor boys own father
| iu-law getting a picture TO give to the
police. Think what suspicion viii do.