davidaulloa/AmericanStories huggingface dataset:
Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1902-06-14

on Tuesday night. Why, Of course he
called. He wanted that receipt That's
why he called. They said had Mrs
Hays slsters-in'law here for effect. The
thought never entered my heart. You
did not know who they were.
A REASONABLE DOUBT.
Now gentlemen, II you find this de-
PENDANT not guilty. when you go out
Of here and you meet Mrs. Hay. take
her by the hand and say to her We
had reasonable doubt that Peter Nor
Jensen murdered your husband Lay
your hands upon the heads OF those
three little fatherless children and say,
| We had reasonable doubt that Peter
Mortensen murdered your father go to
the grave In the lonely field and place
| your hand upon that mound and say,
We had reasonable doubt that Peter
Mortensen murdered you Do that II
you can. gentlemen"
Mr., Elchnor called attention TO the
statement OF Mr.. Stewart that the pros
ecution did not put the wife OF Henry
Mortensen nor the wife OF the defend
ant upon the stand. That would have
been fatal error, and II the defendant
was convicted, the supreme court would
reverse the judgment. As TO the hypo-
thetical case Of Mr. Alexander finding
a dead man. Mr.. Elchnor said II such
thing should happen, the gentleman
would soon show 10 his friends and
neighbors whore he got the money" He
Sould say, gentlemen go there, and
there and there. and you will learn
where / got the money 10 pay him with.
He would not close his mouth after
saying II will explain when the proper
time comes, and then Vet his attorneys
try to explain for him.
ROBBERY THEORY.
The robbery theory advanced by the
defense was shattered by the state
ment that had anyone overheard the
conversation about the money in the
Office of the Pacific Lumber company,
the robbers would have heard that the
money was TO be paid IN THE MORN
ING, and not that night SupposinI
Hay was going home when he left Nor
tenscns Then Mortensens statement
that Hay was going to Romney's would
not be true, would Il? The same ser
pent that inveigled Hay to go to Peter
Mortensen's that night, inveigled him
down that track. Mr. Morton testified
that Mortensen told him that he had
arranged for Jimmy TO COME OVER
AND GET THE MONEY THAT |
NIGHT There is the cloyen foot Of
Mortensen ia induce Hay 10 come over
and get the money. Mrs. Hay testified |
that when she went 10 Mortensen and |
raped on the door after about ten |
minutes she heard an inside door
Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1902-06-14

Gentlemen. you have trusted me IN
our business affairs. am happy at
last to pay you the debt owe. Here
Is the money, we are square. | thank
you Tor your accommodation.
THIRD.
AZ the office OF the Pacific Lumber
company Mortensen, after the amount
OF the Indebtedness had been figured
up, gave an order on Mrs. Brixen for
slOl This act was the part OF a care
fully conceived plot which led up 10
the murder OF James 4. Hay. The state
has shown, beyond all possible doubt.
mat Mortensen had In his possession
S5sV In cash after the alleged payment
OF the SS.SO0 to James H. Hay. Now
that II has been proved that he had
SsO after the alleged payment Of the
SsOO why did he give an order on
Mrs Brixen for SlO7? II he had the
S,SOO IN his house, then he would have
had NlsO and there would have been
no necessity for giving any order on
Mrs. Brlxen or anybody else.
FOURTH.
II was Peter Mortensen who asked
James r. Hay On the office of the pa
cine Lumber company that Monday
evening when James Il, Hay was muir
dered) TO make out a receipt for the
amount, and he tMortensen) told Mr.
HAY to bring the receipt with him when
ne came for the money Peter Morten-
sen did not then and there offer to pay
any money
The purpose of a,e suggestion on the
part OF Mortensen about the receipt ia
the light of subsequent events is OBJ
vious.
FIFTH.
Peter Mortensen was IN the office of
the Pacific Lumber company when
James r. Hay put the receipt, which
he had written short time before.
with the note attached, into his pocket.
This pocket was turned inside out when
James K. Hay was taken from the
grave.
SIXTH.
George Il. Romney had most impli-
city instructed James r. Hay on Mon
day evening, al the office OF the Pa
cliic Lumber company, in the presence
and hearing Of Peter Mortensen. that
when Mortensen paid him (Hay) the
money In the morning to be sure and
cancel the note, which was secured hy
a mortgage, SO that Peter Mortensen
would be protected in case the com
pany overlooked the cancellIng of the
on record, The note when
Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1902-06-14

