Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1902-01-24

4 ~ uvu'' ''"N VII wv HlbnN VI December
49,, 1901, James X. Hay was murdered
said the lawyer
"They have tried TO connect Peter
Mortensen with the commission of thot
crime, but have they done ~"
Reference was then made TO the CON
| versation that took place between Rom
ney Hay and Mortensen on the even
ing Of the 10th IN the office Of the Pa
enc Lumber company and counsel
sald
From the mouths of lis own wit.
| nesses the prosecution has proved that
| Mortensen had that money. | have
| challenged the prosecution 10 produce
one bit Of evidence that he old not have
| the money Where Ia the evidence that
he did not have itl' Numbered the man
| of law.
1T Is the custom Of the Pacific Lum-
| Der company to mark Paid on the note
of the promssorc when II was paid.
| But we are told that Mr.. Hay had dis
cretlon Mr. Romney said he knew
| he would not disobey his orders. Now.
then, | wish to call your attention 10
| this: The receipt said In full" Why
should the note be Cancelled? There
was no need of It. The receipt was
|
| cancelled for the balance The receipt
covered the note and the amount due,
in full'
Mr. Romneys testimony showed he
| had confidence In Mortensen lie had
| recommended him to do work, and Mr..
| Hay had recommended him, and had
confidence in him Mr. Romney had
| permitted Mortensen to run up a largy
A NRgaNH aH1t
| $8901, | believe He had known him
for FIVE or six years and had employed
! him on several occasions Then why
should he condemn this man on mere
suspicion?
ION that Monday night Mortensen
did not urge the payment of that mon
ey If he had contemplated murder.
| why did he not urge payment OF the
money on that night Instead Of that
| he raid they could get II In the morn
ing"
! The testimony OF Mrs Hay was then
| reviewed at some length and particular
| stress was laid on the time Hay went
| home and the time he left TO 80 to
| Mortensens,
1T has been shown that Hay went 10
| Mortensen's, but where Is there any
| the money! Where is there any tes-
timony that he did not get every dol
| lar OF that SSS00? Another question
IT, Where ls the gun that fired that
| fatal shot into the brain OF James Il.
| Hay?' Where Ia it2 Echo answers
There Is no answer yet There Is
the shovel that dug that grave?
| Nobody knows
| ftANbDn Usag Dafpp MnrtanQpn ptif "a
HIS house FIVE minutes that nlght2 No
body knows. He told Mr.. sharp that
he saw him leave the porch-saw him
ten feet from the porch and then he
turned and went into the house"
The attorney then argued that one
| man could not have carried the body
| to the scene OF the burial, lifted II to
the fence and thrown It over a fence
five feet high Coming down TO the
| time of the finding. or the exhuming
Of the body, Mr. Stewart said:
when the body was found we are
told Mortensen said, Poor Jimmy poor
! Jimmy. Is there anything strange In
that? Is that anything against him?
Is It to be taken against a man be-
cause he was feeling bad?
II wonder II we would not feel sad II
! q near and dear friend was murdered
especially IL the iron hand of suspicion
! was fastened upon us. Where In all
| that scene at the grave Is there any
| evidence that would convince one that
Mortensen committed that crlme?'
Counsel then referred to Mr. James
Sharp and spoke feelingly Of that gen.
| tleman's position in the case. How he
was nearly broken down with the sor-
| row that has come upon him and his
| family through the loss of near and
| dear friend end son-in-law.
when they thought Hay had run
\ away he was the first TO say have him
| brought back, II he has gone, and nave
him punished and get the money. He
| Il was who was first to say, let this
| defendant have justice; let him have
fair trial and I will be the first to de-
| fend him against violence That was
| this man James Sharp"
| Mr.. Stewart advanced the idea that
young Hay got the money
! that night because be knew there was
a judgment against Mortensen and
| that perhaps Luke would get his fin
gers on II. That was the reason he
| violated the orders OF Mr. Romney,
The scene at the house that night was
again gone over and the lawyer said;
Now, then, II the court please, upon
what testimony can You hold this de-
PENDANT? Can you say that Mortensen
| killed Hay within 10 feet OF his door?
| II was moonlight night, and almost
| as light as day, and can you say that
| he struck Hay on the head and car
| rled his body l,i00 feet to the grave?
| II you do you VIII have TO supply II
| from some other testimony than that
| which has been introduced here. You
! win have TO supply II from lmaglna-
| ton There is nothing to show that
| Mortensen ever left his house that
| night. Nothing Of that Kind has been
| shown here, ] apprehend the prosecu-
| ton win attempt TO show that going
| home on the car that night Mortensen
| induced Hay TO come over for the
money. ! say / apprehcnd this. But
| where Is there any evidence thai he
| rode on the car with Hay? There Is
none. We want the truth In this mat
| ter Mr.. Sharp wants the truth, and
nothing but the truth He Is
| almost worn out by the trying
| ordeals he has had 10 go through
! during the last thirty days.
| No one, perhaps but Mr. sharp and
| his daughter and her fatherless chill
dren, knows his feelings In this mat
| ter and they are the ones who want to
know the entire evidence In this CASE
I'm summing up in closing | desire TO
review the evidence In a general way.
| We have shown by their own witnesses
that Peter Mortensen said that he paid
| the money to James r. Hay, he told
| Mr. Geo p. Romney so and Mr. Rom
ncy SO stated on the stand The prose-
cution has not shown that Peter Nor
| tensen was out on the nigf. OF Dec
49, except on his porch, They have not
| shown that the bullet which caused he
death Of James u. Hay belonged to
| this defendant. Have they shown thai
| Peter Mortensen dug the grave which
covered the murdered body Of James
r. Hay2 They have not ] ask your
honor to review the testimony and de-
| eide upon your conscience as TO MS
guilf call Vour attention 10 one