Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1902-06-13
/, has. B.Stewa1t
Finishes Speech
4, Snzp of The Defense 10 The Jury in HE Morfensen
49, h, Txlal Today-cMr. Eichnos requests Him 10
81. within The Bounds of The Case and HE Testi
..,rO THAT Has Been Introduced.


was not dead,
This merely shows TO you gentlemen,
how that man was laying the founda-
tion to convict himself Of murder but
the man recovered. Perhaps many OF
you may have been surrounded by Pc.
culIar circumstances which would be
hard for you to explain. 1t does not
pay TO cover up crime. Supposing
should have been riding out on the hill
where that old man Collins was killed,
and those boys should have kept quiet.
Suppose someone should have seen me
there? Would they not say right away
that was gulltyY"
The attorney then repeated the story
related yesterday Of the prosecuting at
torney who quit his practice because he
had convicted an innocent man.
Now then, In this case where Is the
gun? The officers have searched and
searched They even went through all
the second hand stores"
"Mr. Stewart, Is that in the testl-
mony?' asked Mr. Eichnor IF the
court please object to the statements
OF counsel to something that was not
brought out IN evidence"
The Court-"Counsel will coniine him
self to the evidence, and not 80 outside
of IT,"
III he had purchased the gun" con.
tinued Mr. Stewart, "either In Ogden or
Provo or borrowed the gun, they would
have learned something Of It. But
where is it?" Counsel again referred to
the Hays case, Pointing to the defend
ant, counsel said THAT man may be
deserted by all save his aged father and
the faithful brother who have stood be-
side him. II his mother were living she
would be by his side. Even his little
childsen are not here, and are they to
grow up knowing that their father has
been branded as murderer
Counsel then went after Allen and
Chief Hilton again. THE testimony OF
Allen and Jensen is the only direct eyt-
dence. Suppose Allen did see Morten-
sen with a shovel on his shoulder. Does
that prove conclusively that he mnr-
dered James r. Hay? Do you know how
Chief Hilton got Allen 20 identify Nor
Jensen? Do you know how impartlally
he got Allen to identify him? Did he
let him pick him out among five or
six men? Did he say. Nov which Is
the MANI Mo- He took him there and
showed him which was Mortensen. Said
he IL In that room. That man on the
chair Is Mortensen Allen said, II
looks bad to me. He did not say he
Is the man, but he comes In here and
swears that ne saw Mortensen. He has
SO little regard for human life.
You remember Busby going to Nor
tensen's house and crawling in the
cellar through the window. and search
Ing the place from cesspool to garrett.
Going there without a search warrant.
xs. 4.
justified In shooting him down. A
mans home is his castle and no man
has right TO enter It. Then he comes
In here with shovel was raised
farmer and my father always taught
me to clean the shovel when had used
1t. When Busby was asked If he found
any blood he said not drop When
asked II he found any other evidence,
he said no. Did you ever hear OF such
evidence 10 convict a man upon?
Another witness | wish to call your
attention to. Joseph Jensen who said
he heard the shot. Do you believe his
testimony? ] don't believe there Is a
man on this jury who could tell where
q shot come from. You can't even tell
which way the train is coming. That
man should have been hired by the |
lAAttu E'uttN bpNtlliilltill ~ a Stlldll
OF s50,000 a year. He could tell when |
the enemy was approaching, He could |
hear a shot from q cannon, a pistol or |
rife and say shoot within 100 feet and |
you win get the whole bunch" That |
Is sample of testimony. Salt Lake |
should hire Allen. He can see so we'll |
He could detect criminals In the dark |
II is amusing but II Is serious. Anus
lsat ,k IA ,,l,
witnesses upon the stand
Why did not Allen say Il believe ! |
saw him and tell the truth?'
Mr.. Elchnor-"I believe Mr., Stewart
Mr.. Allen said told him TO tell moth
ing but the TRUTH
Eyes he said that" replied Stewart. |
If we admit that Allen and Jensen |
testified to the truth, II Is the only |
thing. All else Is what the defendant |
said. We all deplore the fact that Hay |
was killed but how much worse that |
an innocent man should be convicted |
and then TO find out years afterward |
the man who did commit the crime?"
Counsel then related several more
stories OF how men have been victims
OF circumstantial evidence and II was
found out afterwards that they were
innocent,
THE most potent fact in this case
Is the question of money, his financial
condition. Gentlemen know not what
your financial condition Is, and you do
not know mine. Mortensen worked
night and day upon contracts, Did he
not make money? II not why did he
work? They first put Dana T. Smith
on the stand 10 prove that Mortensen
had no money in his possession or un-
der his control. Might not Mortensen's
wife have had the money In order 10
escape an unjust judgment? A man
may be In financial straights but he
honest. He could have taken the bank
ruptcy act and do you suppose he
would have committed murder when he
could have cancelled every note by that
act Where had all the money gone
from October 8, 10 December 10? III he
had no money from other contracts, or
II he had money coming why did not
they show Il? They only Went TO one
Of the banks. How do they know that
he did not make those checks payable
to HIMSELF
How many instances In this world
where we have missed the Judgment OF
l win take some Of the strongest
points on the money question. Take
Mr.. Cummocks testimony. He said
he saw defendant at IL o'clock at
night Think OF II, bounded night az
ter night like this man was. Put your
selves In his position, gentlemen, and
see how you can stand the resistance
They say they have no sweat box. yet
the way this man was bounded at all
hours OF the night was worse than a
sweat box.
Are you testifying. Mr.. Stewart"
asked SIR. Eichnor, there Is no such
evidence In this case"
mo: you didn't put him on the
stand" Numbered Mr., Stewart.