The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1902-06-11
ARGUMENTS IN M0RTENSEN
CASE WILL BEGIN TODAY
Attorneys For the Defense Occupy Less Than an
Hour in Presenting Their Case.
Sudden Ending Creates Some Surprss-Three Witnesses for
Impeachment Only

prints OF the implement used were
those Of a square nOsed shovel.
Mr.. Powell recalled, testified that
Mortensen paid him $50 on the day
of his arrest.
IF the court please, I desire to state
that the prosecution rests" announced
Mr. Eichnor, at 1857 a. m.
Mr.. Stewart waived his right to make
a statement. and called. as the first
witness in Peter Mortensen's behalf,
Royal 3. Young.
On the evening Of Dec. Is, Mr. Young
said, he took the o'clock car for For
est Dale. The moon was about half an
hour up. When ne got home ~ lighted
a lantern TO go to his barn, being UNI
able 10 see without the light.
Martin Fesier was called. lie is a
plasterer by trade. and has resided in
salt Lake thirteen years. The witness
testified that ON Dec. is or 10 he was
on John Aliens car. and had a con-
FersatiOn vita him, wherein he tAllen)
said that he would not want TO swear a
mans life away on what he saw, hav-
ing reference TO the night Of Dec 16.
Mr.. EtcnnOr, on CrOSs-eXamlEatiOn,
Grew from the witness that he had
talked with Henry MOrtenScn about his
testimony.
James G. Palmer, motorman for the
street railway company, was called.
Mr.. EichnOT objected to his testifying
as to any conversation with Allen, as
no impeaching question had been put
70 Allen regarding Palmer.
The objection was sustained
Pearl Hill. barber, testified that Allen
came into his shop on Dec. 20 and. in
the course of their conversation, told
Ia hrf 4
be positive that MOrtensen was the
man he saw. As he had told the police.
he is alleged TO have said. ne did not
see enough at the railroad crossing TO
swear mans life away.
Hill was subjected to a vigorous
denomination by the district at
Jorney. He said he had taken great
interest IN the defense in the case that
he had helped 10 find witnesses for the
defense, and that he had repeatedly ex-
pressed his belief i'm the innocence of
the accused. The witness suid he had
known Henry Mortensen for s.x. years.
Mr. EichnOr then brought out that
the witness had visited the Office of
The Herald and read the f.es regard'Eg
the case, tor the purpose, he testified.
OF finding the exact date OF the CONVEX
sation with Allen. Last sunday ne was
~ Forest Daic. inspec ing tha vicinity
OF she tragedy.
on redirect examination it was par
tally revealed that the witness had
stated his aversion to going on the
stand, and was told by the DEFENDANTS
attorneys that if he would hnd some
body else TO whom Allaa had spoken
similarly, be would be excused. The
witness, therefore. had talked to Mr..
Fesler and Mr.. Mitchell about testify
ing Mitchell. he said. is in Omaha
All Dsfense's Testimony.
The defense rests" announced c. 3.
Stewart at this juncture. the hour be
ing 2.55. A murmur Of suppressed
wonder and excitement seemed to
sweep through the room The defense
had occupied exactly f1fty-eight min
LteS.
MI Eichnor here renewed his request
that the jury be escorted TO Forest
Dale. and was not opposed. The court
appointed Royal Is. Young to go with
the jury as guide and point out the
various premises indicated upon the
map used during the trial.
Mr.. Young was duly instructed by
the court, and shortly after o'clock
the start was made for the scene Of
the homicide.
MortenseH's house was inspected, in
Guiding the cellar, and the jury then
visited the railroad crossing and the
grave, taking about two hours for the
trip, which was made by special car.