The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1902-01-26

proposed n the first instance at the Of
nee that Mr.. Hay come that evening
and get the money Que from the de-
tenoant 10 the company and that he
OrlhS with him the receipt and note, is
d strong circumstance pointing 70 a
motive within the defendant.
That Fatal Note.
Mr.. Hay prepared the receipt and
attached the Tote in the presence OF
/ the defendant but left the Office with
Mortensen under positive instructions
| from Mr.. ROmney not to collect the
| money that night It has been shown
| that Mr.. Hay had always rendered i'm
pIlct obedience TO instructions from
MS superior officers, and especially had
this been true as to those of Mr.. Rom
ney.
What then took place subsequent to
mat time that caused Mr.. Hay to de-
Fart from his accustomed conduct and
violate the confidence reposed in him ?
Inc defendant rode in company with
Hay 10 their homes in Forest Dale.
Who could hava been interested in
( having Hay call for the money that
night except the defendant, unless, for
socth, some designing rObber? But
MS interest he would not dare to re-
veal. Hence the just and only infer
ence is that the defendant was the
only person interested in having Hay
call for the money that night.
Hays Disobedience of Orders.
There must have been strong press
ure or inducements brought to bear
upon Mr.. Hay that evening to get him
to disobey his orders. The inference is
/ irresistible that the defendant is re-
Sponsible for Mr. Hay violating the
Instructions given by Mr. Romney.
/ especially is this true when we con-
Sider the testimony of Mrs Hay. who
| testified that her husband said ne was
going to the defendants to get the
money that night because the defend
ant had 70 leave the city the next
morning on an early train.
Without going into the evidence in
detail let us next inquire what motive
prompted the defendant to so induce
RAY II must have been either TO pay
the money to him or to pretend to pay
H. The night time is very unusual
hour for the payment Of so large a
sum of money. yet if the defendant
was intending to leave the city on an
early train the next morning it would
/ possibly afford some little reason for
making the payment that night. But
. the very reason urged for payment
that night falls to the ground because
| the defendant did not leave the city
the next morning at all.
A False Inducement.
Tine just and only inference is, then.
| that payment could have been made
the next morning in accordance with
| the instructions of Mr.. Romney. A
] md i
led him that night to the home of the
defendant. Was there, then. a paw
ment or pretended payment made? The
cellar where the defendant claimed his
money was placed was open to the
access of anyone who might see fit TO
enter through its open windows; the
dust upon the wall where he claimed
the money was stored remained undis-
turbed
These two facts throw great dis
credit upon the defendants statement
that he had the money there. The note
and the receipt were found in the pos
| session of the defendant at his home.
put the note, the very evidence of the
! deb1, remained uncanceled. If the pay
| ment were made it would be an un-
likely thing for Hay to take the money
| to ROmney that night, in the face of
the instructions given him: or if he
so Intended, it is probable that he
would thus have informed his wife
either before going to the defendant or
Immediately after
No Payment Made.
Il, therefore, conclude that from the
/ false inducement he,1 out to Hay, from
the insecurity of the place where the
money was stated to be, from the IN
disturbed condition in the cellar and
from other suspicious circumstances,
that no payment was ever made From
this conclusion it follows that there
was only a pretended payment
Hay did not wander To the railroad
| track where the blood was found upon
/ the rail. He was either taken there
! by force or by inducement. The tracks
/ leading to the grave show that only
/ one person performed the act of drag
/ ging the body part of the way and
4 carrying il part of the way to the
/ grave and burying it. If Mr.. Hay could
have been taken to the scene of the
( killing by one person by means OF
I force, such person could have robbed
him without killing him.
Believes Defendant Guilty.
This is but a natural conclusion
! dence upon this point convinces me
/ that Hay was induced to go to the
! place Of killing and that the only per-
son who could have thus induced him
is the defendant. The fact that Hay
! was buried dispels the idea that this
murder was the act of an ordinary
rObber.
II am not inclined to go into the evil
dence further. Sitting as a committing
| magistrate. I must find from the evi.
/ dence ad6uced that there is sufficient
| cause 10 believe the defendant guilty
The evidence herein briefly referred
TO, and the just differences that can bt
drawn therefrom. lead me to the ire
! sisuble conclusion that there is suffi-
cient cause to believe the defendant
: guilty OF the crime of murder as i,
/ charged in the complaint.
Il, therefore. order that the defend
ant. Peter MOrtensen, be held and com
mitted to the custody of the sheriff OF
salt Lake county without bail"