Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1902-01-21

and looked lntently at the map lie
then picked up pencil and paper ana
began taking notes IN d rapid manner.
| Attorney Christensen pointed TO every
mark on the map and asked what each
represented II showed the location of
the grave In which the body OF James
X. Hay was buried after he had been
murdered, the railroad track, wire
fence, Hendry's store and residence, the
residence Of Peter Mortensen, his
brother Henry's, Stevensons place and
the school house.
How far is It from the grave TO
| Peter Mortensens house? asked the
states attorney
Measuring from the south door Of
Mortensens place, by way OF the gate
and along the railroad track the dis
lance Is exactly 1892 62-lOO feet"
How far Is It from Peter Morten~
sens place to the residence of Henry
M0rtensenW
| 1T is seven hundred and twenty-five
| feet"
rs there fence near the graye2"
Eyes, the dotted lines Indicate the
| fence"
How far is the grave from the
| fence"
ulull NiNt Nilt ul0NuliA'
"Well, what distance Is 1t from the
track"
"From the grave to the middle Of the
| track It is 81 feet
Nov, about how far Is II from the
| grave 10 the fence@
81 should say about 60 feet"
"Have you the distance from MArten-
sens place to the grave by way OF
Hendry's store?'
Eyes. From the south gate west 10
the corner TO Hendry's store, north to
the railroad track and west to the
grave II Is practically 1881 feet
Counsel then asked that the map be
offered as evidence, but the other SIDE
objected on the ground that II had nor
been shown yet who drew the map IL
was then agreed that the map should
be marked by the official reporter as
Exhibit "a" for Identification.
A map of the office Of the Pacluc
Lumber company was then Introduced
and marked as exhibit &C. me sca'e
OF this map, witness said was men 10
the foot. a. c,st.
In answer to questions of Mr.. CHRIS
Jensen, Mr.. McAllster described IN ue-
tail the interior Of the office and me
location of each piece Of furniture win
reference to large counter which
stood near the entrance Of the ofilce'
How high is that counter
Witness did not know-he had not
mea nlred the height width or breadth
OF any piece of furniture In the build-
ing hut he thought the counter. was
about three and one.half feet high
This answer was objected to by At
torney Stewart and he asked that 1t be
stricken out. The court then instruct
co the witness TO state only that when
he knew. Mr.. McAllister then des-
oribed the desks and chairs In the room
and gave the dimensions OF the room
which were II feet 4-l0 inches north
and south, and 20 feet 42-lOO inches
east and west
The next map brought out by the
Prosecuting attorney was the map OF
The cellar Of Mortensens house, When
lt was nung up Mortensen exhibited
the lNeliest interest In the same ana
studied it critically for long time.
Witness explained that the east wall
OF the cellar came TO the bottom OF
the floor jost, and the wall is not en-
tlrely filled In. After the witness had
given this testimony, counsel for the
defense interposed an objection on the
ground that the witness could not
show by the condition of the house now
what 1t was at the time Of the alleged
murder. The objection was overruled
and an exception was noted,
Mr.. Christensen asked, when the map
OF the Interior of the house was In
troduced, II the two front rooms were
finished or unfinished,
Unfinished, was the answer
Mr.. McAllister then described the
southwest room and the entrance 10 the
same from the porch, and also the con-
tents OF each room The measurements,
he said, were taken on December 20,
1901 to the present time He then tes-
titled that the maps We're all made UNI I
der his direction and that he did most
Of the work on them
Attorney C. r.. Stewart then took the
witness for cross examination aud
asked,
Did you take the measurements
YOURSELF"
mo. made notes while my assls-
tants took the measurements
when was the last measurement you
nader
Yesterday afternoon"
"You never visited the house on the
18TH, 18th or at any time prior to the
Goth, did you2'
mo; | think not"
Mr.. stewart then arose and asked
that all the testimony given by the wit
ness be stricken out Of the record on
the ground that the condition OF the
house al the present time or at the
time the measurements were taken,
aid not indicate the condition OF the
house on the date Of the alleged MUIR
der. and had nothing TO do with II at
ALI The attorney took the stand that
II waseall incompetent
Attorney Christensen vigorously OPP
posed counsel's objection and said that
subsequent witnesses would TESTIFY as
TO the condition Of the house and prem
ises at different times from the date
of the murder 10 the present time. The
objection raised 10y counsel for the de-
PENDANT was overrued and an excep-
tion was noted.
Answering Mr. Stewart, Witness said
he did not mark or notice a settee In
the middle OF the room.
when did YOU take the measurement
of this placer
81 took the measurement of the fln- |
Ished part OF Mortensen's house on the |
23rd OF December. 1901"
when did YOU do the restY"
"On Jan. II. 1901
The celler was measured on the 23rd |
of December. Witness said he noticed !
rack containing a considerable pile |
OF lumber This was In the northeast |
corner of the room He said Il was |
eight feet long and four feet wide
"When said you make the measure
ments OF the Pacific Lumber company's |
Officer
"That was done on the 10th day OF
January"
Referring to the map OF the lumber