Gentlemen Of the Jury /. The de
PENDANT, Peter Mortensen, is accused
by the information Of the district at
torney of this district with the Grim,
OF murder In the first degree. The in
formation charges In substance tha
Peter Mortensen on the 10th day Of
December, A. d. 1901, at Salt Lake
county State of Utah. unlawfully
wilfully, feloniously, deliberately. pre-
meditatedly,of his malice aforethought
and with the specific intent to take the
life Of James r. Hay, did Kill and muir
der said James r. Hay by shooting
him with a pistol.
To this charge the defendant pleads
that he is not guilty. and you are In
structed that such plea puts in issue
| every essential fact constituting the
crime OF murder and casts upon the
state the burden Of proving every such
| fact constituting the crime charged, to
| your satisfaction beyond a reasonable
doubt.
2. Murder as defined by the statute
OF this state is the unlawful killing OF
human being with malice afore-
thought. Such malice may be express
or implied. II Is express when there
is manifested deliberate Intention un-
lawfully to take away the life OF a
fellow creature. II Is implied when no
considerable provocation appears, or
when the circumstances attending the
killing show an abandoned or malig-
nant heart.
g. Every murder. says the statute,
perpetrated by poison lying In wait.
or any other kind OF wilful, deliberate.
malicious and premedita;ed killing or
committed In the preparation OF. or
attempt 20 perpetrate any arson, rape
burglary or robbery, or perpetrated
from a premedltated design unlawfully
and maliciously TO effect the death OF
any human being other than him who
is Killed: or perpetrated by an act
greatly dangerous TO the lives OF others,
aud evinclng a depraved mind, regard
less OF human life. Is murder In the
first degree.
While. however the law requires that
the killing In order TO constitute MUIR
der In the first degree, must be perpe-
trated from premedltated design"
with a specific intent TO take life, stlll
Il does not require that such premedi-
lated design shall exist Ia the mind OF
the perpetrator for any fixed period OF
time before the doing Of the act which
constitutes the crime. II there was such
design and determination 10 Kill de-
llherately formed In the mind at any
moment before the fatal act was done,
I, Is sufficient
Murder In the second degree Is
the unlawful Killing Of human being
with malice. but without deliberation
or reconciliation The term malice. In
law. means a wicked Intention OF the
mind. wish TO vex. annoy, trouble, or
iniuse another person.
3 Manslaughter is the unlawful |
killing OF a human being without mall
ice II IL OF two kinds. voluntary and |
involuntary. Voluntary manslaughter
is whore the killing Is upon a sudden |
ouarrel or heat OF passion. DO not
deem n necessary TO Instruct you as TO |
the law relating 10 involuntary man !
slaughter. because as to this offense 4
there is no evidence In this case
6. The burden Of proof rests upon |
the state to prove all the essential acts
Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1902-06-14
FfFTY.FIyE LINKS.
Mr.. Eichnors Chain OF Evidence
Against Mortensen.

