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

prosecuting attorney Is responsible for
bringing out that revelation. Why did
he not leave out the soliloquy over the
dead body? Sift these statements and
see II | am not correct Why was that
play made In the presence Of the dead
mans sisters? Was It not to influence
your"
Mr.. Eichnor asked how the jury could
tell that the sisters were In court The
jury could not read their names from
their faces.
IMPRESSIVE PLAY.
"They have eyes" replied Stewart.
land they could see them dressed In
black Now | want to ask Mr. Eichnor
II he believes that revelation. Let him
tell this jury II he believes II. If he
does not why did he put Mr.. Sharp on
the stand? This II case where a
mans life is at stake and where great
principles are at stake, and care moth
Ing for friendship, fear neither friends
nor enemies, Mr. Echnor ! believe to
be an honorable man, but | believe he
erred In putting Mr. Sharp on the stand
to prejudice this jury. In his opuening
statement he said II any witness either
for the prosecution or for the defense
committed perjury he would have them
cs.ested before they reached the eleva-
tor Did he believe James Sharp? Did
he believe Joseph Jensen?"
Counsel then referred to the finding
of the body by Torgersen and Morten-
sens actions when the body was UNI
covered How he telephoned to the po-
lice, and asked the Jury II his actions
were Ike a guilty man. Mortensen was
the first TO say Lets go down" There
Is nothing in his conduct that points to
his guilt. But II a man IL nervous he
Is guilty, II he Is not nervous he is a
hardened criminal and Is guilty any
way"
ANYONE LIABLE.
Circumstances can cast suspicion on
almost anyone. That night when
came home, after hearing of the muir
der, | began TO ask my wife where
was, / was out that night and II any
one had been at my house and | had
come home and acted strangely suspi-
cion might have rested upon me. Peter
Mortensen had been my client for a
number OF years and had transacted
a great deal OF business for him.
Put yourself In his place as he has sat
there during this case and you would
act strangely.
They put one man on this stand who
went down there and opened his eyes.
lie said there might have been doz-
en- tracks, that there was a well beaten
path In the snow. Yet there were wit
nesses who said there were only two
sets Of tracks | would believe Mr..
Royal b. Young In preference to any OF
them.
Who was II that made the track off
towards the slough and on through II
and did not return? They didn't ex-
plain how that track came there.
ABSENCE OF BLOOD.
How could Peter Mortensen carry
that body and get II over the fence.
gentlemen, without getting a spot Of
blood on his clothesY They examined
his clothes at the police station and
didn't find a spot on them.
AS TO MONEY.
Mr.. Eichnor has told you how they
have labored TO show that Mr.. Morten-
sen did not have the money. That Is
the link he holds so closely to his bos-
ON. Let us see about II. He was told
that unless he could show by his books
that he had the money he would be
held for the murder. When his broth
er-ln-law asked him II he could show
that he had the money. he said yes.
but my books are In had shape and
II will be necessary TO show that you
loaned me from 81 900 to 81, 500. Wouldn't
YOU, under such circumstances. suggest
such o thing? He said that he would
be able 10 prove he had the money
and that he paid II to James r. Hay
after he was out OF this trouble.
CHAsTIsEs BRoTHERs-IN-LAw.
What did those brothers-ln-law dor
They proceeded to publish 1t 10 the
world. Where In this world can you
find a brother-in-law who would be so
willing TO brand the children OF his
sister with the brand Of infamy which
would rest upon the children OF MUIR
derer? There are those conscientious
brothers-in-law Would you believe
such men?
MoRTENSEN WEPT.
For the first time during the entire
trial Peter Mortensen weakened. and
when the above touching reference was
made TO his children and the actions
of his brothers-in-law he wept freely.
the tears rolling down his cheeks in
rapid succession until checked by his
handkerchief. He gave way TO his
emotions for only few seconds, when
he gained control OF his feelings and
forced back the tears. Others In the
court room were visibly affected.
II is true Mr. Elchnor has stated
that the defense tried 10 manufacture
no evidence. He has pointed at Henry
Mortensen and said that he tried TO
brIbe witnesses. Henry Mortensen has
been with me for days and know that
he has not done one dlshonerable thing;
he would rather have his brother go TO
the gallows than 10 stoop to such
thing.
Mr. Stewart then referred to the in
cident in connection with the examina-
lion OF Juror Hemsley, when Mr.. Eich-
nor accused him OF looking at Henry
Mortensen and some signal passing be-
tween them. while the examination was
going on. Mr.. EIchnor objected to the
statement on the ground that the incl
dent was not In evidence In this case
because TX nhpptntu ueiole tne jury
was completed. Judge Morse Informed
Mr.. Stewart that he could not use that
incident In his arguments because II oc-
Cured before the jury was completed
and hence was outside OF the evidence.
.rgb FINANCES.
Now Ia regard TO the financial state
ment the state has introduced. The
Arst evidence Il that Of Dana T. Smith,
who said that Peter Mortensen swore
in his court on Sept s. that he
had no money on hand, but that he
had money coming in on some con-
tracts. They then jump 10 Oct. 8, with
no explanation whatever OF the inter
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