Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1902-06-11

| DER company. Inc utIenuanl was III
debted to the company Mr.. Romney
| repeatedly asked him for settlement.
lie so testified here. On the Saturday
previous 20 the tragedy, Peter Morten-
sen told Mr. Romney that he would be
able TO make settlement on the Mon
day next On Monday he called and
said he was ready TO settle the debt.
and asked for receipt. Peter Morten-
sen said they could come over that
night and get the money. Mortensen
said TO Hay: Jimmy, you had better
make out receipt ard bring ii with
YOU Mr. Eichnor then read the note
for $3.50 given to the company by Nor
Jensen, aud also the uncancelled note
for $500 and the $l07 on the Brixen
contract.
Now gentlemen OF the jury" contln-
ued the attorney. that Is the testimony
in regard to this receipt Mr. Romney
instructed Hay to cancel the note when
he received the money, and he gave his
! reason for it,"
JURY HANDLES PAPERS.
The receipt and the note were then
passed to the jury for inspection and
| each member thereof examined the
| papers closely. During the examina-
| ton, Mortensen never removed his eyes
! from the jury box His interest was in
tense, and that habtual frown deep
| ened perceptibly. Mr.. Eichnor con
| tinued When Mr. Romney told Peter
| Mortensen that the company would be
glad to receive partial payments at any
| time, but Peter MortensN said he
wanted to surprise them II was ar
ranged before they left the Office that
evening that Hay should come over In
the morning to get the money. Hay
made the remark that he could get the
money and skip to New York but for
the fact that Ernest would catch him
before he got half way. Mortensen and
Hay left the Valley house corner to-
gether. Next We find them at their
homes. Mr.. Rice called to see Morten-
ten at his house at 20 minutes TO
o'clock, Mortensen was home. Mr..
Hay left home u minutes TO 9. saying
he was going over TO Peter Mortensens
TO collect some money and would b.
back In few minutes The next morn
ing Hay is missing. Mortensen told
Romney that Hay called and said he
had come for the money, as he feared
Ernest would be worried Romney
questioned Mortensen closely about the
money-how he paid Hay-and Mr..
Romney Illustrated to you here how
Mortensen said he paid Hay the money
and how Hay put Il In his pockets and
some In a sack. That testimony Of Mr..
Romney = undisputed. II stands here
uncontradicPd in the least. And at
another conversation between Morten-
sen and Romney. Mortensen said jim
my might have skipped TO New York.
STORIES TO SHARP.
Peter Mortensen told James Sharp
when they went into the room where
he said he paid Mr.. Hay the money
that he had the money loose In sack
and kept II on the east wall Of the cell
lar, and that he got II and they both
sat down on this settee and counted
the money out, and Mr.. Hay put II
back in the sack and placed II in his
overcoat pocket. He also changed this
part Of his statement and said that
Hay put the money loose In his pocket
and then went on the porch, and that
was tie last time he saw him until
his body was found. That Is what he
told Mr.. Sheets.
They then went out on the porch and
MIR. sharp asked the defendant where
his son last stood, and he indicated the
spot, then Mr.. Sharp told him that
there was where his boy died and the
proof Of II would be that within "a
hours his body would be dug up within
q mile OF that spot.
VIEWED THE MAP.
Now. gentlemen of the jury, | want
to call your attention TO this map OF
Forest Dale. The man that murdered
James H. Hay was familiar with
that community he knew the sur
roundIngs perfectly, knew whore every
house was located The location OF the
grave the Chinamans hut and all in
dicates that he knew the best place
to dig the grave.
FINDING THE GRAVE.
Now when Torgersen found the
mound which afterward proved 10 be
the grave he noticed shovel prints
where the snow was scraped up. He
went back to Hendry's store after tools
10 dig into the mound 10 see what Il
contained and he met Peter Mortensen
and asked him for a shovel. Mortensen
said that he only had one shovel and
that had a short handle, and was round
cornerad. Here Is the shovel. gentle
men;it has been introduced In evidence.
NOW. why did Peter Mortensen make
that statement to Torgersen?
NO ROBBERY.
When the body was dug up Mr.. |
Sheets found this watch in Mr.. Hays |
vest pocket It Is Mrs. Hays watch. |
Mr.. Sheets said at that time that this +,
il not a case Of robbery. When they |
noticed Hays coat. they found his in |
side pocket turned wrong side out lust |
this way exhibiting Hays coat) This |
is the pocket In which Mr.. Romney said |
Hay placed the receipt
When James Sharp saw the body OF |
his son he said, You didn't run away |
my boy, but he murdered you for |
piece Of paper representing $500 Pc
ter Mortensen said nothing but Just |
hung his head and looked az the |
ground. Gentlemen OF the Jury, that |
was not the action Of an innocent man, |
he would have cried out stop, let me |
show you where YOU are wrong and |
that / am innocent
MoRTENsEN NERVOUS.
Peter Mortensen acted very nervous
that morning after the body was found 1
he started for his home several times
and then came back again. After his |
arrest he told Mr.. Penrose that he kept |
the money In q sack on the east wall |
Of the cellar. He was taken TO the po-
lice station and asked by chief Hilton |
where he got the money TO pay Mr. |
Hay. He told the chief and u was |