The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1902-06-04
TO ENVEL0P
JURY IN DOUBT
How Lawyers Hope to Save Peter
MOrtsnSen
May CALL NO WITNESSES
MAKE IT APPEAR THAT OTHERS
MAY HAVE KILLED HAY.
MAY CALL NO WITNESSES

HE Indications are stronger each
5sv as the trial proceeds, that
/ Peter Mortensen win depend upon
,-. states witnesses to create a 'rea- /
..-arra doubt" which the jury has
s,,aro to recognize when once it APP
,cgrs The method of the cross-exam-
t-,,f.r The nature Of the questions
asked and the Importance attached 70
some points that appear trivial, all
fafrt strongly TO the supDOsition main
tanned by some. not alone that Morten-
CON himself win remain of the stand,
brf that no testimony will be intro
dueeI by the defense.
TWO or three times since the begin
ming of the trial the theory of the de-
f.rsc regarding the murder OF James
r Hav has seemed apparent from the
I1estfuns of the defendants attorneys.
Yesterday the atraws were more nu-
rcr9us than ever, but were blown in
new direction.
10 would not now surprise those who
have been iu attendance daily 10 hear
rba theory advanced that Hay was fol-
lowed fo his home from the office of the
Pacific Lumber company by some one
who had learned he was to receive the
large sum of money from MOrtensen;.
frer followed 20 Mortensen's house.
where the parties lay i'm wait for him,
and murdered as he left Mortensen's
with the money The possibilities of
srrb "a theory were shown yesterday
bv the denomination of George
Ernest Romney. which took up the en-
tire day in court.
Defense Outlining Theory.
The defense drew from Mr.. Romney
Yesterday statements. in substance, as
follows. During the conversation be
tween. Romney. Hay and Mortensen at
the office about collecting the money
that night. the doors Of the room were
open. 1t was quitting time and sew
eraI of the employees probably came into
the Office A number of people were
around there that evening. Anything
said I'm the room might have been
heard outside. Hay made a jocular re-
mark saying:
"I believe I'll get this money and skip
10 New York. but I'm afraid Mr.. Rom
uey would catch me before ] got half
way" They an laughed over it, The
three started uptown and paused at the
Valley House corner. They were still
talking about the money.
ON the corner named is q saloon and
q number of IoitererS might have been
around. possibly transients who had
come from the oregon Short Line de-
pot
Hay Was obedient Employee.
Romney testified that Hay was not
man likely 90 be persuaded-that he
hsj mind Of his own. He never hal
d.soheycd the instructions of his man
ager. and ne never would, Mr.. Romney
said unless some great pressure was
brought to bear upon him, and even
then t would be doubtful
This answer was probably to show
that Mortensen could not nave induced
HAY 90 come after the money that
night Mortensen says that Hay came
Oh him for the money, saying he
thought Bomney would be worried
about e.. and that he gave IL to him
under protest.
Mortanspn and Hay were bosom
friends and helped each other in BUSH
ness, Mr.. Romney said. Morteusen
acted very sorrowfully. sympathetic
and depressed over Hays disappear
a1,c on Tuesday. as much so as the
witness. His remarks at various times
might be- used with effect. Poor jim
my they've murdered him; they've
treated him brutality he said when the
body was discovered. IF anything has
happened 90 Jimmy. he said 10 Ernest
B0wUey, II viii always feel that I am
t' blame for IT, for paying him that
money" His anxiety to find Hay
Tuesday morning and all his converse
ton with Romney that day, it may be
said indicated a guiitless conscience.
No Witnesses For Defense.
So FAR as known. the defense has not
set subpoenaed any witness. Ii is not
likely that Mrs. Henry Mortensen will
go uu the stand. should she do SO for
Che defense. her answers on cross ex-
animation, If along the lines Of her
dispositions now iu the hands Of the
county attorney. would injure the de
Tense. The state viii not call her That
much .- known
The CroSs-e examination Of George Err
H'sy E1mmey by Bernard J. Stewart
Was resumed no 10 a. m. The witness
answered many questions regarding the
business relations between him and the
defendant lie met Nortensen about
hEe years ago and employed him. first
as q day laborer. and afterwards as SUI
te.ntsndent OF important jobs. Their
relations were cordial and friendly.
I'D not Hay frequently visit Nor
tHsfn tu the night time and consult
Win him about business"
a don't know. I never heard So"
His Advice TO Mortensen.
Attorney Stewart read portion Of
MT tomDeys testimony at the pre-
urinary examination 90 show discrep-
."..rS HC then asked the witness n
N was not true that he tROmney) had
atE'sea Aorteusen 10 keep his money
....F cover when the defendant first
H MIN that the collection agency was
pounding him. and Romney replied that
1Hd. He had always considered 10
..s1 ,o Keep money in q house. how
You don't know when Peter Nor
Jensen Sot the money"
Whether he got s, ON the morning
.- Monday and kept 1T I'm his house only
ON. fgy-'
DON'T know when he got it, He
S..t 1r had been accumuatiug &c foI
...f. weeks. 7 only asked him why
..tN G bring ms the money. He saif
.1- ready Co pay us If we would
%L .'r Che money that nivht"
Nu". isn't 10 true that MortruSeT
t 1e had the money az his hous,
- t'at you could get il that night OF
IN Pho morning.
N. SIR. he said that night. nothing
.s said about the next morning al
Top are positive about thate"
Absolutely.
Then what was saidc''
Collection Of the Money.
The three OF US agreed that th
money should be collected the follow