Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1902-06-12
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feel glad that we are now 80 near tht
close Of this case. | hope you will not
feel weary II we dwell at some length
upon the facts as they have been pre-
sented In this case. II Is seldom that
we have a trial In this state for mur-
der in the first degree. ] doubt not
gentlemen, that you now fully realize
the great responsibility that rests upon
you as men. II the state had present
ed evidence here that would convince
you that Peter Mortensen Is guilty b.
yond a reasonable doubt then your rc-
sponslbility would not be so great,
There are cases where one man kills
another and there seems to be some
justification for II, but In this case
keenly the responsibility that
rests upon ME. ] have felt that life
has been In my charge. Something /
cannot give, something cannot take
away. But you, gentlemen, you can
give life and liberty, you can give
| death. What il the difference after
| thirty days Of elaboration, to take a
| mans life or to shoot him down? Which
Is worse, to take mans life after
| calm elaboration or to shoot him
|
| no matter which way you decide. You
can only do my duty. That Is all I
| can do. Is my duty My duty TO my
God. to my client, to the bar and to
the state.
STAMPEDED BUFFALoES.
1t must have caused you serious
thoughts when you heard man after
man get on this stand and say he be-
lleyed the defendant guilty. They went
through here like herd Of stampeded
buffaoes and left him here as guilty,
but you gentlement did not believe him
guilty Until the state proved him gull
W You were willing to give him a
fair trial.
Mr.. Stewart then went on to show
how faulty public opinion was. How
he and his brother had been criticized.
how the court and prosecuting attor-
ney and the Jurors had been criticised
in their conduct OF the case.
Surprising, when this case Is over,
that Mr. Alexander should 20 out to
his sheep herd. Surprising he should be
riding over the hills ana come upon
the body OF a man. A man who had
just been killed He would think.
and say nothing about II or shall re-
port Il? II I do perhaps I will be sus-
pected OF the crime. Surprising that
he went back to his camp and he had
a gun there. And supposng the body
should be found. and someone saw him
riding over the hill and that the buffet
fit the gun In his camp. Then, II ne
should be arrested and tried would he
go upon the stand and tell OF seeing
the body lying there. Who would be-
lieye him? II has been intinated that
Mr.. Mortensen was afraid TO 20 upon
the stand. If he did go upon the stand
which OF you would believe him?
Gentlemen, we all need protection.
When the question was put TO Mr.. lie
Roy as TO whether or not he would re.
turn a verdict Of guilty II the evidence
was wholly clrcumstantial, he answer
ed. yes, IL there were no weak links In
the chain OF circumstances That Is
the reason / accepted hsm. The state
Is bound to prove man guilty beyond
reasonable doubt and know that all
Of you gentlemen will follow out that
instruction.
il any Of you can say that you have
been approached In any way in regard
to YOU verdict In this case let him
speak out at this time. / take IL that
there Is none.
knew James r. Hay well. we have
played parts together on the theatrical
stage. we have roamed these hills TO. |
eetber In days gone by When | read |
on the night OF Dec. II that he had alb |
seconded | said no. there IL some mis- |
take, II cannot be so, walt and see, |
and within "a hours his body was found. |
What did his father-in-law do2 When |
he went down TO get his daughter and |
her children he got a picture OF James |
X. Hay and took II to the police sta |
tlon. Mr.. Sharp's brother went TO the |
short Line depot 20 see whether or not
the absconder had left on that road. !
Judge not, lest We be judged"
II James r. Hays body was still
sleeping In the earth and had not been
found, where Is the evidence that would
convict Peter MortensenY That Is the
way you are TO Judge this case. Sus-
plcion has blghted many heart and
many a home. What has 1t done In this
Instance?
Now gentlemen, coming down TO the
facts In this case How was this man
nrst susplcloned? James Sharp said 10
him, Come out here and show me
where my boy last stood Peter Nor
Jensen showed him and MIR. sharp said
there Is whore you murdered him. A
savage accusation, like the Indian law
hat the last person seen with the In.
Han alive was the murderer. There
vas not drop OF blood on that spot:
lanes r. Hay was not murdered on
hat spot.
Coming back to reasonable doubt
u had had a reasonable doubt OF dc.
'endants Innocence, | would have said
% Peter Mortensen you VIII have ia Ger
'ome one else TO defend you. II might
lave been my duty to defend him hut
'ould not have done so because lanes
Hay was my friend.
Peter Mortensen knew that locai,,v
we'll, and II he had committed tha, Jssi
e w9uia not nave buried the body on !
ne highest spot In that locality. rlght
shere people passing on the railroad |
rack could have seen H.. There were
marshes and rushes around thare
ghefe he could have placed the bodv
ma 1t would not have been found nm.
u spring. A man would have beer in
ane TO have buried the body ln such
spot ." 'Ne"
one witness said there were two sa,s
y uecks and one track leading ON In
-hother' direction. Before these VIII
iesses went there others had been ,
mere Mr. Young. Mr.. Torgersen Mo-
ensen and others. I do not saw tha,
hese men testified falsely but It mere