Peter A. Mortensen, uncle OF Peter
Mortensen and brother OF the Inter 5
father, came down from ogden this
morning to be present at the close of
the trial OF the accused. He said he
had no idea the trial would be over so
soon ana was surprised when he learned
tnat IL was about to go to the jury.
When the accused came into court this
morning he greeted warmly his uncle
anu other relatives present. He APP
peared very confident and calm, until
Mr.. bichnor began his final argument.
when the old familiar frown appeared
on MS race and he sat staring at the
prosecutor with eyes wide open At
o'clock the room was half filled with
spectators, and BY the time the min
utes We're read, the room was packed
Mr., Eichnor had the best of attention
ana as he began to connect the links
OF evidence against the defendant, the
interest OF the jury and everybody In
the court room was intense Following
ls Mr.. Eichnor's argument.
Gentlemen Of the jury, was speak.
ing yesterday of the contention OF
counsel for defendant that the accused
might have had the money from other
sources than have been mentioned here.
Mhen Peter Mortensen was arrested on
December the 18th, he told Chief Hilton,
or he enumerated TO him where he got
the money which he claimed TO have
paid to James X. Hay. We have taken
those accounts as he has given them,
and we have proved that he did not pay
10 Hay the Cannon check although he
told Hilton that that was part OF the
sSSOQ. He had It on his person at the
time. III he had realized money from
any other sources he would have told
IT, lie knew he was to be charged with
murder, and II he could he would soon
have shown where he got the money.
You take the amount he enumerated 10
Hilton and add to that the amount he
wanted 10 get from the Watkins and
you have about $500. Now / think the
attempt TO prove he got the money from
any other sources Is futile. 1t clearly
shows that we have taken the right
track. When you discuss this matter
IN the jury room, consider, ask your
selves how long II would take you TO
explain how YOU paid the money and
where you got It,"
Mr.. Stewart objected TO ask: 'Jf
necessary to prove he did not have
he money, would you not have called
n every man In the state OF Utah9
ought you not do SOP"
Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1902-06-14
The Finish Of a
Notorious Case
States Attorney Dennis Echnor Names Ae Fylp-fUe Strong
Links in Ae Pestecf Chain of Evidence That He Has
Wound Around Peter N1onensen- 9utp Took The
Case Betose Noon Today

who of the Mortensep and who habit
taking everybody everything seeab
{tm the only the who looked the
marched with the
their keeping
of Significance placed
occurrence
present filed
people possessing Ddenable OF something
|hi lways hold humanity a of interest
quiet and of all about the
excitement seemed find place there All
from the with kind
pf an Impression o how long awaited
Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1902-06-14

he declares ne paid him the 1880,
which was subsequently missing.
The great crowd that was in court
when the Judge delivered his charge
remained there during the whole noon
recess, that is. goodly part OF It ala.
There were many who did not leave
their seats even for minute, and
when the jury did not file into court
promptly on It's return from lunch
loud was the wall Of disappointment
that went up in all directions. Yet Il
was an orderly crowd wlthal, probably
on account Of the predomnance Of
women that were in IT, Much of con-
Nersation was carried on with bated
breath and in tone 80 low that only
Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1902-06-14

jury and fixed Saturday. July 6, at 10
a. m. as time for pronouncing sem
tence.
JURY OUT HOURS 20 MINUTES,
AT 2 o'clock this afternoon the jury
returned TO the county building from
the Kenyon hotel, where II had lunch
in charge OF Deputies Cummings. Ar
nup, Alkire and Bull AS the jurors
went trooping across the corridor to the
room set apart for them they We're eyed
with an interest that was most intense,
and various were the speculations in
dulged In by the grooming crowds as to
whether or not verdict had been ar
rived at. When the jury room was
reached they stepped within and bolted
Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1902-06-14

those In close proximity TO the person
speaking could hear what was said.
Every one seemed to realize to the full.
est and profoundest degree that hu.
man life was at stske--that II was in
fact trembling In the balance. Mean.
while Judge Morse sat In his library
next TO the court chamber ready to
assume mis- place upon the bench on the
announcement being made by one Of
the deputies that the jury was ready
To return the verdict that was expected
70 make Mortensen free man or turn
nm over 70 law TO explate the crime
with which he has been charged for
months past and which has shocked
the community as no other murder
ever committed In the state OF Utah.
AZ 2'S2 Deputy Sheriff Arthur Cum
mings, white and trembling. went to
Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1902-06-14
JUNE ID. 1902. SALT LAKE CITY, UTAH.

