The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1902-06-13
STEWART TELLS HOW JIMMY
HAY MIGHT HAVE BEEN SLAIN
Theory Advanced That Financial Discussion in
Lumber CompanyS Office Was Overheard
posrs Laid For Victim He Left Mosnsens House and Muir.
dsred Him-Oeendant Sheds Tears

accused man, at this statement, filed
with tears repeatedly, until, unable to
Keep them back. he drew a handker-
chief from his pocket and dried his
eyes. lt is the first show Of emotion
that Peter Mortensen has made.
Last Plea For Defense.
Following the junior member Of the
firm, C.. B. Stewart began his argument
and spoke for three hours. going over
much of the ground already covered,
but driving home each point in the
defenSc's favor.
The defendants attorneys are max
ing a gallant fight fors his life and the
result viii soon be known Mr.. Stew
art viii finish probably by noon today.
and Mr.. Eichnor viii then close. it is
possible that the court will charge the
jury this afternoon
The crowds i'm attendance yesterday
are almost unparalleled 1t was barely
possible for the court officials and 9TH
ers who had business in the room 20
make their way across il. Press rep
resentatives had TO fight for chairs, a
condition that seldom exists.
Women predominated in the crowds,
a good many remaining al through the
two hours recess at noon. and held
their seats until the close of court at
o'clock defying the terrific sun that
beat in through the west windows until
the shower reduced the temperature to
a more comfortable point.
Mr. Stewards Argument.
Barnard J. Stewart resumed his ar
gument at 10 a. M, the court room
being packed to suffocation by the Gu
r.fr 4 IL r1fF C
demeanOr was unchanged from the day
before. He wore a smile as he entered
the court room and assumed his seat
after shaking hands with his relatives
and COUNSEL.
Mr.. Stewart took up the testimony OF
James Sharp. Attention was called TO
the accusation of the father-in-law
against the defendant.
Mr.. Sharp is lost in sorrow" sad
Mr.. Stewart. "Since last December his
grief has mystified his mind. With all
due honor and respect to Mr.. Sharp,
would You believe a man who comes
into couTs on the most solemn of sol
emn occasions. with a mans life at
stake. and tells you that your God and
my God had come down and told him,
either IN spirit or person. that this man
waE Cuilfv2 Would vou believe hMp1
Why. gentlemen. his evidence is a blast
TO religion a mockery TO God. It would
be thrown out Of his own church trials
and condemned. But I credit Mt
Sharp with sincerity He believed
what ne said My feeling for him is
one Of sympathy. But I hope the time
win never come when man can be con-
victed on revelations. visions and
dreams from the eternal worlds
Mr. Stewart charged the district at
torney with making a play for senG-
ment when he put Sharp on the stand
He believed Mr.. Eichnor 10 be an hon
Orable man, but he had erred and
wronged the defendant when he allow
ed a man in Sharp's frame Of mind to
testify.
Mr.. Eichnoy's Promise.
Recalling the district attorneys
promise that any witness who lied on
the stand would be arrested for per-
jury before reaching the elevator, Mr..
Stewart asked if the official believed
Sharp with his revelations and visions.
The attorney argued that MOrtensen
acted az the grave as a grief-stricken
friend and at al times as an innocent
man. He wanted to know how 1t vas
body over that fence without getting
blood on his clothes.
Mr. Stewart then made his answer to
the states evidence on MOrtensen's
finances. BY constant subsection to
questions. ne argued. MOrtensen had it
brought f0rcibly 10 his mind that un-
less he could say where he got the
$500 ne would be held for trial on this
awful charge. When his brothers-in-
law came to him he was in this frame
Of mind. Counsel admitted that Nor
Jensen asked Charles Watkins. because
his accounts were in poor shape, to
do something mot exactly proper per-
haps" to make it appear that he had
the money. but at the time the defend
ant was. sorrowful and distressed, and
any man similarly situated might have
done the same. in his excitement. Mr.
Stewart COntended.
The speaker scored the br0thers-in-
law for publishing 10 the world what
the defendant had said.
They melted this community against
this man as nobody else has done" he
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