Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1902-06-11

may be said that they have Introduces
no other evidence, These gent eIneh
deserve the honor Of this jury Tor me
manner in which they have conduot,
ell their case and when they walk out
OF this case they can say that ihey
have done their duty. Their conduc.
has been honorable in every way ara
say il s 10 their credit and to inc
honor OF the bar Of this state thal
they did not manufacture any evidence.
Nov I'm regard TO the testimony OF
Mr.. Allen, he said when he approached
the railroad crossing he thought he saw
a spotter, and he stopped the car WIN.
i'm 25 feet OF the crossing He might
have been dlsobeying a rule OF tne
company that night and was anxious
TO see who the man was. He then
started the car and as he crossed tue
track he leaned over the west gate 70
see the man. When the car crossed
there was a click, and the man turned
around, and Mr., Allen recognized nm
as Peter Mortensen, He said the night
was clear and the moon was shining,
but he did not know where the moon
was
Now, they put on two gentlemen 70
impeSch Mr. Allen. Martin Keser said
that he had talked with Henry Nor
Jensen on different occasions about his
testimony several weeks before, II
was shown on cross examination that
he was very friendly towards the de-
PENDANT Then they put on Pearl HILL
the gentleman with a high collar,
man whose dress would do credit TO any
advertisement or clothing Arm Mr..
Hill had refreshed his memory In re"
gard to the case from the Herald.
When asked In ross.examination about
refreshing his memory, he laughed. In
the next instance he denied laughing
That shows the character OF the Wit
ness. He also stated that he was very
much Interested In the case, and had
trled TO get witnesses for the defense.
Now Mr.. Allen had no object IN
teslifyIng falsely He is man OF good
standing. Or The other hand compare
him with Pearl Hin and his actions
on the witness stand, and you can
Judge which has the better character
Gentlemen. you have an outline or
the case. You have all the links OF the
chain. First, you have Peter Mortensen
going down TO the Pacific Lumber
company late in the evening, and tell
ing them he had the money Next
you have him telling Mr.. Hay TO make
out the receipt. Then you have Mr..
Hay going after the money. Then
Mr. Mays body Is found murdered,
ana the receipt and note in the
possession of Peter Mortensen. You
have the defendant telling conflicting
stories about the money; where he got
ii and where he kept II. Then you have
a picture which shows that he did not
have the money.
Now, go through the entire case, and
how can you explain it, until you Jump
over II and take a guess, Now, GENTLE
men. one word about the death penal
~ That penalty has been In use for
years and years; first we have 1t laid
down In the Bible that "Wh1speYer
sheddeth mans blood, by man shall his
blood be she'd" Nearly every nation
has the death penalty. In the United
States every state, except Michigan,
has It. Colorado abolished the death
and then reinstated II on the
statutes. Not long ago a judge IN De-
troit was passing sentence OF lie im-
upon music teaC/r who |
had murdered a young girl. He said he |
regretted very much that he could not |
pass the death penalty upon the muir
derer. A man who murders man like |
James r.. Hay in cold blood has no |
right to live; he who murdered a man
like James II. Hay within 1900 feet OF
his sleeping wife and children has no
right to breathe the free air Of God. His
life should be blotted out, ] don't ask
you gentlemen to let me do your think
ing for you; take the facts and the evi,.
.lence to the jury room with you and
reason 1t out In your own way, Cen
Llemen Of the jury | thank you.
STEWART FOR DEFENSE.
Barnard Stewart had just commenced
his argument for the defense when the
News report closed for the day.