Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1902-06-12

"A ctewart, OF cOunsel ior ue
p"a po,er Mortensen charged with
lsas ~ hogan the opening arguinen'
pu's ,s. accused late yesterday aias,
i'f ", "a was IN the midst oil MS arsu-
to0, aG Mn court adjourned. Mr.. stew
ren' VIZ Ma address in a low, serious
OIL Oesa .,o, 90 but he gradually warmed
'om " ,hs subject In hand ana soon iiau
w w,,,s,tlon Of the spectators anu Jut ,i,
1870 hsssS upon him. II earnesthess Tu 's
rNs''p ps,sr Mortensen, then surrey us
save Nv cont a long way In that di-
plI @n'' While many Of the spectators
reCu0m ,s,mnsthetlc and did not give
NeIs %e,ght TO his argument, they
lnuya ,aysrtheless interested In his ora
,o.v For fifteen minutes Mr., stewart ,.
w3 ii, respects to the Judge ana Jury
psa u happy style he paid tnem
sns s,.,hute for the patience ana 1alr-
hsp NV nave exhibited. He said he
ns m az" me argument with a feeling
Wy ,Ionsness such as he had never ex-
SSsd.rced In all his life.
BOTH WE'RE FRIENDS.
u,v and Mortensen were close
as! they were both my friends,
,hsv we're both my neighbors, In inns
s ,,U ons man is charged with the awful
srlms Of taking the life OF his FRIEND
snd nelghbor Gentlemen, II mas been
sag KAT iurles are composed OF two or
,s,ss men but It Is mutually agreed
ts,rsan counsel for the state and de-
ssrss that m this case the jury Is COM
,o..d N " men any one Of whom we
mlght trust to Judge this case ana give
Justice TO all. You have a great re-
.eonability. II You acqult this man
vou 40 10 In the face of public senti-
men, that is so strong against him. II
you convict him you must do so subject
10 All the perls Of circumstancial evil
dence. II Is for you 10 say whether or
moi one Of your fellow beings lives or
az, perceive from your faces the
ssf0usness that has characterized you
Al Inc way through. ! believe you
haa been called upon for the first time
10 eclde upon a mans life, and your
A rsgonsIblllty Is greater than that OF
d to.nse for defense. We can only do
4 lAr which appeals 50 us 10 be right. to
II ~ that proper evidence Is put In and
tha let you decide. Your responsible
NJ s even greater than that OF the
tfNutlng attorney Mr.. Eichnor IL
M public prosecutor, and he knows
tAai the public is watching him with
tEilehfrl eye. II he has overstepped
hs proper bounds In this case, II Is
lscause Of his zeal 10 do his duty. This
kncnble and just court will give you
he law, but you are to pass upon the
Expressions made by the witnesses.
You 90 TO your room and there decide
Neiher this man is guilty or not
guilty Of this awful crime. Then you
o 70 your homes, You are out OF the
Pablo eye, but II II should develop that
w had made a mistake, then the pub
y would look upon you with the same
dtiayor that they now look upon this
Unfortunate man. and they would
hand you as towards"
M Stewart then referred TO the time
Hay was first missing and called at
tntlon TO the fact that so many were
i3dy 10 brand him as an absconder.
Y shows how uncertain public senti-
htnt H.
] DO not believe this jury will con-
VI this man unlees the state proves
am guilty beyond a reasonable doubt.
" you DO convict him | Will say you
IN honest, All we ask you to do Is to
" mere as honest men. The defendant
sGs no more, that Is all he wants"
WHERE is THE GUN.
Counsel then read the information
~, sna SAID rs there one thing In this
r,r.Ormalion proved? Where Is the gun?
, mnere Is the man who held the gun?
WAC saw the shot fred? Who saw the
.h WIN the gun? Take the chain that
ny hlcnnor has presumed TO present 10
Ivy and tell me where there is any
ang mat points to this man as guilty"
~ Stewart paid a glowing tribute to
as previous good character OF the de-
INFANT, He said Mortensen did bust
e@ win honorable men. He had con-
lavN mat amounted to thousands and
nuusands OF dollars, Counsel ridlculed
W homney for being Mortified" over
!. statement that Mortensen had 81, 800
y. as mouse Counsel thought Romney
, .a more Mortified about the money
aah ANYTHING else. As to Romney's
,plahallon that the note should be
ancelltd because II was secured by
gpgrlgage, was Characterized as absurd.
1 n1a : Instructions to Hay TO be
s,r ana cancel the note, was. in the
1 o. Mr.. Stewart, IAN after
Sossnt Did he have any suspicion
a 10y, hlght? Not the breath OF a sug.
.suon' Now why did Hay 20 10
NJ NJ mat night2 He was a stock.
., m the company. Romnev was
~ ie,see m the company and was
|, ,ha,s t LOT me money. Is II not like
4, "a. nay thought to himself: 4 am
~ ~, a'ialo 10 keep that money In my
~ osse ! VIII 90 over and Ret A., Is
~ afs' Hays visit TO Mortensen's
~ u'a Anything strange in that
,n ," ,ney make so much out OF the
IN, Una, a Mortensen did not turn the
!. .o ANYTHING unusual In thatY
4, "ss IN his night clothes. A lady
\ a. ,ne door. Did he want 10 turn
lsht clothes?" '"u' !" MS
THE MONEY QUESTION.
, s1en coming down to the money. Mr..
$50, So argued that the various wit.
} ~ n r go, things sadly mixed. as
"A 1 H. money being loose and in lars
/, y sack When Mortensen smoke
II, ring Ths loose he meant loose in the
aos., me mesa. sack is what Hay carried the
4 msn away With, and he put the sack
n, i /, ny. IN bis pockets. He ala not
Iesas.a, oose N bis pockets az Romney
lense,. 10. 70. II was no, strange n Nor.
10 BE- .a naue statements that appeared
NJ hoS v.a.'Fadictory. lie was tortured AZ
nigs, Of the day and night. and
'' anything to get rid Of his