the door while one OF the officers Kept
diligent watch from without IN this
room were all OF the exhibits intro
duced in the trial, such as the cloth
Ing OF Hay the murdered man, lncud.
Ing the overcoat that was found to
have been pulled up over his head at
the time his body was exhumed from
Its rude grave IN the pasture. They
also had the fruit jar that was sup
posed TO have contained part Of the
money, the Cannon check for s25s the
shovel which Mortensen was alleged to
have dug the grave with, The one not
able exhibit that the jury did not have
in the room was the settee upon which
Mortensen said he sat with Hay when
Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1902-06-14

Judge Morse's chambers and sa,d Tim,
'ne Jury was ready to report. Al $3.50
me prisoner came into the court room
followed by bis counsel. Nortens.n,s
race was pale az first, but he soon re-.
covered himself and when the verdict
n m"s pead ns was among tho coolest
When filing IN. the Jury wos hisaoa
by Mr.. Henry Tribe and 10 one Min
eyes Il could be very readily guesseS
that the verdict which they were sho,s
TO announce would be one Of Fullfy
AT FIRST there was considerable sbpf.
ilng Of feet and whispering when tbs
Jurymen took their seats and II be-.
SaI'ie necessary Tor Judge Morse 10 call
Tor order As che reading began now.
ever there was the silence OF deatb IN
the courtroom until the last word lad
been uttered.
Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1902-06-14
Last Evenings Close.

Yesterday afternoon District Attor
iV Eiehnor argued for the state unit
ta'ee minutes after five o'clock
throughout his long argument, Mr.
L.nnOf did not attempt Oratory, OF
elsG The sympathetic, but with thu
pulI logic and plain words he sought
J snatief the argument OF the defense
all Jorge a chain OF clrcumstantia
tlaeact solid and sound.
hy friend Mr. Stewart" said Mr.
I.nnor challenged me to explain the
eHeiehee between a note that was Sc.
sael oy mortgage and a note that was
LA secured by mortgage. Well. here II
10 NE form OF the note Itself there
40 allerencel but there Is q vast diff
r's9'e IN the way the note is marked ;
There should be any attempt on
= paH OF the person TO whom the
WSsse was given. to foreclose. then
~ nave the note, If IL is marked paid.
NOV mat Il was paid. There is the
Present. 'O''' u ~ '"'
ElcHNoR GETS SARCASTIC.
,,, now then, about the subject OF reye-
-gn Who brought II out? MIR. Bar
r, a.v stewart that brave man who pic.
KY, n.a himself 10 you as a hero. this
s'' hnisht this great Napoleon of the
k,, 'oid You how brave he was 10
s "s out Now why did he bring it
gay II not have been for the pur-
4 = 70, o. prejudlcIng those members of
II ttu'y VINO perchance, do not believe
Wv principle OF revelation. II mat
% not whether believe in f. They
4 y. ne why ! placed Mr. sharp on
ps s'sna VIII tell you a little law"
icS SnA'a Stewart objected TO Mr..
or "n0l explaining any law. but Judge
~ ~ guieuy said that the district at
e %s hsa ifal right. Mr.. Elchnor
|or,,s,eall mat il was held by all au-
s s, on law that where person Is
Ia pha ~ WIN a crime, where he hears
|pd da.ge and has chance TO DENY II.
|1nsy,oo..s not deny 1t, II is held wa cir
|b ss,' against him" When Mr..
Ia AZ ~, elinbed into the patrol ,yagon,
|w ,eI lhe dead body of his son-in.
r.. w sad He murdered Won for n
|dnt ~, r"Pei representing $3.50. You
|bs, az lsn away, but he murdered Won
/ NV w refer Mortensen DO. but hang
az" ana make no reply? When
/ m ,a ip charged him again and again
b., We ,s crime he did not deny II And
|ewo, .pN brave knight Of the law Mr.
|,s,S efoss-eXamined Mr. sharn ,ha
|ny 4, aI 70 him. Mortensen aid not
kro,n ne could not deny il because
h N, ae was guilty, That's why
lena rs. sndrp on the stand. III nv
nj, " ~ such brave man WHY ala
h W. so,,gsSss'eNamine Charles and Rich.
h s w i..A'ns? When they save s,,ch
|snt Ts,. IWstlmony againN their
|sn sr ny ald they not cross examine
a Wy 10 show the fact. n n
h. i,tssg That the Weaknesses had
|rsa , e'S.eI IN the case? They cen-
hi - ',aIies Watkins because no ra-
NJ ,g ,g.oulply with the request of pa.
H., ,snsen and swtar IA n lie
1880 ne loaned him from 81 Or0 l
m n Gentlemen. they told The I
h. aid ,s lhen as to the financss
bld rna,,i e aetense so siudiouslv
r,en,e.l won Of the Cannon chect
|hson ~ tGld Chief Hilton thar he /
2 yei wbo. A vas part Of the s3sOO.
|eck on b ,gn ne said that he had the
~ M, n's person, and II was NOT
|sn By piosas h 81 December. and
|icA q. n,lSnard Watkins. They make
Of'ensen calling at sharp's
Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1902-06-14
MEN WHO DECIDED MoR7ENSENS FATE

