Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1902-06-09

Union the trial Of Peter Mortenseh'
.,"a charge OF murder in the hrst
S,,r,e. was resumed this morning the
s,u,, room of the criminal division Oh
Ne Third district court was wen niled
',, .rectators The proceedings were
,.,.n IN where they were left on Fri
s,v evening, with John Allen, the street
81, motorman. in the witness box un-
a., dissemination by Mr. G. b.
stewart MFR. Allen had with him this
,.o,rug his memorandum book In
which he makes daily entries OF the
,nmter Of hours he works, and turn
hs 10 the account Of last December he
ala that he had worked seven days In
nat month on the Calder's Park line.
In Ma entries OF days upon which he
Mad worked Mr.. Allen had written the
nance OF the men for whom he had
acted as substitute.
M Stewart asked the same or SINH
hi questions to those asked on Friday
afternoon. They were then asked what
seemed to be scores Of times and the
performance was repeated today. In
ths main, however the witness adhered
10 HE 10 me testimony.
M al courtroom
crowded and The warm weather made
The use Of fans necessary.
In an endeayor to get witness to say
that he mad while making a trip from
Calders park, stated TO a fellow work.
man that he was not sure who the man
was that he saw on the track on Mon
day night Me- Stewart ran up against
snag. Ar Allen turned to his book
and said.
u laid on that day"
with reference TO other dates Mr..
Allen was most positive that he had
not said be was not sure the man he
saw VAS Moriensen.
Ar Stewart asked witness II he had
le seen or sent someone TO see Mr..
mon, the street car man 10 whom he
saA TO have made such s statement.
1 Witness said no.
sRn Mr.. Eichnor asked Mr.. Allen
/ \ ~ Henry Mortensen had not been
4 " MIN and asked him to change
MAory Mr. Barnard Stewart arose
w poS an exception upon the ground
Wy me prosecution was attempting 10
lqValce the Jury by making II appear
N Mr. Henry Mortensen and the de-
w were using bad and Illegal
hflAots In this trial.
10y may ask your next question.
ne Judge Morse.
Assln Mr Stewart questioned
is witness, after Mr.. Allen was ex-
uxl and at one time asked:
pn you not, ON the goth of Decen-
w On some other time, make the state.
va. maj you were not sure II was
rackr 's"' v" '"e
NO. Neither then, or at any other
wy positively answered the witness.
ms ended his testimony.
h.ehet OF Police Hilton was re-
t.sa' out upon being asked as TO what
SSohlng The prisoner wore on Dec. IS,
~ stewart objected and was sus-
used.
Depuly County Surveyor McAllIster
u reealled and said that the dis
ances IN the Forest Dale man. the
'estlalnlng Of which ne had not for
aey superintended, had since been
Sscked up personally by himself. and
s,, sao FOUND them all TO be correct ex-
w ~ one minor detail.
NJ Elchnor offered the map in evil
10y. .s* tne defense objected: overruled,
s,. ~ lne map was marked as one OF the
'inblis IN the case.
al. Eichnor here requested that the
,a an ana jury go TO Forest Dale and
~ We premises and grounds. the
tsnce. N 'ee" "ooep'es's s'i-
a'' c. B. Stewart objected to having
jrS uone at the present time. and
80 Morse said he would consider Mr..
Ll!ehnors request. '
~ sutoe Dana 7. Smith was called by
|, ~. prosecution when court re-conyened
ha ~ recess. Judge Smith testified that
Eha, n acquainted with Mortensen. and
IN ~. ne latter appeared In his court
eons s,epIemDer' that he was cited in
W.. on supplementary proceedings.
S ANY, .shsen' he said, was sworn and
M .ns MS examination he said he had
N. aoney, but that he had money ow.
Sr,, W." rom several contracts. Judge
~ was positive that Nortensen.
~. ne had no money.
stssSn cross examination by Barnard
rs' ihe witness testified thar there
trs,s judgment By default In his court
~ ase lhe defendant and that the
81. men were pushing the case.
Al ~ oltlnger, assistant yard man
an. Wy Pacific Lumber company WAS
,cn,,s ana testified that he was we'll
vsIalin'ed with James r. Hav
Nelrhea ssked II he saw MIR. Hay
but T I, counsel for defense objecteg.
lhsr y was oyerrulcd. The witness
na, saiu he did not see him weighed
nv. puV sheriff John y. Cummock was
isra.u aaa testified that he saw Nor
,, IN. on the evening OF Dec. 10 and
, sIls' Ts with him about the money he
Ven ~, lanes Z. Hay He said Morten-
hand ' "hat money he had on
Hd be rl'ness could state what was
s,ewsr vas Interrupted BY barnard
lseyan, - WE asked witness who was
fioek -, we conversation. Mr.. Cum
'''u mat sheriff Naylor. County