The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1902-06-14
II7ITHIN a few short hours-by n

a
w today-the twelve men into
whose hands the state has con-
signed the fate Of Peter Mortensen
VIII retire TO pass upon the solemn
question Of his guilt or innocence.
The district attorney viii conclude
his closing argument in less than two
hours this morning and the courts
charge to the jury will then be read.
Thls VIII require not more than if-
teen minutes time and following it
the jury win retire to deliberate. more
seriously, perhaps than they have de-
liberated during the past six weeks.
How long the jury viii be out is of
course, only 4 matter of conjecture
but should the return to court not be
made by night-fall, it will be looked
upon as a strong indication Of q dis
agreement Many are already predict
ing this result.
The closing scenes Of the trial have
been impressive ones. but none was so
touching as that Of yesterday forenoon,
during Attorney g.. b. Stewards plea
for his clients life. He referred to
the blighting sorrow that must fall on
the defendants relatives If he is con-
victed. Pointing to the father of the
defendant. he spoke of the love and
confidence between father and son, and
Of Peter Mortensen's love for his chill
dren, even though they are separated
from Ma by cruel circumstances.
Mortensen's Father Weeps.
Suddenly the gray-haired father of
the prisoner burst into tears, and sew
eral minutes elapsed before he recOv-
cred his cOmpOsUre. The defendant
was visibly affected, but did rot break
down A number of women in the
crowd wept and sobbed in their hand
kerchiefs.
Mr., stewards effort was highly
spoken Of, both for its elOquence and
/ logic. and undoubtedly il impressed the
audience, which was even larger than
usual. Many spectators left the court
room at its conclusion firmly convinced
that the jury would not convict, and
many had their belief in Mortensen's
! guilt rudely shaken.
one Of the strong points adhered to
by Mr.. Stewart is that MOrtensen could
have gone into bankruptcy had he
wanted to escape paying the lumber
cOmpany's account. Another is that
/ he could not have induced Hay TO 60
4 down the railroad track. especially II
/ Hay had come TO his house and dis
/ covered that the defendant had de-
cieved him about the moneys being
lthere.
Mr.. Eichnor commenced. and all but
I finished, his final answer 80 the de-
: Tense at the afternoon session. His
4 talk had a tendency to again turn the
/ tide Of opinion. The prosecutors an
sWeTs as a rule, were sharply pointed
/ and calculated 10 leave d lasting i'm
( preston.
Judge Morse Complimented
/ Now that the trial is practically over
/ after six long weeks. Judge Morse Il
/ being warmly complimented for the
I honorable, fair and impartial manner
! in which lac has presided.
/ G. p. Stewart resumed his argument
at 10 A. m, speaking at length on the
/ danger of circUmstantiaI evidence anC
! illustrating his remarks with thrilling
! instances on record similar to tn,
/ Hayes case.
Look at this man they would con.
/ Wet he said, sitting there between
] the only ones who stood by him. that
! faithful brother and that aged father
/ Perhaps his mother is beneath the sod
/ or she would be here. She would stand
/ by him to the last He has not even Z
/ little child with him Why? Do the
/ children know their father is a .nur.
( derer?
Where is the living man who knows
/ that Peter MOrtensen owned q gun
that he ever bought one, that he eve,
( borrowed one? Where is the gun?"
These. are some Of the question,
asked by Mr.. Stewart. He criticised
+ Deputy Sheriff Busby for searchinl
/ Mortensen's premises without d war
D
have been justified in SHOOTING the Of
fcers down like dogs when they at
tempted this
Joseph Jensen, who said he could tel
within leo feet of where a shot was
fired a Ealf-mile distant was scored b.
the attorney, as was John Allen. zen
sen should be hired by the government
he said. to locate enemies in battle an,
( Allen would be invaluable to the cit,
TO identify crooks seventy feet distan
in the darkness.
Hounded By Luke.
Mr.. Stewart suggested that whel
Mortensen sWOre he had no money on
Sept. 5, their possessions might havr
been in Mrs. Mortensen's name, TO es
! cape the vile judgment Of Luke, wis
was bounding him.
that mans experiences in the count.
Jail could be told, he was driven al
most to the sweat-lNlx"
Mr.. Stewart recited the beautiful
story Of the girl accused Of stealing
the necklace Of pearls. from LOngfel
lows "EvangeIine." Then, turning
/ suddenly towards the defendant an,
those grouped around him, he ex
claimed, feelingly:
oh. gentlemen, would you bTan
this mans family with infamy? Wi
you send that father, with the silver
lines in his hair. TO the grave? Sc
how he stauS~~ here by his son. He Ia
heart. Ny client has heart H
/ loves his children. though they hav
been separated from him by cruel cir
cumstances."
Here the defendants father brok