Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1902-01-22

anything that occurs TO you IN connec-
tlon with this natter"
This was objected TO ~ CGnssl for
defense, who urged that something
definite should be shown with refer-
ence TO time and place. The objection
was oyerrned and the witness said
THAT night | turned to Mortensen
and said Peter. under no clrcum-
stances are you to pay this money to-
night TO James Hay said. Under
no conditions are you to receive this
money tonight, If Mr. Mortensen is
foolish enough 10 have such large
sum Of money on hand and run the risk
| Of losing II he can do so another night
but the Pacific Lumber company can
not run the risk even for one night, and
don't you get It until morning."
| During the writing Of the receipt
whore was the defendant"
He was sitting at my desk, and then
we both went over TO Mr.. Hays desk
and we all examined the receipt. We
| found 1t was all right and went to the
safe and got the note and gave II to
| Mr. Hay who placed II with the re-
celpt and then put both in his pocket.
We all walked out Of the Office and up
the street together until we came to
the Valley House and Mr.. Hay said his
car was coming. II was chilly that
evening and | did not wait for their
car but said would go on home. left
Hay and Mortensen waiting for the
car"
Going back to the signing Of the
note, did you notice anything peculiar
about Mortensen--about his acti0nSY"
Attorney Stewart Jumped 10 his feet
..t.. 81, n. fla pttautian
and County Attorney Christensen stat
ed he would withdraw 1t. He then
asked
what. If any, action did you OBJ
server"
HE examined the receipt and note
critically"
"Where was Mortensen when Hay
put the note into his pocket and what
was he dong?'
lie was standing at my desk look
ing at Hay
when next did you see the defeni-
anti"
"on the morning Of the nth
81 viii ask you first whether YOU
heard from him before you saw bim"
yes"
"How?"
about 10 o'clock Mortensen rang up
and asked me II had heard anything
from Jimmy"
This was objected 20 by counsel for
defense but Justice Nelson held that
the question and answer were both
proper as they related to direct con-
versation with the defendant The wit
ness continued,
"Mortensen asked me If had seen
Jimmy and | said No, l have not
this Is not a matter to fool about, Pc
ter, and for God sake come down, and
see me at once He came down and
told me that Jimmy called at his house
the night before and told him that he
called for the money because he was
nervous about II and thought Ernest
would be worried about 1t, too | asked
him why he had paid the money when
] had expressly commanded him not
to pay II under any circumstances, and
Re said, oh. ! don't know; don't
know He then said he offered TO so
with Hay up to my house but the lat
ter would not let him. He said he paid
Hay the money in $40 gold pieces, and
that they were sitting on a settee /
asked him more particulars about II
and ne said that they had the money
between them and as he counted IT out
Hay began putting II in his pockets,
He put 1t In different pockets, he said
What was his appearance thatmorn-
ing?"
This was objected TO but the objection |
was oyerruled, and Mr.. Romney an
swered that Mortensen was quite agl-
tated."
Counsel for the defense asked that |
1. ha oh. |
jected to 1t. This objection was over
ruled also. Mr., Stewart said the Wit
ress was not able to state or testify |
that man was agtated Mr. Christen-
sen then wanted to know II man could |
not tell whether a horse was going
slow or fast If he saw II. The court |
interposed a word here and the case
was proceeded with.
"As people came into the Office" con-
tinued Mr.. Romney, Il told them OF
Hays disappearance and OF the fact
that on the night before | had COM
manded MOrtensen not to pay the
money that night, and Mortensen COR
roborated what ! said then tried 10
communicate with my father and Mr..
James Sharp and In about twenty min
utes we went towards the Deseret Ma
Mortensen turned 10 me and said: If
anything has happened to Jimmy I
shall always feel | am TO blame for 1t
for paying that money and, Ernest, /
VIII do all can 10 help YOU"
1--WE went 20 the bank and soon Mr..
Sharp arrived and | repeated TO him
the conversation had had with Nor
Jensen and Mortensen said what 7 said
was right. Mortensen told Mr.. sharp
that Hay had called at his Mace the
night before and got $500, Mr.. sharp
said he thought the best thing TO 30
was TO inform the police and Morten-
sen and I went TO the police station
and saw Chief Hilton. There Morten-
sen told the chief about paying the
money TO Hay, and said that Hay had
not been seen since. He told the
chief that Hay said 10 him. the de-
PENDANT, that he would take the money
up TO my place that night. Then we
went TO see Hays brother-in-law Mr. |
Rogers, and | told him OF the affair
and Mortensen again corroborated my
story. After that we went to the
Oregon Short Line railroad depot 10 see
If Hay had left on the 1850 train OF
the night before. Then we went out
" ANlffA lItlts I NNhf NU the fdf WIN |
me were MOrtensen. Rogers and He
her Sharp on the way out we met
Mr. James Sharp and his daughter !
Mrs. Hay, coming In on the car and
we returned with them. At Third |
South and Main street Peter Mortensen
lifted one OF Mrs. HAYS little children
from one car to another. Then I ask
cd Mortensen 20 go up TO my house
with me and have dinner. He con-
sented TO 20 and while at the dinner
table he did not remove his over coat
but sat sideways at the table and did
not eat much lie appeared to be very
nervous on motion Of counsel for
defense, the last sentence was stricken
out OF the record.
was anything said at the dinner ia.