Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1902-01-25


Who entertained such motive? Either
a stranger to this transaction or the
defendant. The fact that the defend
ant proposed In the irst instance az
the Office that MI Hay come That even
ing and get the money Que from ',le
defendant 10 the comlAny ana thal Ho
bring with him the receipt ana note Is
a strong circumstance pointing 70
motive Within the defendant MI nay
prepared the receipt and attached the'
note In the presence OF the 9e-
PENDANT but left the 9lIlvr
with Mortensen under POSITIVE
Instructions from Mr. Romney nor 10
collect the money that night ~ nus
been shown that Mr., Hay had Always
rendered Implicit obedience to instfuc"
tions from his superior officers ana eS-
pecially had this been true as TO those
of Mr.. liOmney.
what then took place subsequent TO
that time that caused Mr. Hay TO dc,
mart from his accustomed conduct anu
violate tie confidence repo9ed IN MN
The defendant lode IN company WIN
nav 10 their homes In Forest Dale'
Who could have been interested IN
having Hay cell iOi the money that
night except the defendant?-unless'
forsooth some designing rObber but
ms interest he would not dare 10 re-
veal Hence the Just and only INFER
n,ica Ia that lhe defendant was the only
person interested In having Hay call
FOR tho none. that night There must
have been strong pressure, or Induce
nents brought to bear upon Mr. HAY
That evening TO get him TO disohey his
orders. The Inference Is irresistible
that the defendant is responsible for
Mr.. Hay violating the instruction given
by Mi Eonney; and especially Is this
tue when we consider the testimony
of Mrs Huy who testified that her
husband said that he was going to the
defendants to get the money mat nght
because the defendant had TO leave the
city the next morning on an early tram
without Boing into the evidence IN
detail let Us next inquire what motive
prompted the defendant TO so induce
Hay? II must have been either 10 pay
the money to him or to pretend 10 pay
IL Tho night time is a very unusual
hour for the Payment OF so large a sum
of money. Yet, II the defendant was IN
tending 10 leave the city on an early
train the next morning II would possl-
bly afford some little reason for maxi
ing pigment that night But the very
reason urged lor payment that night
fails to the ground, because the de-
feudant AID not leave the city the next
morning az all. The Just and only In
ference Is then that payment could
have been made the next morning In
accordance with the instructions of MI.
Romney a false nducement thus held
out TO Hay led him that night to the
home of the defendant Was there,
then, a payment on pretended payment
made2 The cellar whore the defend
ant claimed his money was placed was
open to the access oS any one, who
might see ut to enter through It's open
windows; the dust upon the wall where
he claimed the money was stored re-
mared undlstm bed These two facts
throw great distredlt upon defendants
statement, that he had the money
there.
"'rhe note ana the receipt were found
in the possession Of the defendant at
his home but the note, the very Ell
dence Of the debt. remained uncanceled.
II the payment were made IL would be
an unlikely thing for Hay &C. take the
money to Romney that night In the face
Of the instructions given him, or If he
80 intended IL Is probable that he would
have thus Informed his wife either be-
fore eOing TO see the defendant or I'M
medialcly after. / therefore, conclude
that from false inducements held out
TO Hay. from the insecurity of the place
where the money was stated to be-,
from the undisturbed condition In the
cellar and from other suspicious cir
eumsiances, that no payment was ever
made. From the conclusion II follows
that there was only a pretended pay
ment
HAY ala not wander TO the railway
tack where tie blood was found upon
the rail. He was either taken there Dy
force or by induCcment The tracks
leading from that point to the grave
show that only enc person performed
the act Of dragging the body part Oh
the way 30 the brave and Durylng IT,
If Mr.. Hay could have been taken TO
the scene Of the killing by one person
bv means Of force, such person could
have robbed MIN without killing him.
This is hut a natural conclusion But
the inference draw from the evidence
upon this point c0nVlnces me thal iiaS
was induced to go to the place OF XIII
Ing and the ony one who could nave
thus induced han Is the defendant. The
fact that Hay was buried dispcls the
idea that this murder was the act OF
and ordinary iobber | am not Inclined
TO 20 into the evidence further. sitting
as a commttinl magistrate must find
that from the evidence adduced that
there Is sufficient cause to believe the
defendant guilt
oThc evidence herein briefly referred
TO. and the inst differences that can be
drawn thcreirom, lead me to the r.
rests tible conclusion that there Is SUM
cicnt cause 10 Relieve the DEFENDANT
guilty of tho crime Of murder as II
Is charged In the complaint /. there
fore, order that the defendant, Peter
Mortensen. be held and committed TO
the custody of the sheriff Of Salt Lake
onuufy vithout hail.