Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1902-06-12

stewart, Of counsel for de-
'a =, peter Mortensen charged WIN
f'n'e,,O' began the opening arsu.,enl
rufash accrsed late yesterday AFTER
~ lhe AS MS In the midst Of his argu-
roon an any. " "c court adjourned, Mr.. Stew
rsnl WIZ" No address In a low, serious
W. 's Y voice but he gradually wa ,l hed
I0n, y ,bs subject In hand ana soon nau
" !" .,, n Of the spectators ana Jury
ne slie, nnon him. II earnestness WIZ
riSeNoo .,sr Mortensen, then surely ms
slye Nv u. zen, a long way In that Ill
aWoulH while many Of the spectators
rscuen ,.,,mnathetlc and did not give
WV, WIZ weight to his argument; ,ne e
nv n.,, rsyertheless interested IN ms ola !,
Nel . " vor afteen minutes Mr. stewart
loIl ~ rssnects to the Judge and jury
pad s happy style he paid them
KY ,lbu,e for the patience and lhir-
Ms ,ssy have exhibited. He SAID ne
anvS ,s the argument with iee'lhs
" ..Iousness such as ne had never eA-
psr.nced In all his life
BOTH WE'RE FRIENDS
u.v and Mortensen were close
,S, they were both my friends,
XIV we're both my neighbors, In this
cs.. one man is charged with the awtul
crlm, Of taking the life OF his friend
W. "a, ,eIehbor Gentlemen, II has been
ssId tbai ,urles are composed OF two or
ts'S ',a' mi n Is mutually agreed
ts,wsen counsel for the state and de-
tens that IN this case the jury is COM
rosed Of Il men any one OF whom we
mIght trust 10 Judge this case and give
Justice Ia ALL You have a great re-
soonsihllity. II You acquit this man
ynu do 30 In the face Of public senti.
msnt that Is SO strong against him. IL
var convict him you must do so subject
10 all the perils Of circumstancial EVIL
dence II Is Tor you 10 say whether or
MOI one OF your fellow beings lives or
ais perceive from your faces the
shsusness that has characterized you
Al he way through, ! believe you
Asu been called upon for the first time
4 d decide upon a mans life. and your
4 lgcmlbiity is greater than that OF
y to.mel for defense. We can only do
4 thi EAIch appeals % MS 20 be right, to
4 " tAst proper evidence Is put In and
4 thsh III you decide Your responsible
Y N 4 even greater than that OF the
rsecatlng attorney. Mr.. Eichnor ~
" public prosecutor, and he knows
isi the public is watching him with
svaichful eye. II he has overstepped
DE- proper bounds in this case, Il Is
heause Of his zeal 10 do his duty. This
hnoable and Just court will give you
hs law but you are to pass upon the
EXPRESSIONS made by the witnesses.
You 20 to your room and there decide
whether this man Is guilty or not
flllly OF this awful crime. Then you
q 10 your homes. You are out OF the
Nollc eye, but II II should develop that
you had made a mistake. then the pub
y would look upon you with the same
csiayor that they now look upon this
Unfortunate man, and they would
hand you as towards"
Mr. Stewart then referred to the time
Hay was first missing and called at
Mton to the fact that so many were
lzdy 10 brand him as an absconder.
u shows how uncertain public senti-
sent ls.
7 do not believe this jury will con-
,kl this man unless the state proves
im guilty beyond reasonable doubt.
y you do convict him | will say you
N honest. All we ask you TO do Is TO
W here as honest men. The defendant
s'1 no more, that Is all he wants"
WHERE Is THE GUN.
Counsel then read the information
ao said rs there one thing in this
incarnation proved? Where Is the gun?
mhefe Is the man who held the gun?
Y 20 saw the shot fired? Who saw the
sah with the gum Take the chain that
nt Elonnor has presumed TO present TO
,ou and tell me where there Is any
,s,lng That points to this man as guilty"
~ stewart paid a glowing tribute to
w previous good character Of the de-
vnaant He said Mortensen did busi-
~ with honorable men. He had con-
lac's that amounted to thousands and
aouSsnas OF dollars. Counsel rdouled
I T. homney for being Mortified" over
!, statement that Mortensen had 81. 800
! ns mousse Counsel thought Romney
,as more Mortified about the money
aan anything else. As to Romney's
..plahalion that the note should be
suoeiled because IL was secured by
,SVI,gage' was characterized as absurd.
'onneys Instructions to Hay to be
wy ana cancel the note, was. in the
,nu Of Mr.. Stewart, IAN after
s1ought Did he have any suspicion
ns. hlght2 Not the breath OF a suR-
.sucn Now why did Hay 90 10
olsa. mat night? He was a stock
,,s.l.. N the company. Romner was
ns,'a IN the company and was
/, ni,ons ior the money. Is IL not like.
y, "at nay thought to himself: 4 am
49,. AFRAID 70 keep that money in nv
y, l VIII 10 over and get ~ Is
sirs' Hays visit TO Mortensen's
S ,u'a y ANYTHING strange in that?
~, ,t .ney make so much out OF the
M, ula' Mortensen did not turn the
/. on ANYTHING unusual In thatp
y. vas " his night clothes. A lady
, ~ ~ we door. Did he want TO turn
l,b, NV light nshl and meet a lady in his
The MONEY QUESTION.
~, sssn coming down to the money Mr.
,sses argued that the various wit.
! ~ naa got things sadly mixed as
"a fI y money being loose and in lars
q y saek When Mortensen smoke
M S T,g loose he meant loose IN the
aonsv me mesa sack Is what Hay carried The
4 r5, away With. and he put the sack
n, s,ury IN his pockets. He did NOT
Ies,ls.s,o . N his pockets as Romney
Itn,sn 70, II was not strange IN Nor.
10 b mad. made statements that appeared
NJ boS,,na'radiciory. lie was tortured AZ
nigh Of the day and night and
'ay anything to get rid Of his