The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1902-01-22
PETER M0RTENSEN'S FIGHT
FOR HIS LIFE Is NOW ON


from Page L.
+ ing to the railroad tracks only one set
! OF footprints was left, that is, a mar
row beaten path was made between the
I tracks that led toward the grave
I The remainder of Torgerson's exam
ination was confined TO a description Of
: the surroundings, the answers ELECTED
being calculated as the basis for argu-
ment that one man could not posi- bly,
/ have disposed of the body on account
/ OF the ditch that had to be crossed and
the barb wire fence that barred The
way.
County Attorney Christensen took
the witness in hand and tried TO bring
out definite information as 10 whether
the footprints indicated the presence
of one or of Two men at the grave This
witness could not say.
Police Officers Testimony.
Police officer John David Brown lent
some spice TO the proceedings when
called He told of the hurry up run
made to the scene in the patrol wagon
Wnen the police We're informed that a
body had been found at Forest Dale
After many objections from the defense
The witness succeeded in relating that
he encountered Torgerson, Mortensen
and some other person at the railroad
crossing. Torgerson went with the
patrol driver to guide him through the
vacant lots to the grave while the rest
walked down the railroad tracks TO the
same destination.
he dug up the body, he said. finding
Hays rubbers, watch and all his prop
erty except his hat. When he spoke of
the hat. MOrtensen began breaking up
the clods of earth, saying it might be
frozen in some Of them. The inside
pocket of Hays oveTcoat was turned
inside out as though hastily rified, Wit
ness said.
Mortensen's strange conduct at
tracted his attention and he turned to
Detective George Sheets and inquired
who the man was. Sheets told him his
identity and the witness replied. He is
wrong. He knows a whole lot about
this and is as good as under arrest
now Sheets replied not to modest him
for the time being, but to watch him
closely.
How Mortensen Acted.
MOrtensen kept saying Poor James
continued the witness. He walked
back and forth in a restless manner
and seemed greatly disturbed. When
he went back to the Forest Dale store
he kept walking up to the patrol wagon
and would start off again. Finally upon
receiving signal from Detective
Sheets l informed him he was under
arrest.
He asked me if he could walk over
10 mis- home and I went with him. [
stood on the porch while he went in
side The door was opened and he gave
his wife some money. ] could not see
-
he walked up TO one of his carpenters
and paid him. saw him hand the man
a $50 gold piece.
Under cross-examination witness said
that when Hay was lifted out of the
hole where he was buried Mortensen
used the expression: we have found
poor Jimmy. Poor James, its a hc-rs~
bic DEATH
Attorney Stewart sought to shake
the testimony of the officer as to why
he was suspicious of Mortensen, at
tributing his suspicious to the influence
of newspapers. The officer insisted
that he did not know Mortensen's iden-
tity when he first began to suspect him
why didn't you watch Torgerson2
Why didn't you fasten your suspicious
on him and watch his mOvements2 de-
manded the lawyer
L couldn't watch him for he wasn't
there. He was some distance away
taking charge of the horses of the pa
troll wagon.
Death Dealing Bullet. -
DR.. H n. Mayo was then summoned
to describe the results of the post NOR
tenn examination held on Hays re-
mains. When the physician drew from
his pocket the bullet that caused HAYS
death, Mortensen sat like one under
the power Of some great influence. He
never removed his eyes from the leaden
missile of death until it was taken from
his sight. Then he sat back apparently
relieved
Attorney Stewart objected to the in
PRODUCTION of the bullet, on the grounds
that it had passed from the hands of
the physician, and might not be the
right projectile. After a sduabbIe il
was introduced subject to further.iden-
titication at the hands OF Chief Hilton.
in whose possession it remained durin.
the last month.
a. S. Peterson, Forest Dale. testified
to hearing the shot between $3.50 and 10
O'Clock on the night of Dec. IS. and was
excused after being made the subject
of merriment through Attorney Stew
arts effort to test his memory.
mr. Romney is Called.
George e. ROmney was then called.
He identified the accused as a former
employee. and related the oft repeated
story of the conversation that took
place in his Office between Hay. Nor
Jensen and himself before all three
started home. He told of expostulatirg
with Mortensen. when the latter said he
had $500 concealed in his cellar. and
of how MOrtensen induced Hav to
make out a receipt at his Office. to-
gether with how he gave Hay Morten
sens note to be cancelled when the
was paid him.
Attorney Christensen handed Rom
ney the receipt and mortgage and asked
him to identify the signature. which
brought a storm Of objections from
Stewart, who wanted to know the OBJ
ject.
This paper. Mr.. Stewart. is the es-
Sence Of this case responded Christen-
sen.
Further objection followed. and cour.
adjourned Tith Mr.. Romney still under
examination.
Ralmy Weather in the Basin.
mi.