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

1 tormentors. But his statements had
| been garbled Mr.. Stewart explained
| the use of the settee in this WISE Tne
| blind at the north window was not
pulled down. Where the folding doors
| were TO be In the east boards were nailed
M and there we're large cracks In them.
| The settee was low and by sitting on 1t
| Mortensen and Hay could count out the
money and not be seen. Mr. Stewart
made most of little discrepancies In
the testimony to show how even hon
est witnesses could be mistaken.
"Now take Or. Mayo's testimony. He
said there was great deal OF blood
from the wound in Hays head, II Is
inconceivable that man could HIT
that limp body over the fence without
being covered with blood. Where is the
blood? Have they found ity'
Just before adjournment, Mr. Stew
art referred to Aliens testimony and
asked the jurors to try after dark, TO
recognize some person 10 or " feet
away.
GREAT CROWD TO-DAY.
The crowd was even greater this
morning than at any other session OF
the trial. Chairs and benches were
crowded right up TO the attorneys and
repoters tables, and II the trial goes
on much longer the newspaper men VIII
have TO sleep In their chairs In order
to hold them. Some OF the ladies' were
so eager to secure a seat that they
made away with the reporters chairs
despite the courts instruction to the
baliffs that the chairs we're not TO be
disturbed.
Mortensen appeared very calm when
he was brought into court this morn.
ing. His father brothers Henry and
Jesse and Mrs. Henry Mortensen were
present and took seats near their rela-
tive.
At 1904 o'clock. Atty. Barnard Stew
art resumed the opening argument for
the defense. He said In part.
MIR. STEWART RESUMES.
Gentlemen, we have taken up the
relationship that existed between Mr..
Romney Mr.. Hay and Peter Mortensen.
Their relationship was business ana
friendly. We have taken up Mrs. Hays
testimony and considered various con-
versations testified to by witnesses
who have been on this stand. We have
discussed where and how the defend
ant kept the money and how he paid 1t
TO James K. Hay
Mr.. sHARP's STATEMENT.
now desire to take up the testi-
mony OF Mr.. Sharp: We have the visit
OF Mortensen and Romney TO Mr.. Sharp,
and his instructions for them to go TO
the police station which they do. Mr.,
Sharp goes to number of places and
we find that he goes TO Peter Morten-
sens house and has conversation with
Mrs. Peter Mortensen. She tells him
OF Peter paying the money to Hay
and goes and gets him the receipt. Az
ter that Mr., Sharp takes Mortensen,
Sheets, Romney and his son Heber
Sharp and others into the north room
and there Peter Mortensen tells how he
paid Hay the money. Mortensen shows
Sharp where he last saw Hay. He went
to the door and saw him when he left
the gate. Mr., Sharp insists upon the
particular spot where Mortensen last
saw his son-ln-aw. Mortensen realizes
that Mr.. Sharp Is full of feeling and
sorrow and he goes down and deslg-
mates the place he last saw Hay Then
Mr.. Sharp said that Is the spot where
my son was murdered. and naturally
Mortensen saks him how he knows that
Hay was murdered. Mr.. Sharp replied
that the proof of II would be that the
body would be found In the field not a
mile from the spot and within "a
hours. Then he charged Peter Nor
Jensen with the crime. Sheets said
he said 10 Romney and Mortensen
you people are responsible" Sheets
said he said Il 25 times. and doubt
Ia. - Eel
OF sorrow. Then he goes 10 the cellar
window and looks In and calls Peter
Mortensen an inhumane being for keep
ing the money In the house. Mr., Nor
Jensen went to the cellar to get the
money and he took q light, and II any
one was about they could have seen
him get the money. on the stand here
Mr.. Sharp said II was vile and that no
honest man would keep that much
money In the house.
MONEY ON WALL.
No one could see the top OF that wall
from the outside, and when you con-
slider II was q very desirable place to
keep the money. No one would ever
suspect It being there. When he got
to the patrol wagon and began talking
to the body Of his son in-law, he did not
speak TO Mortensen, and when he said
he murdered you for paltry piece OF
paper Mortensen considered his feelings
as gentleman. and said nothing.
Mortensen realized that censure was
upon him for paying the money. But
he went to Sharp's 10 see what he
could do. And Mr. Sharp welcomed
him TO his home. although he believed
Mortensen guilty and had seen blood on
the track. Mortensen asked for the
receipt Anything strange about that?
He paid the money and without the re-
ceipt he would have nothing TO show
for II. Sharp charged him with the
crime because he felt that he was gull
ty Mr.. Eichnor has told you that Pc
ter Mortensen did not deny Il. He put
great stress upon II. With all due re-
spect 10 Mr.. Sharp, ! ask you gentle
men OF the Jury II YOU believe that
man who would come into this sacred
place. court OF Justice. and assume
the righteousness OF a sacred comnun-
Ion and tell you that he had that revel-
alton? | doubt not he may have be-
lleved he had revelation, but I am
like some OF you. I don't believe he had
H. Like Mr. Daily said, my God IA In
higher and loftier business than 10
NEEDLE with such things. I have no
hesitancy In saying that II was the re-
suit OF feeling. of sorrow and worry.
Compare his attitude In this case with
bis past life. He IL man OF honor