The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1902-06-14
FATE OF PETER MORTENSEN
IN HANDS OF JURY TODAY
Counsel For Defense Finished Argument Yesterday
and District Attorney Will Conclude Today.
Affecting Scene When Mr. Stewart Wng Sobs From Prisoners
Father and Tears From Many Others

down completely and sObbed aloud.
while, perhaps, half-dOzen women in
the audience wept. The tears glistened
In Peter Mortensen's eyes, but he did
not give away.
Separated From Family.
"Who did ito" cried Mr.. Stewart.
Who took his wife and children from
/ him? Oh, YOU know. You saw the
Watkinses. You heard how they rushed
out Of the police station with that pa
per 10 this mans prosecutors as
child runs to its mother. 10 brand
their own blood with the stigma OF in
fanny.
Gentlemen of the jury. I ask you
again if you can believe this loving
father, kind husband and faithful
friend guilty Of the most foul crime
in the annals Of crime"
, In conclusion, Mr.. Stewart recited
Portals plea on mercy. His closing
words were
Gentlemen, DO your duty"
As he finished the elder Mortensen
rushed to Mr. Stewards side and wrung
his hand warmly.
Mr.. Eichnor began his closing argli-
ment at > o'clock. At the outset he said
he would not call any juror by name.
as the defense had done with every
member of the jury, because it was
| considered highly improper, and in
some states was error. Before refutfng
some of the sOphistry and futile at
tempts of the defense. the prosecutor
said he wanted it understood that Nor
Jensen had not been misureated I'm the
county jail, for. if he had. his attor-
neys would have rushed into court with
/ their complaints. If they did not. il
would be TO their shame.
( on the periIs Of circUmstantial evil
! dence, Mr.. Eichnor argued that if all
/ defendants were to 90 free out OF fear
/ that Juries viii make mistakes. society
/ might as well abandon all efforts for
protection. As to the gun the prose
! cutOr declared that in nine cases out
Of ten it is impossible TO produce the
! weapon.
Might Have Hidden Gun.
Peter Mortensen had thirty-sfx
/ hours the start of the officers, ne said.
/ How easy to lose il, in a pool or
slough. If we had the gun they'd raise
/ the same cry as they did about the
| shovel, There was no blood No. Nor
\ Jensen didn't 20 into this TO get caught.
I II s easy to burn hat vest OF bloody
shirt.
You heard them argue yesterday.
after trying to discredit the testimony
/ about the dust on the cellar wall, that
! If the impressions were covered Up. the
/ wind blew dust in through the window
! openings and covered the impressions.
/ Gentlemen, there was snow on the
ground in Forest Dale. Where did the
/ dust come frOm?"
Mr. EichnOr referred to the argument
| that MOrtensen and Hay took the set
tee to count the money on because IT.
was uD against the wall and out OF
view from the raised blind
Why, in the name of common sense. %
he asked, didn't they pull down the
blind? If that isn't sophistry, I've
studied logic in vain"
The states attorney said Barnard
Stewart possibly brought out the reve-
latiOn testimony for some Interior our
pose. 1t certainly was not the fault Of
! the state that it came out He said
Stewart would have the jury believe he
played the Napoleon in ss-eXamining
Sharp on the subject, but IF he did.
Mr. Eichnor declared counsel played
the Don QuiXote when it came 10
Charles Watkins testimony, and fought
Windmills.
Abuse of Watkins.
Mr.. Eichnor dwelt for some time on
the fact that Watkins was not cross
examined, but was only attacked and
abused in the arguments Of the de-
Tense.
The states attorney gave the jury
to understand that had he attempted 10
put Mrs. MOrtenseu on the stand. it
would have been an illegal and fatal
error, and resulted in the setting aside
Of a verdict Of guilty. This was ia
answer TO c. B. Stewards demand:
Why didn't they put Mrs. Mortensen
on the stand? We haven't objected. .
Stewart was excited. counsel argued.
or he would never have spoken as he
did. The theory Of the murder adj
vanced by the defense was anaIyzed
and characterized as unreasonable and
absurd
Continuing, Mr.. Eichnor took I'D the
financial statement, and reafiirmed its
Importance. If MOrtensen had got
money from any source, Mr.. EichnOr
argued. the defendants energetic at
tOrneys would have lost no time fin
showing it. The crime was planned on
/ Monday morning, if not before, accord
ing to the prosecutor, and the giving
of the order on Mrs. BriXen was a
blind on MOrtensen's part, as was his
statement to John NJ. Cannon that ne
had a big settlement to make.
Mr.. Eichnor. at 8 o'clock, announced
that he could not finish before this
morning, and adjournment was taker
until 10 a. N.
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