Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1902-06-09


Union the trial Of Peter Mortensen'
anon charge OF murder In the hlS'
S s.Sr was resumed this morning. the
s,or, room of the criminal division Oh
w. rb,rd district court was well iilled
y, .neetators The proceedings were
,.,so Nm where they were left on Fri
s,y evening, with John Allen, the street
a, motorman. in the witness box un-
A.. decentralization by Mr., c. Is.
S,.vsrt Mr.. Allen had with him this
..n.ning his memorandum book In
which he makes daily entries OF the
,nmber Of hours he works, and turn
MIN the account Of last December he
alS that he had worked seven days In
NAT month on the Calder's Park line.
In Ma entries Of days upon which he
Mad worked Mr.. Allen had written the
nance Of the men for whom he had
acted as substitute.
M Stewart asked the same or SINH
hr questions to those asked on Friday
afternoon. They were then asked what
seemed TO be scores Of times and the
Performance was repeated today. In
he main, however the witness adhered
tohls 10 me testimony.
Before 1880 the courtroom was
crowded and The warm weather made
The use Of fans necessary.
In an endeayor to get witness to say
that he had while making a trip from
Calders park, stated to fellow work.
man that he was not sure who the man
was that he saw on the track on Mon
day night Mr. Stewart ran up against
a snag. NJ Allen turned to his book
and said,
y laid on that day"
with reference TO other dates Mr..
Allen was most positive that he had
not SAID be was not sure the man he
saw VAS Moriensen.
NJ Stewart asked witness II he had
no seen or sent someone to see Mr..
Nhon, the street car NAN TO whom ne
BAD TO have made such q statement.
Witness said no.
shen MT Eichnor asked Mr.. Allen
Y ~ Henry Mortensen had not been
~ Nun and asked him to "changc
nhory Mr. Barnard Stewart arose
~ poK an exception upon the ground
Wy lne prosecution was attempting 10
rqValce the jury by making II appear
M Mr. Henry Mortensen and the de-
w were using bad and Illegal
H'lAots In this trial.
10y may ask your next question.
~ Judge Morse.
taln Mr. Stewart questioned
~ witness after Mr., Allen was ex-
'.'sa, and at one time asked.
plo you not ON the goth of Decem-
u, % some other time, make the state
,sll mat you were not sure II was
Tack" "'s"' "" 'io
no Neither then. or at any other
uhe positively answered the witness.
ms ended his testimony.
H,Vhief OF Police Hilton was re-
nlsa' out upon being asked as TO what
STSH,ns Inc prisoner wore on Dec. IS,
~ stewart objected and was sus-
msd. ga
pepuly County Surveyor McAllIster
su recalled and said that the dis
ances IN the Forest Dale man. the
seslalnlng Of which he had not for
aey Superintendent, had since been
$3.50 \. ns up personally by himself, and
49, y sao round them all to be correct ex-
w ~ one minor detail.
n. Elchnor offered the man in evil
Wy The defense objected; overruled;
s,. ~ lne map was marked as one of the
eihblis In the case.
an. nt Eichnor here requested that the
saN ana Jury go 20 Forest Dale and
r,n me premises and grounds. the
S.s So' winch had been accepteS~s syi
-, af c. B. Stewart objected to having
Ivy ins uone at the present time. and
,rIase Morse said he would consider Mr..
rg!hnors request
nv ~uoe Dana T. Smith was called by
~, y. p'oseeution when court re-conyened
y va. ssess. Judge Smith testified that
10, as acquainted with Mortensen. and
n S ue latter appeared In his court
ON, p.eihDer, that he was cited in
No., vi supplementary proceedings.
nv Inv. VnSen' he said, was sworn and
~ .r hls examination he said ne had
No Money but that he had money ow.
T., r,, nm nom several contracts. Judge
,.n'th was positive that Nortensen.
'I r he had no money.
,tsss Avn cross examination by Barnard
rss ihe witness testified thar there
Irs,s! judgment By default In his court
~ lhe defendant. and that the
81. men were pushing the case.
n 80 otlinger assistant yard man
srsa rsclhc Lumber company. was
'co' eu and testified that he was we'll
WI a'ea with James R. Hay.
rs %Ssn asked n he saw Mr. HAY
md su ny. counsel for defense objected
hen Was oyerrulcd. The witness
ns, ,aip ne did not see him weighed
~ y.puV sheriff John y. Cummock was
sns 'u aad testified that ne saw Nor.
en,a n On me evening OF Dec 10 and
ala I Issa With him about the money he
IN ,o, a,''es K Hay He said Morten-
and nun what money ne had on
iN be Nness could state what was
I,ews,, was Interrupted by barnard
sagan,N "ho asked witness who was
loek TX We conversation. Mr. Cum
'''u mat sheriff Naylor, County