The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1902-06-15
EICHN0R'S LAST
APPEAL TO JURY
Tells Why Mortensen Should Be
Convicted.
MANY REASONS ARE GIVEN
FAIR AND SATISFACTORY
CHARGE By JUDGE MORSE.

sentatiOn OF the crush that followed as
the minutes slipped by.
Mr.. Eichnor resumed his argument
on the financial condition of MOrten-
sen. 1t had been argued, he said, that
Mortensen could have gone into bank
ruptcy and escaped paying the lum-
Der company. The prosecutor denied
1t. He pointed out that ROmney had a
mortgage covering $3.50 of the indi-
vidual Indebtedness and liens upon
Mortensen's contracts, which could not
be wiped out by the bankrupt law.
Mortensen would have destroyed mis-
credit and been held up to scorn in the
community for beating his creditors
had he gone into bankruptcy and forced
his customers to pay the bills he had
contracted.
"One more word about the robbers
suggested by Mr.. Stewart" continued
Mr.. Eichnor. What robbers are going
to prowl around the neighborhood look
ing for shovel to dig a grave?"
Barnard Stewart interrupted with the
request that Eichnor explain how one
man could throw a dead body over the
wire fence. The states attorney re-
piled that after the trial he would be
willing to go to the scene with Mr.
Stewart and show him how, by throw
ing the defendants counsel over the
fence.
A loud outburst Of laughter was
quelled by the court with the threat
that the room would be cleared.
Mr., Eichnor then read a resume Of
the states case, giving what he termed
fffty-eight links in the chain of cir
cumstantial evidence. He finished at
li;05. having presented the case in a
logical, we'll connected form.
The First Link.
Mr.. Eichnor said the first link was
Mortensen's indebtedness, the demands
of the lumber company for a settlement
and the defendants promise Saturday
that he would be able to elk it up"
on Monday night
His second was his visit TO the office
on Monday, his request that Hay be
sent for the money to his house. If
Mortensen had had the money that day
his pride would have impelled him to
take II to the company and place it in
their hands with thanks for their trust
in him.
Why did MOTtensen give an order on
Mrs. Brixef. for S107, when it has been
shown that he had $3.50 above the $500
he claims to have paid Hay? 1t was
blind, part Of the well conceived plot.
II was Mortensen who suggested that
Hay write out the receipt in the Office
of the lumber company and bring it
with him.
Mortensen was in the ONCE when Hay
put the receipt IN his pocket. That
pocket was found turned inside out
Romney had instructed Hay explicit
y TO cancel the note for $3.50 when he
got the money. The note was found in
Mortensen's possession uncanceled.
The state proved that Mortensen did
not have the $500, and there is no con-
Trajectory testimony or evidence.
How could Peter MOrtensen secure
the receipt from Hay without paying
the money? Who would murder Hay
for the receipt except Mortensen?
Hay was not murdered for money or
any valuable personal property, as the
gold watch and chain were found on
his dead body.
Hay told his wife he was going to
Mortensen's to collect money, and
would be back in few minutes. He
did not return.
He was last seen alive at Peter Nor
tensens house, where he had been in
duced to come By Peter Mortensen.
Mrs. Hay, when she went to Morten-
L.
heard the inside door open and close.
He turned on no light. Why did he
close the inside door? To prevent who
ever was there from hearing what
transpired between him and his caller.
MOrtensen at this time manifested
nervousness by rubbing his hands to-
gether and speaking in a low tone. He
did not offer to go in search of HAY.
If Hay had left Forest Dale to take
the money to Romney the natural in
stincts Of d man would have taken
him to his wife, 200 feet distant. to tell
her Of his purpose. He had told his
wife he would be gone only few min
utss.
Mortensen said at one time that Hay
came to his house and said he thought
ROmney would be worried about the
money. so he would take it. He told
other persons that Hay said Romuey
had sent him word 10 get It.
Knew Hay Was Coming.
Mortensen told Mr.. Morten that he
knew Hay was coming for the money.
as he had arranged for him 10 come, !
and at the same time denied an in
terview which he had read and author
lied
Why should Hay and Mortensen
take an uncomfortable position on the
settee 70 count the money while there
was a table and chairs in the room?
MOrtensen told Royal 3. Young that
Hay carried the money in his pockets.
When Young discredited the posi-
bility OF ii, he said Hay had part Of
it IN sack.
Peter Morteqsen told different peo-
pie that he had the money partly loose
and partly in a sack. and, later. said
he had il in two fruit Jars, then in
three fruit jars, then in four Jars.
He said he had three jars full Of $50
gold pieces. one Jar holds $1,000. He
would have had $4,000.
There was no impression whatever
in the dust on the wall where he
claimed 10 have kept the money. The
windows were open in the cellar. The
statement that he kept money there
is absurd.
MOrtensen told Morton and others
that he would make an explanation
The only explanation has been by his
attorneys in their final arguments.
Were Two ShoTels.
Defendant told Morton he had only
one shovel. a round-nosed one. An
other. a sQuare-nosed ore. the kind
used IN digging the grave, was found
on his premises.
Mortensen told Torgersen 70 come
and tell him what he found The crime
was about 10 be discovered. Hence
his interest.
Hays hat was missing. 1iortensen
broke up clods of dirt the size OF a
mans 1st looking for IL
The stoicisTn manifested by MOrten-
sen since the case began is an uu-
errins index Of mind that Is capable
and cruel enough TO conceive, plot. F.
plan and murder a near and dear
friend An iron nerve, where the
death Of a human being is concerned. .
is not indicative OF innocence. but
shows a hardened, merciIess. aban-