Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1902-06-16
sN0ztensen is
Ne1y Se1ious.
y, Can Die Without Fhnchins i Necessary Wants a
ar,o TraI-His c4iosnels Know Nothing Of One
prisoner Tells New Story About Money Wanted Ftom
His Brother.m Law-LheS Judge but SNof Jury.

against the iron ratings. Not that
was afraid OF the result Ny sorrow
and worry was for my family, because
| love them.
DEEMS 1T INJUSTICE.
II consider a great injustice has been
done me. Now, take the testimony
OF Charley Watkins. for instance. He
got the wrong Idea about that money.
OF course, | don't say that he told any
thing but what he considered the truth.
! don't think he ever cared very much
for me, although we never had a word
In our lives. When he called at the
police station didn't ask him for the
loan of the money to show that mad
Maid Hay. | had nothing TO conduct a
defense with, aud ! told him that ne
might not have 20 put up dollar !
wanted The money for my defense, ana
that is why | asked for 1t.
WOULD NOT BE BELIEVED.
"Well, why did you not go on the
stand and so testify, or have that fact
brought out In cross examination
was asked,
"What would have been the good?'
he asked In reply. MY attorneys ad-
ylsed me not TO go on the stand. They
thought II best. But the next time
shall go upon the stand"
you expect a new trial, them
NEW TRIAL EXPECTED.
yes am sure win get a new trial.
OF course, | cannot say why, because
/ have not talked 1t over with my at
torneys yet; but | expect Barnard
talk about II.
ADMIREs JUDGE MORSE.
az know officers had other clues but
they only made a half-hearted stab at
following them up. | consider that
great Injustice has been done me, but,
as [ said, | have nothing to fear and
| can stand IL. | was greatly surprised
in that jury. / would thousand times
rather have my life placed in the hands
OF Judge Morse than jury
ABOUT THE SHOVEL.
Mortensen then referred TO the testi-
mony OF Torgersen about the shovel
and said he would not have been TOOL
enough to have told Torgersen he only
had the one shovel and then leave the
other one In the barn, And az to the
marks made by digging the grave, ne
did not think the marks WARRANTED the
statement that the grave was aug win
any particular instrument. HIS theory
is that the grave was dug with a DoarG,
that the dirt vas scraped out AS the
reporter turned to 30, Mortensen sald
Some Of the other reporters have
misrepresented me and II you do. YOU
will never get another word out of me-
WHAT ATTORNEYS SAY.
Attys. C.. b. and B. ]. Stewart were
seen at their Office In the MCCORMICK
block this morning, and when asked II
they intended to apply for new trial,
said they had not considered the matter
vet, but II they decided 10 apply for a
new trial they would say so. The state
ment that they had said they would get
a new trial on some errors was denied
by both gentlemen. That was all made
M, we never said anything Of the
kind" was their explanation. They both
said they regarded the criticism OF
Judge Morse for not ruling out Mr..
sharp's testimony with reference to the
revelation as an unwarranted attack
upon his honor. They were both loud
I'm their praise Of Judge Morse's fair
ness and impartlality during the trial.
MIR. EICHNOR,
District Attorney Elchnor stated TO
a News representative this morning
that there was absolutely no chance
for new trial.
"There is nothing for the defense TO
get new trial on" he said. There IL
no error In the record. OF course they
can appeal the case on a number of
points. and | believe they viii do so.
The testimony OF Mrs. Hay of what her
husband said TO her Just as he left the
house is point upon which our SUI
preme court has never passed upon.
But, OF course. II Will be sustained.
Oh no, there Is no change for new
trial AS to Mr.. Sharp's testimony,
the revelation. that was brought out
on cross examination and is a part OF
their case. Judge Morse could not
have ruled that out, There was no
motion riade TO that effect and some |
Of the best lawyers of the state have |
said that mad the court ruled II out, II |
would have been an error
There Is generally good feeling over |
the result OF the long trial. which has |
cost the state nearly $1,000, and Mr. |
Eichnor has received scores OF letters |
and messages of congratulatlon for his |
able prosecution of the case,