The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1902-05-04

IdlutE ldlhf ana SHOWS Altc loHA--'--
of Twelfth South.
In a vacant lot lust southwest of the
turn OF the street ear track is marked
the position of several small springs
and one large one This large one,
which is indicated as being covered
with march. Is indicated as the place
where the revolver is hidden.
Search For the Revolver.
After this diagram was secured by
the private officer. it was turned over /
to District Attorney EichnOr and the |
chief of police. who went TO Forest /
Dale to look into the matter They /
found the diagram 70 be as correct IN I
relation to relative positions and every /
other detail as though it had been /
made By someone walking over the !
ground al the time IL was drawn. The !
large spring, indicated as the place
where the revolver is. is IN the place
indicated upon the diagram and was
found 60 be full Of moss and debris.
so full that IL would be impossible 70
find the revolver without draining IT
and digging out the growth Of plants.
The map IS so accurate, though, that
the officers are convinced that no one
drew il but a person who was familiar
with the country. Kelly, IL is declared,
has never been in that portion Of the
city and Grice. it is claimed, is un-
{ familiar with it. so that neither could
I have drawn it,
l When the officers secured the infor-
/ nation about the alleged confession,
/ and went to Kelly about it, he at first
/ refused TO talk Then he admitted that
} he had heard M0rtensen talk about the
] case in his sleep. He told them that
I the prisoner talked constantly IN his
SAUNDERS and had often said that Il
his attorneys secured a continuance
then the witness. Charlie, would be
out of the way and he would go free.
Mortenser's Talk in His Sleep.
He also, Kelly said. talked of another
/ witness. a woman. stating that If she
were out n the way ne would be an
right. but the name he called her by
does not tally with that Of any of the
witnesses in his case. Kelly held out
against telling Of the alleged confess
sion. it is said but finally much Of
the information was wrested from him.
From their statements the authorities
/ are convinced that he has not told all
he has learned vet.
District Attorney EichnOr admitted
last night he was officially cogniZant
Of Mortensen's confession to Kelly.
But" explained the public prosecutor
shall bring it in as a part of the prose-
cuti0n.
The Official explained that a confess
sion of guilt by an accused person or a
statement by another purporting to re-
, late in detail the manner Of committing
the Offense charged is of no value in
the trial Of the case. unless the con-
fession be corroborated by circum-
stances shown in the proof adduced,
> or by a preponderance| Of testimony
, from witnesses. Some Of the theories
to be followed by the prosecution are in
direct opposition to the line Of testi-
mony involved in Mortensen's confess
, sion, and without sufficient facts al
- hand to corrObOrate the statements
Z made BY Kelly. the prosecution is
! doubtful about the propriety Of taking
o a new course at this late date.
. Eichnor Is Suspicious.
q Independent of the question Of tn,
{. worth Of a purported confession to &
y fellow prisoner. wherein the statements
o disclosed are lacking of substantial
y confederation in some essential detail
r. District Attorney EiChuOr is known {,
4 be a little suspicious Of the story tina
d Mortensen's gun is hidden in the marsl
e indicated by Kelly in the diagram fur
u nished him by MOrtensen.
When the public prosecutor wa
l. aIled why he did not have the bog hol
e searched more thoroughly for the gun
T. ne replied that he was not convince
d that it would be prudent for the prose
cution to find a weapon of f0rty-four
20 caHber at the place indicated. and the
K not be able to prove that it was Nor
I'd tensen's gun. with which the murde
b. was committed.
b To illustrate why the prosecute
90 ought to be careful about falling int
mighty uncomfortable trap set
catch. District Attorney EichnOr ne
lated what Judge Powers suggested
q iOCular vein at the time last Winte
!. when every swamp in Forest Dale wa
~ drained and searched in the hope {
80 finding MoTtensen's gun. The latte
II attorney remarked. when he learne
the swamp was to be searched. to III
fg public prosecutor. that if ne were MOI
= tensen's counsel he would have Ia
=. some one get a pistol after the prisons
was in custody and throw it into u
nm swamp Then. of course. the weapC
M would be found and claimed by Il
id prosecution as the one with which Il
ne murder was committed
en- The defense, Judge Powers sugge
- I'll the proper time came at the tris
av and then It would be shown by trus
les worthy witnesses that the gun h.
been purchased after the accused III
n been arrested. and thrown just whe
7 the prosecution expected to find it.
nd suppose such a trick were bel
" worked now. and the prosecution f
do into the trap. what do YOU supp0
would happen TO our case after the q
on tOrneys for the defense showed by thI
ed witnesses what this trick was?" ask
i'm District Attorney Eichnor. as he sho
ERE about grabbing at everything offer
gn To him.
led DTortensen win appear before I
-as court for final trial at 70 o'clock
70 morrow morning One hundred a
~ ninety jurors have been summon
and il is expected that a week will
consumed In selecting satisfactC
"a Jury. as they viii be examined uT
~ several points very closely. One
,fb these points. and the most imports
80 one. IT is said. is that Of belief in II
- eiation. Mortensen's attorneys deCl
~. 10 discuss their line Of defense. but
tbe is understood that they VIII attempt
ont prove AIOrtensen had the money 70 I
the bill. and viii try to establish
md aibi for their client
.Sea nrorfensen. when seen in his cell y
the terday. was whistling and smiling
hat though he had no care on earth. ;
ers seemed 20 be perfectly confident that
,ws would soon be free again.
the "T am glad 70 is here and viii soon
the settled up" This is all he would
IL