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

p,ruard Stewart OF oo','' '.'.aN with
=, peter Mortensen charged WIN Nl,l,
isnse lo' tagan the opening argument
nafdst Od,,sed late yesterday AFTER
!, p and was in the midst OF ms s stsu
lo. W, S ~Sen court adjourned; MT. e 9Iem
ll," segsn his address IN a low ser,o "a
~ wsr soIcp but he gradually warihea
zone q Nv "snhiect In hand and soon hau
W " ivy n the spectators ana jury
ne a;en nron him. II earnestness VIII
rysWoo .,sr Mortensen, then surely ms
save ~ vent long way In that Ill
s .",sT while many OF the spec'H LIE
w. upsympathetic and dlu no' ~ s,
vsaS weight to his argument, .ney
nuon .ysrtheless interested In MS ora
NeIs ' ror Nfteen minutes Mr. stewart
'oIl s,s r.snects TO the Judge and jury
pNp w. hanpy style he paid them
sny ,-Sute FOR the patience and inir-
Ms. tny nave exhibited. He said ne
savvnnsehed the argument with a iee'lns
4 =, ..,ouspess such as he had never eA-
! psr.nced In all his life
BOTH WE'RE FRIENDS.
ausv and Mortensen were close
90 they were both my friends,
y ,,'n' ware both my neighbors. In this
co a one man is charged with the awtul
rrim, Of taking the life OF his friend
Ia ,elghhor Gentlemen, II has been
ssId tbat ,urles are composed Of two or
~. mon but II Is mutually agreed
w - counsel for the state and de-
,sr,s that In this case the jury Is COM
,ossd N " men any one OF whom we
mlgh, trust TO Judge this case and give
Justice to all. You have a great re-
seonsIblIty II You acquit this man
ynu do 50 in the face Of public senti.
msnt that & 50 strong against him. II
var convict him you must do so subject
"a all the pehls Of circumstancial evil
dence. II Is for you 10 say whether or
MOI one OF your fellow beings lives or
dss / perceive from your faces the
n SERIOUSNESS that has characterized you
d Al the way through. believe you
j has, been called upon for the first time
4 d decide upon a mans life. and your
rsgcmlbility is greater than that OF
Il o.ee for defense We can only do
A thn ThIch appeals % us 20 be right, to
! " hat proper evidence Is put In and
TIA let you decide. Your responsible
y N 4 even greater than that OF the
n tiHNutlng attorney. Mr.. Eichnor ~
4 tls public prosecutor, and he knows
u tsi The public is watching him with
Il aEalchful eye. II he has overstepped
DE- proper bounds in this case, Il Is
because Of his zeal 10 do his duty. This
inopble and just court win give you
u law, but you are to pass upon the
EXPRESSIONS made by the witnesses
You 20 to your room and there decide
whether this man Is guilty or not
fllly Of this awful crime. Then you
q 10 your homes. You are out OF the
llbllc eye, but II II should develop that
you had made a mistake, then the pub
y would look upon you with the same
csiayor that they now look upon this
Unfortunate man, and they would
band you as towards"
Mr. Stewart then referred to the time
Hay was first missing and called at
'Huon to the fact that so many were
iady TO brand him as an absconder
y shows how uncertain public senti-
hent H.
! DO not believe this jury will con-
sel this man unless the state proves
iilln guilty beyond a reasonable doubt
y YOU do convict him | will say you
~ honest. All we ask you 10 do Is TO
W here as honest men. The defendant
aus no more, that Is all he wants"
WHERE Is THE GUN.
Counsel then read the information
lho said: rs there one thing in this
r,r.lormation proved? Where Is the gum
nhefe Is the man who held the gun?
Y no saw the shot fired? Who saw the
aah with the gum Take the chain that
|nt Elonnor has presumed TO present TO
XIV ana tell me where there Is any
,,slhg mat points to this man as guilty"
~ stewart paid a glowing tribute TO
W previous good character OF the de-
'rnaant lie said Mortensen did busI-
~ Win honorable men. He had con-
a0s mat amounted to thousands and
|aoasands Of dollars. Counsel riaculed
N homney for being Mortified" over
wv statement that Mortensen had 81. 800
~ Jus mousse Counsel thought Romney
J, more Mortified about the money
ssa, anything else. As to Romney's
...aplanalion that the note should be
.auveiled because II was secured by
pp'vI'sage was characterized as absurd.
Instructions to HAY 10 be
w ana cancel the note, was. in the
u Of Mr.. Stewart. IAN after
Sought Did he have any suspicion
me. nlght2 Not the breath OF a sue-
p 800. Now why did Hay 90 TO
~, tI mat night? He was a stock
$500 The company. Romner was
rss,tesIed In the company and was
,'nions lot the money. Is il not like.
y. Y nat Hay thought to himself: I am
I e', a''ald 70 keep that money in my
,o ! VIII 20 over and get ~ Is
Y DTS Hays visit 10 Mortensen's
49, az ANYTHING strange in that?
~, ,hey make so much out OF the
IN, ulat Mortensen did not turn tho
4. ~, VI ANYTHING unusual In that9
!, vas IN his night clothes A ladv
/, "a, a. we door. Did he want 10 turn
wight clothes?" '"uS III MS
THE MONEY QUESTION.
s, ssen coming down to the money. Mr..
.,ssss argued that the various wit.
d ,bs r s got things sadly mixed, as
Ia H. money being loose and In lars
y q ~ saek When Mortensen smoke
Iars s rhB loose he meant loose in the
49,. ne sack Is what Hay carried H.
:, ~, away with. and he put the sack
IN, money IN his pockets He dia no,
tes,ls.s soose N his pockets as Romney
ttnssn 70 IL was not strange IN Nor.
10 b. s. made statements that appeared
al hos,na trajectory. lie was tortured Al
nigh - Of the day and night and
'sy anything to get rid Of his