The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1902-01-23
M0RTENSEN FACES WIDOW
OF HIS ALLEGED VICTIM
CONTINUED from Page u


where, and she was scarcely able "a
make her way down the steps in the
darkness.
Attorney Stewart then cross-exam-
ined the witness briefly, without shak-
! ing her statements. Mortensen leaned
over and whispered a moment to his
counsel. and Mrs. Hay was asked #
/ Mortensen had not offered TO accom-
! pany her home.
No, replied the witness.
He didn't?"
mo. sir"
Did you notice whether Mortensen
was dressed p
He appeared TO have MS night robe
and trousers on
Conversation With Husband.
Attorney Christensen then renewed
his direct examination with the consent
OF the court, asking what conversation
I occurred before Hay left home. Stew
art objected to the subject as incOm-
petent, irrelevant and immateTial, ana
a lively tilt followed.
Attorney Christensen will admit
the question is very close to the line
But Hays conduct, demeanOr and eX-
planatory statements in view of subse-
quent developments makes material
and admissible evidence as explanatory
of his actions. His last words-so far
as we are able to introduce in court
spoken in leaving his own door, not
knowing he was going to his death,
could not be misleading to court or
jury.
Attorney Stewart arose to declare
that whatever Hay said at that time
hi In 81 hat
witnesses for the state had shown his
last words of which there is any ac-
count had been spoken TO the defen-
dant
Assistant County Attorney Reiter in
terrupted Stewart with the declaration
that if the question was barred. the
question "Who murdered James r.
Hay?" would be barred. He launched
into a long argument to the effect that
the rules governing hearsay evidence
did not apply in such an emergency,
reading a number of legal citations in
support of his contention.
Pressure Brought to Bear.
''Why was it that Hay went to Nor
tensen's home in disobedience of his
employers orders?" Numbered the
young lawyer. What pressure was
brought to bear upon him between the
time he left Romneys office with Peter
Mortensen and his arrival home? That
is what we seek to prove. Hays inten-
lions are the essence of the situation.
If the act of his leaving home that
night is admissible evidence, any ex-
PLANTATION that accompanied it is ad-
Missile. His intention and any ex-
planatory statement are material evil
dence."
Bernard Stewart-We do not queS-
ton the correction Of the citations OF
exceptions TO the rule against hearsay
evidence. but they are not in line with
this case. Hays act showed his in
tentiOn expressed: what he told his
wife when he left home might not have
expressed his intentions.
Question is Allowed.
A long, wordy war followed, result
ing in the objection of the defense be
ing Overruled and the defense noting
an exception.
Attorney Christensen-What CONVEX
satiOn relative to his errand took place
when Mr.. Hay left?
He said, I am going to Peter Nor
tensen's for q few minutes to collect
some money. Ernest Romney told me
not to tonight. but Peter is going away
tomorrow morning. and I must get the
money tonight or not at alI.'
The accused bit his lip nervously,
froWned deeply and was obviously
struggling TO keep his nerve and bold
front as this statement was made. Ev-
cry eye was fastened upon him. even
his father and brother joining in the
searching scrutiny directed against
him.
A+fo,,,o,- C,t,;st,,,-s,, xxTl,o,, A.. rI,,-
came home from town and laid aside
his coat and hat. what was said?
After the usual objection of the de-
tense had been overruled and an ex-
ceptiOn noted to the ruling Of the court,
witness replied:
Was Going to Mortensen's.
Il asked Mr.. Hay why he did not
hang up his coat He said he was go
ing right over to Peter Mortensen's to
collect some money. He told me the
amount and said he had the receipt in
his pocket"
4 wish you would repeat the remark
he made as he left"
Il am going to Peters to collect some
money. Peter is going away in the
morning, so 1 must get it now or not
at all
Did he explain how he knew"
mo"
Did you leave out any of the con-
versatiOn2''
Yes. I was so surprised at The
amount involved that ] asked Mr.. hay
where it was. He said down in Mr..
Mortensen's cellar.
After more objections by the defense
and further wOrdy warfare, the witness
was asked TO continue her statement.
L asked Mr.. Hay if he was going
TO town when he left. He said no, that
he would be home in few minutes.
Attorney Stewart-Was that all the
conversation on this subject2
Yes
Mr.. Hay took the latch key when
he VENT"
Yes :
Didn't he tell you he would he out
late and that you should not sit up for
him2"
No
That finished the examination of the
witness.
Mr.. R0MNEY CONTINUES