Joseph Smith, Merchant, Granger.
Samuel Bringhurst Farmer, Tayorsville.
H. D, Shurtiff. Farmer. Mill Creek.
James NJ Barlow, Clerk. Salt Lake.
S. II. lie Roy, Ralroadman, Salt Lake.
Henry Tribe, Salesman, Salt Lake.
Michael Kopp, Manufacturer, Salt Lake
VIM. A. Bills Farmer, South Jordan.
John T. Alexander, Farmer, Salt Lake.
Chas. II. lngham. Jr., Sheepman. Salt Lake.
Alma II. Rock, Farmer, East Jordan
John b. Daley Mining Man, Salt Lake.
Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1902-06-14

Mar Nortensen is guilty of murder
-. Asst degree That Is the verdict
!, he fury which tried his case This
Inclusion was announced in open
's"rt before Judge Morse at 2''5 this
.n,ruoon. The solemn words were ut
~ in the midst of a stiffness that
y, awful in It's intensAg. The verdict
=, handed to Judge Morse by II. I.
s,rtlIfY. who had been chosen fore
4, If the jury. The court cautioned
\. .neetators to remain perfectly
4, and make no demonstration one
IN Or the other, after the verdict had
read The clerk Of the court,
\, Armstrong, read the verdict which
me- outset followed the stereotyped
Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1902-06-14
IH6 JURY FINDS PETER M0RTENSEN "G(UI TY"

form, and then continued; eve, the
Jurors in the above entitled case. find
the defendant guilty Of murder in the
first degree as charged in the infor-
nation"
Attorney c. b. Stewart then request
ed that the jury be polled individually,
which was done. lis this your YER
dict?' was asked Of each juror as his
name was called. ut u.s. was the an
swer OF the entire 12 men.
TO BE SENTENCED JULY 8.
IT was noticeable fact that the
prisoner was perfectly unaffected by
the announcement. Not muscle
moved, not nerve twltched. The
court then thanked and discharged the
Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1902-06-14

Peter Mortensens interest in ths
mound OF dirt reported 70 him BY Franz
Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1902-06-14

Chlrca OF J,s1s Cia'St
Giel.c.dac ccintS.
Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1902-06-14

Peter Mortensen told William A.
Moreton, as well as other persons. that
at the proper time he would show that
he had the money IN his possession
with which he claimed he paid Hay.
and that he would make an explana-
ton. Gentlemen OF the jury the only
explanation lu this case OF the al
legged financial transaction between
Peter Mortenser and James Y. Hay Is
the argument OF BARNARD !. Stewart
and &. b. Stewart.
The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1902-02-18
xLAuRrs o. G
The south Carolina Senator. speech
at q Memorial Banqset In Chicago.

