Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1902-06-11

may be said that they have introduced
no other evidence. These gent emen
deserve the honor Of this Jury for the
| manner In which they have conduct
| ell their case; and when they walk out
| OF this case they can say that they
| have done their duty. Their conduct
has been honorable In every way and
| say il Ii 70 their credit and TO the
honor OF the bar Of this state that
| they did not manufacture any evidence.
Nov, In regard 10 the testimony OF
Mr.. Allen, he said when he approached
the railroad crossing he thought he saw
a spotter. and he stopped the car With
In 70 feet OF the crossing. He might
have been dIsobeying a rule OF the
company that night and was anxious
10 see who the man was He then
started the car and as he crossed the
track he leaned over the west gate TO
see the man, When the car crossed
there was a click, and the man turned
around, and Mr.. Allen recognized him
as Peter Mortensen, He said the night
was clear and the moon was shining,
but he did not know where the moon
was
Now, they put on two gentlemen to
impesch Mr. Allen. Martin Kesler said
that he had talked with Henry Nor
Jensen on different occasions about his
testimony several weeks before II
Was shown on cross examination that
he was very friendly towards the de-
tendant. Then they put on Pearl HILL
the gentleman with a high collar, a
man whose dress would do credit 10 any
advertisement or clothing Arm. Mr..
Hill had refreshed his memory In Re-
gard to the case from the Herald. |
When asked In cross.examination about |
refreshing his memory. he laughed. In |
the next instance he denied laughing, |
That shows the character OF the Wit
ness. He also stated that he was very
much interested In the case, and had
trled 20 get witnesses for the defense.
Now Mr.. Alien had no object In
testifylng falsely. He Is q man Of good
stsndlng. or The other hand compare
him with Pearl Hin and his actions
on the witness stand and you can
judge which has the better character,
Gentlemen. you have an outline OF
the case. You have all the links OF the
chain. First, you have Peter Mortensen
going down 70 the Pacific Lumber
company late in the evening. and tell
Ing them he had the money Next
you have him telling Mr. Hay TO make
put the receipt. Then you have Mr..
Hay going after the money. Then
Mr. Mays body Is found murdered
md the receipt and note in the
Of Peter Mortensen. You
AVE the defendant telling conflicting
tories about the money; where he got
{ and whore he kept IT, Then you have
picture which shows that he did not
ave the money.
Now, go through the entire case, and |
ow can you explain II, until you jump
yer II and take guess, Now, gentle
len. one word about the death penal
y That penalty has been In use for
ears and years; first we have II laid
own In the Bible that Whatsoever
heddeth mans blood. by man shall his ;
lood be she'd" Nearly every nation
az the death penalty. In the United
tates every state, except Michigan,
as It, Colorado abolished the death
enalty and then reinstated II on the
atutes. Not long ago a judge In De- ]
oft was passing sentence of life inn
'isOnment upon music teaC<sr who :
nd murdered young girl. He said he
greeted very much that he could not
ass the death penalty upon the muir
.rer. A man who murders man like
imes n. Hay In cold blood has no q
ght to live; he who murdered a man !,
ie James r. Hay within 1900 feet OF
5 sleeping wife and children has no L
ght to breathe the free air Of God. His II
'e should be blotted out. / don't ask /
N gentlemen to let me do your think n
& for you take the facts and the evil Il
nee to the jury room with you and c
ason II out In your own way. Cen j,
men OF the jury | thank you. +
STEWART FOR DEFENSE.
Barnard Stewart had just commenced q
) argument for the defense when the 90
,ews' report closed for the day. y