Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1902-06-13

county jail" was the reply. Counsel
then continued his arguments.
Cummock testifes that he and six
other officers visited defendant at Il
O'clock at night, and that Peter Nor
Jensen did not say that he had three
jars full Of money but said that he
had the money In three Jars, two In
the cellar and one In the pantry
Mr.. Romney testified that when Pc
ter Mortensen enumerated the claims
he had coming In, after naming all Of
them, he said he did not know how
much more money he had coming In.
Have they proven that he didn't have
other money coming inY"
Now, | want TO call your attention
TO the evidence Of Hrof. Toronto. He
said the moon was less than five de-
grees above the horizon; that II took
II four minutes TO travel degree, and
that II would have been down In about
eight minutes, Then Mr. Young said
that the moon was about q half hour
high when he went on the car at lit
tie after 3 o'clock. There Is no i'm
parchment Those gentlemen corrob-
ate each other. You know, gentle
men. that when the moon
is In the west II Is not as light as when
II Is In The east. You also know that
II Is hard to recognize a.man when the
light is on his back, II Is harder than
when the night Is dark.
Gentlemen, when you follow up this
testimony closely you viii find that the
officers have the wrong man. You
know that robbers wait around and see
when man has money. Any bad
character could have been around and
heard the talk about the money In Mr.
Romsey's office that night and followed
those men home, watched them count
cut that money and then lie In walt to
get that $500
Those men, there must have been
more than one for one man could not
have done II alone when Mr.. Hay left
the house with that money pointed a
revolver al him and commanded him to
walk down that railroad track and told
him they didn't want him but wanted
his money Then after they got him
down there. shot him. God knows how
they did 1t. Then, mark you, they car
ried his body to the highest point In the
held and buried It,
Could Jimmy Hay have been induced
by any nook or crook to go down on
that track to get that money? No, he
would have told Peter Mortensen to 80
and get his money.
The reason this case Is so notorious
is because they have no evidence to
convict this man. 1t is mystery TO the
people II the officers had done their
auty they would have searched IN every
direction they would have followed
up those tracks and would have gone
to the depots to see that those men
had not gotten away with that money.
Atty. Stewart then cited number of
instances of convictions upon clrcum-
ftantial evidence where mistakes were
made ana the wrong man punished and
afterwards the guilty man confessed
20 the crime.
Thousands of things can be patched
up when q man Is charged with crime.
Why they have even intiinated that
this man (pointing to defendanD has
been intimate with another woman.
MIR. Eichnor objected TO the state
ment on the ground that 1t was outside
Of the evidence. The court held that
no such evidence had been introduced
and that Mr., Stewards remark was im-
proper. Mr.. Stewart said that his
eagerness and earnestness had caused
him to make the mistake and apollo
gized fer making such remark
In this case they have not proven
beyond reasonable doubt, or beyond
any doubt, that this defendant Is con-
neeted with this crime They have not
produced the gun with which Mr.. Hay
was killed, they haven't proven that
this is his shovel, they haven't proven
that he did not have the money TO pay
Mr.. Hay.
In conclusion, gentlemen, | ask YOU
TO follow the evidence closely from the
Interview in the office OF Mr.. Romney to
the last interview In the county Jail.
You must consider this mans charac-
ter. He has never been accused of
crime. Consider the man he is sup
posed 10 have murdered; his close
friend, associated with him In religion
and In society. The court win instruct
you that you must consider defendants
character. Everything goes to show
that he was good citizen a kind and
loving husband and father and a true
and faithful friend.
This man Is accused Of killing James
r. Hay, when he was never shown to
have been within 200 feet Of the spot
where the crime was committed. You
can't take the testimony OF Mr.. Allen.
You know that person couldn't iden-
tify his best friend at such a distance
on such a night.
Where are the links that complete
the chain? They have not one link
complete. They have not shown that
defendant did not have the money.
That link Is not complete and yet they
come in here and ask you to convict
this man on link that has not yet been
forged.
Everything shows that Peter Morten-
sen paid James r. Hay the money that
night. Again how did he get Hay down
there on that track? Where Is the gun?
The shovel is not proven TO belong to
this defendant. Torgersen said he
found the shovel In defendants barn,
II might have been put there 10 cast
suspicion on him. There were no blood
marks on the shovel as there would
nave been II that shovel had been used
10 handle the snow that was blood
stained.
A murderer don't do that Where
have they shown that this plan was III
the brain Of Peter Mortensen2 If he
planned II, he planned 1t on Saturday,
On Sunday, and when you consider the
motive that makes II worse than ever
when he could have taken the bank
ruptcy act, oh. gentlemen, | don't be- |
ieve IT, Where have they forged the |
inks II you convict Peter Morten-
sa,, Won t,aaet do On upon tha factt.