Chicago. February 12-Memcriaf cx-
ercises in honor OF Abraham Lincoln
were held here today on q scale n
passing that Of any previous local erI-
eoration Of the anniversary Of his IL IN.
In the evening there were n number Of
banauets. at which the speakers for the
most part dealt with some phase Of the
life Of Lincoln The largest of these
affairs was held IN the home CT tho
Marquette Club. where at least 7Co
members of the club gathered TO listen
to the addresses.
At this banquet Senator McLaurin. OF
South Carolina. delivered an address on
Lincoln and His Relations to tie
South" His emarks were In pa-t "A
follows:
II think / see the dawn OF an,ther
dav when cur country will be divided.
not on sectional lines. but In IN ought:
when a man will vote. net from n IN
fiuence Of the mere local e.. but In ac-
cordance with the dictates OF his con-
science, judgement and e~nlighteasd
self-interest. This Inc this a n can
make Us n country. one nation, one
people; thus realizing the hope OF
washington. the ideal or Lincoln and
the prophecy OF Mckinley.
What the people OF the south now
want is a closer bond Of brotherhood
throughout our common ant I'm
this they are nbbly seconded BY the
people OF the north. The south nee DIS
the activity. he energy and the pre-
gressiVe commercial and Industrial
ability OF the north. The north needs
the vast resources of the south. Tie
TWO sections working together can
bring about an era OF growth never ser
attained in the history OF our
Meeting here tonight for the purpose
or doing honor TO the memory Of the
greatest man this country ha produc-
ed since 1t became an independent na-
ton we can take a lesson from tho
words he uttered while the strife was
on. n in this period OF love ard peace
we can do much to bring about perfect
unity and understanding so essential To
our national growth. progress and pros
peritv."
Speeches were also made by Curtis
Guild. Jr.. Of Boston. and others
The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1902-02-18
Especial to the Messenger.l

Raleigh. N. c.. February I3.-There
roads convention at the morning ses-
sion. Road supervisor McMackin. Of
Wake. read a paper. Speeches were
made by Rev. DR.. T. n. Ivey, Of Ra-
leigh. Mr.. Abbott, of Colorado, DR.. G..
T. Winston. Senator Simmons. Con-
last being an extremely valuable ad-
dress. He said a congressional COM
mittee had yesterday decided to eXpend
over 81, 900. 900 next year for rural free
delivery. He said 1t was impossible to
give proper service without improved
roads. He was heartily ~applauded.
Resolutions adopted asking that the
federal appropriations for highways
he expended only where there are state
appropriations equal to the national
apportionment to such state: also av-
oring a provision for giving, both at the
I University and the Agricultural and Me-
chanical college, instruction in road
building: also asking the legislature to
adopt a system providing for employ
ment Of all able bodied male convicts
IN actual work or public roads or In
prepara ton of materials therefor.
At the afternoon session a capital
speech was made by Charles D. McIver,
who pleaded powerfully for good roads
s. B. Alexander made a report for the
committee on resolutions urging the en-.
actment OF a law TO work ~convicts on
roads, endorsing the National GOOD
Roads Associa TONS work and urging
the creating of the office Of state high
way Commissioners or engineer.
Thos. G.. Skinner spoke to the resoiu-
tions. and In the course ef his remarks
declared Matt Ransom the greatest iiv.
ing North Carolinian- He declared
himself afdently in favor OF the issue
OF bonds for roads. He attacked tn
rural free delivery and negru education
and struck at Governor Aycock for de-
! string to see everybody educated His