The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1902-01-22
TESTIMONY BROUGHT
OUT FROM WITNESSES

Maps, plans and diagrams-aH grim
ly suggestive of some uncanny thing
because of the presence Of a little dot
marked grave"-fOrmed this principal
exhibits and the center of interest al
the ,Mortensen hearing, The exhibits,
huge affairs covering every spot having
any connection with the Hay mystery,
were the product of the county survey
or's office
That part Of Forest Dale made IA
nous by the murder mystery. the cellar
Of MOrtensen's partially completed
home, the ground plan of its main
floor, the location Of its furnishings and
the details OF the Office of the Pacific
Lumber company. were all worked out
on a uniform scale and suspended upon
an immense easel so that every loca-
ton referred to could be readily under
stood by court, counsel, witnesses and
spectators.
Nine Witnesses For State.
With this unique, business-Iike set
ting, the dreary sequel to the tragedy
of the night of Monday. Dec 16, pro-
ceeded to unfold. Nine witnesses had
been called by the state. John d. H.
MsAllister. Frank Torgersou, Edward
Jenney, Ernest Romney, J. d. Brown,
DR.. H. n. Mayo, Mrs. James r. Hay,
James Sharp and Oscar Peterson. II
the defense had witnesses on hand
their identity was not divulged. Such
a suggestion was thrown out by AttOr-
ney c. B. Stewart, however, in a mo-
ton that 'all witnesses, whether for
the prosecution or defense, whether
subpoenaed or otherwise" should be
excluded until called to take the stand.
The proceedings opened with a mat
ter Of fact, business like snap that
proved a bitter disappointment to the
spectators. The weeping wife, who is
usually permitted to sit beside the &C
cused in such a case. and whose pres
ence is used to tremendous advantage
by criminal lawyers to influence emo
tional jurors, was not on hand.
Position of Mortensen.
If there was anything to appeal TO
the emotiOnalist 50 far as the peculiar
senses are concerned it was the pathos
that clings to a man abandoned to his
fate by those he holds most dear. Such
was the position of Peter MOrtensen.
The chair usually occupied by the wife
on such occasions was reserved for the
faithful brother. whO whatever he may
dread or know in his heart. has aban-
dOned his business and devoted his
money to aid the accused in this, his
greatest hour of need.
J. D. H McAllisteT of the county sur
veyor's office was the first witness to
be called TO the stand. BY the aid of
a note book to which he frequently re-
ferred. he gave a complete explanation
of the surroundings. From Peter Nor
door, where Hay was last seen
alive, to the grave down the lonely
Park City railroad tracks, where his
body was unearthed two days later,
witness said was precisely 1342.62 feet.
The distance from the grave to MOrten-
sens door by the route the state claims
was used by the murderer in returning
to that spot when his terrible work
was completed was 1,420.16 feet.
Describes the Grave.
The grave he described asfbeing nine
ty-one feet from the railroad tracks
where the fatal shot was fired, and
Henry MOrtenseu's home 726 feet from
that of Peter Mortensen.
The object of this prOsaiC recital is
to enable the state to demonstrate how
much time was required in the COM
mission of the crime and the amount
Of time consumed by Mortensen in the
he admits he made that
night.
The evidence of Mr.. McAllister was
also necessary to permit of the use Of
the drawings made under his direction
Counsel for MOrtensen made q hard
fight against the introduction of the
latter. but the court admitted Them
conditional upon the state proving the
illustrated We're the same on
Dec Is as represented in the draw
ings. Attorney Stewart for the defense
noted exceptions TO the ruling of The
court.
Under cTOSS-eXaminatiOn. Attorney
Stewart used the yi,ness 60 lay the
foundation for his defense He brought
out the arrangement of doors and win
iOws at the both the Offices Of the Pa
ciic Lumber company as such that
transactions with Romnev
and Hay could be seen or heard by
others.
Mortensen's Home.
In examining the witness concerning
the furnishings of Mortensen's home
shown on the diagram, the lawyer
made an effort to discover what had
become of the settee Mortensen claims
Hay and himself occupied While count
ing out the gold AIorteaSen asserts he
paid Hay. He received no information
for prior to the visit Of the witness TO
the premises the officers had removed
the piece of furniture Il is held as a
mute witness 10 prove that the men
could not sit upon it and transact their
business.
Young Torgensen, who discovered
Hays body, was next heard. He told
IF his trip to the big field on the morn
ing of Dec. Is and his horrible discov-
FRY. precisely as published in The Her
aid a month ago. The story of how
loaned him shovel to dig
into the mound and later teIephoned
The police concerning his find. the loca-
ton of the blood spots. the direction
IF the footprints about the grave and
part in helping TO exhume
the body were all recOunted. and the
witness was turned over to the defense
for cross-examination-
Torgersen on the Stand.
Attorney Stewart was very anxious
10 discover how near the Forest Dale
Chinese gardeners shack was to the
grave, whether fOot-tracks led away in
-har direction and towards the pond
n the field. Then he got down TO
business. The witness said thar two
sets of footprints led from the rail-
'Oad tracks TO the grave. the tracks
n the snow being three feet apart.
On this the defense blazed the way 10
attempt to shew that the tracks Were
made lay Two men carrying the dead
BODY % Hay between them. in return