Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1902-06-05


again at S:45,
when your husband went out you
may state whether he said where he
was going" said MIR. Eichnor,
Mr. Barnard Stewart objected TO the
question and stated his grounds OF OBJ
lection. Judge Morse oyerruled the OBJ
lection and Mrs, Hay answered.
yes"
"Mrs. Hay" continued Mr.. Eichnor,
"you may state where he told you he
was going when he went out that even
ing
Another objection was interposed by
Mr.. Stewart for the reason that the
conversation was not had In the pres
ence of the defendant and was simply
hearsay testimony. The objection was
overruled and Mrs. Hay answered.;
"He said, i am going over to Peters
a minute TO collect some money, and
I'll be back soon
Ibid he say why ne was going to col
lect the money at that timer asked Mr.
Eichnor.
Another objection from Mr.. Stewart
and the court suggested that the prose-
cution give the court an idea as to what
was to be brought out In the answer
the question might be permissible His
honor could conceive OF some answers
that might be acceptable but was UNI
able to now see that the answer could
be admitted
Mr. Eichnor therefore submitted TO
Judge Morse In writing what his lnten-
ton was and the objection was sus-
tanned.
AT what time did you retire that
nght2p
"At 20 minutes past TO-"
"Who were in the house"
my three children and myself"
How old were they"
-Four years, three years and six
months"
when did you awaken"
Eat / o'clock"
What did you do?"
II tried to muster courage TO lock my
children in the house and go to Peter
Mortensen's house after my husband
did you do it?"
Yes; | went at about 3 o'clock. |
went TO the Kitchen door and II took me
about 10 minutes before | could wake
anybody up. Mr. Mortensen came to
the door and asked him If my hus-
band was there. He replied that James
had gone 10 Mr.. Romney's home; that
he probably had stayed at lsrnests be-
cause OF missing the last car home. ]
said. Did he have the money! ana az
first | didn't hear what he said, but
the second time ! asksl him he said
yes."e a..,-'. -4-..-
How did the defendant act2" asked
Mr.. Eichnor
"He was very nervous"
How did he manifest his nervous
ness?"
by rubbing his hands together; and
he talked very low"
you may take the witness" said the
states attorney
I'VE don't desire any cToss-examina-
tlon," answered Mr.. Barnard Stewart.
Mr. James SharI father OF Mrs. Hay,
was called and testified that he was 80
years old, and had lived In Utah %
years. He detailed the circumstance or
meeting Mr.. George f.. Romney and the
prisoner at the Deseret National bank
on the morning OF Tuesday, Dec. IL,
1901. He went TO Forest Dale to his
daughters house,
II went from my daughters house
TO Peter Mortensens house, then back
to my daughters, then to the car near
Hendry's store
Where did you see Peter Mortenseh
next?"
Near Liberty park. The car stopped
and Mr.. Romney and the defendant got
out OF the car going the other way
and went back with US to town
~ saw Peter Mortensen at his own
house about o'clock In the afternoon.
In the presence OF the defendant gave
my son, Heber c. Sharp, receipt ana
asked him to read IT," continued the
witness.
Here Mr.. Stewart interposed an OBJ
lection, which was overruled and Mr..
Sharp proceeded II turned to Mr..
Romney and asked him TO read the
receipt" mir. Sharp here Identified the
receipt and the note attached
What conversation there occurred.
in the presence OF the defendant with
respect to the receipt" asked Mr.
Elchnor.
IL asked Ernest Romney II that was
the receipt that was signed at the office
the night before In the presence OF Pc
ter Mortensen, replied Mr.. Sharp. De-
PENDANT pointed out the place where
he said he had paid the money. He
said he had brought the money up from
the cellar. where he had II partially In
a sack and partially loose on a side
wall. Mortensen said the gold was
poured out on a settee upon which de-
PENDANT and Mr.. Hay were sitting, the
money being counted out 500 at a time
and Mr.. Hay put the gold pieces into a
sack and placed II into his right hand
overcoat pocket, going out OF the south
door. | aeked Peter Moytensen where
my son stood the last time he saw him
that night and he came down and
pointed to q spot about 10 feet from
The south porch and | said II that Is
the last place where you saw my Nv
ing son, this Is the spot where he was
murdered Mortensen showed me the
| place In the cellar where, he said, he
| had the money hidden and then he
| again pointed out at my request where
! he had seen my son alive. | told Peter
Mortensen: III that is the place where
YOU saw my son alive, there Is where
you murdered him
How do YOU know he Is dead?"
| asked Mortensen. and then said:
The proof will he that within "a
hours and within q mile OF this spot
his dead body will be dug up-burled
around somewhere"
What reply did the defendant make
to this?", asked Mr. Eichnor
Peter Mortensen made no reply 10
that" replied the witness Then Mr.
sharp detailed his further movements
during the afternoon and evening and
then came to the Wednesday morning
when the body was found. When wit.
ness reached the patrol wagon the body
| OF Mr. Hay was on stretcher
Here Mr., Stewart began to question
| the witness as 10 the location OF the
defendant when Mr. SHARP began TO
talk while standing on the wagon over
the body OF his son-in-law. II was the