Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1902-06-12

c,evart. OF counsel for de-
p''a y. peter Mortensen charged WIN
inse lo' heean the opening argument
purieI' a uesd late yesterday after
hr me Az In the midst OF his argu-
tooo anu court adjourned. Mr.. Stew
n Y, S.San his address In a low s o,ooS
y. w v voice but he gradually wari ,ea
lon, u ne subiect in hand and soon hau
W w ", ~ the spectators ana Jury
tae ui NY nnon him. II earnestness VIII
nVelFSo .s uy Mortensen, then surely ms
save Ivy" ront a long way In that ol-
p'c Sg While many OF the spec'a '.,.,a
l' Nv narsynpathetc and ala no' siNe
NeIs ' %s,sht 10 his argument, they
muyn ~a,theless Interested In his ora
NeIs Ear Ear ffteen minutes Mr. stewart
loIs ,,s resnects to the Judge ana jury
paI ~ a happy style he paid them
ehl " ,lsu,e for the patience and fair-
ns ,s hey have exhibited ne salu ne
nnss , ~" the argument with a feeilng
,.Jmsness such as he had never eA-
pedsrced In all his NE
BOTH WE'RE FRIENDS.
g,y and Mortensen were close
,rl,nis They were both my friends
XIV ' wsrs boih my neighbors, In this
.nu , me- man is charged with the awful
sr,ms az taking the life OF his friend
~ ,sighbor Gentlemen, II has been
saI bat urles are composed OF two or
isre men but It Is mutually agreed
between counsel for the state ana de-
fen,e that IN this case the jury Is COM
ro,sd N II men any one Of whom we
mIgh, trust 10 Judge this case and give
,ustlce 10 all. You have q great re-
seonsibility II You acquit this man
vou 40 10 in the face of public senti-
ment that Is so strong against MIN. IL
YOU convict him you must do so subject
10 an the pers OF circumstancial evil
dence II Is for you 10 say whether or
not one Of your fellow beings lives or
tIe, ! perceive from your faces the
seriousness that has characterized you
un Inc way through. ] believe you
haa been called upon for the FIRST time
10 lsclde upon O mans life, and your
A responsibility is greater than that OF
d to.hsel for defense. We can only DO
4 lAii which appeals 80 us 10 be right, to
Il ~ that proper evidence Is put In and
Il tha 1t you decide. Your responsible
N & even greater than that of the
p'sNutng attorney. Mr.. Eichnor Is
tls public prosecutor and he knows
ihi the public is watching him with
tEaiChfrl eye, II he has overstepped
be proper bounds In this case, II Is
lscsuse Of his zeal 10 do his duty. This
knofable and just court will give you
De law, but you are to pass upon the
IMPRESSIONS made by the witnesses.
You 20 10 your room and there decide
vAeihsr this man Is guilty or not
fllly OF this awful crime Then you
q 10 your homes You are out OF the
public eye, but II Il should develop that
w had made a mistake, then the pub
Y would look upon you with the same
dsayor that they now look upon this
Unfortunate man. and they would
hand you as towards"
NJ Stewart then referred 10 the time
nay was first missing and called at
tntlon TO the fact that so many were
iiRdy TO brand him as an absconder.
\ shows how uncertain public senti-
Mtnt Is.
DO not believe this Jury will con-
w ms man unleFs the state proves
nm guilty beyond a reasonable doubt.
y you do convict him VIII say you
sN honest. All we ask you to do Is to
" mere as honest men. The defendant
'@s no more, that Is all he wants"
WHERE is THE GUN.
Counsel then read the information
snd said rs there one thing in this
,nlormaiion proved? Where Is the gun?
Where Is the man who held the gun?
nno saw the shot fired? Who saw the
sah WIN the gun? Take the chain that
~ hlcnnor has presumed TO present 10
,ou and tell me where there Is any
lng That points to this man as guilty"
~ stewart paid a glowing tribute to
~ previous good character OF the de-
rloant. lie said Mortensen did bust
Wv WIN honorable men. He had con-
lacN mat amounted TO thousands and
auusands OF dollars Counsel ridIculed
w homney for being mortified" over
ne statement that Mortensen had g.. 500
Y nM mousse Counsel thought Romney
lay more Mortified about the money
s ss, anything else. As to Romney's
,p,anallon that the note should be
aucelltd because II was secured by
,pgrlgage' was characterized as absurd.
'ouneys Instructions to HAY 10 be
", ana cancel the note, was. In the
.'nu o. Mr., Stewart. IAN after
Sossnt Did he have any suspicion
~. h'ght! Not the breath OF a sug.
'a Now why did HAY 20 10
NJ NJ mat night? He was a stock
~. N the company. Romnev was
, ,,i'd In the company and was
y s1,ous lor the money. Is IA not like
J. wa. nay thought to himself. 4 am
on, a''ala TO keep that money in my
!, a. VIII go over and get It, Is
I I'LL, %s' Hays visit TO Mortensen's
~ NJ a, Anything strange In that
y, lney make so much out Of the
-, lna' Mortensen aid not turn the
!. .. on Anything unusual in that?
\, was IN bis night clothes. A lady
I az q, tne door. Did he want TO turn
'sht olothes?" '"u' I" MS
THE MONEY QUESTION.
, saen coming down TO the money Mr..
49,, So argued that the various wit.
, ~ naa go, things sadly mixed. as
"A n.y. ~ money being loose and in lars
4 y SACK When Mortensen spoke
,rs g T.s loose he meant loose in The
aos , i mesa. sack is what Hay carried The
4 nso away with, and he put the SACK
n, i, /, ,s IN bis pockets. He ala not
Issas.a, oose IN his pockets as Romney
Iers. 'su no. %; ], was not strange n Nor.
10 b made made statements that appeared
N oS.,aa''adictory. lie was tortured Az
riss, Of the day and night ana
'sy anything to get rid OF his