The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1902-05-30
STRUGGLE that will be keen


II enduring. a struggle for human
Il life and liberty began yesterday
g. tho criminal division Of the Third
s..tr3rt court Peter Mortensen, the
.c.used man. emerged from the first
5svs conflict apparently sick and dis
beartencd.
This was the effect Of the opening
statement of District Attorney EichnOr
,,1irh included q statement of the de-
g,1daUt.s financial condition last De-
rerbcr. the figures of which if sub
sfantiated will prove to an absolute
certainty that Peter MOrtensen did not
have the 81 500 which ne claEns 10 have
rsid James r. Hay on the night of the
Forest Dale tragedy.
While this was the only really new
feature Of the case that developed i'm
The trial Yesterday. IL was profound
When the states attorney comm need
10 read TO the jury columns of figures
bv which he expects 20 forge a tre-
rendous link I'm the chain Of evidence
against the accused. the effect was tell
ing upon the defense. Peter Mortensen.
who has hitherto maintained a stOlid
Indifference TO what was said of him
and his guilt. dropped his head, and
for hours did not look up from a sheet
Of paper upon which he was sCribbling
items intended to counteract the tes-
umony promised by the state.
Changes in the Prisoner.
When nc did raise his head. it was
not the same Mortensen who sat in
front Of Judge Morse ana stared jurors
and spectators out OF Countenance for
many days. His cheeks were pallid.
his eyes dead, his marble features
solemn and severe. on his left sat
The brother. Henry. whose aid has been
invaluable 10 the accused
He stared vacantly towards a corner
OF the room and FOR minutes did not
move a muscle. The father. apparent
ly the least affected of all, sat quietly
making entries in memorandum
book. Whether the situation impressed
him as fOrcibly as others, or he was
ousylng himself to prevent display
OF his emotions, was q question
DIR, Eichuor continued. dispassionate-
ly, with his presentation Of the facts
I'm the case from the standpoint Of the
prosecution. tt was o. strong. fOrceful
statement Of the case.
Two Witnesses Testify.
During the day. Deputy County Sur
vey0r j. j. MCAEister and County
Physician II y. Mayo were ON the
stand. The first named substantiated
the maps made Of tho scene Of the
tragedy and the doctor proved the
death OF the murdered man. When
court adjourned it was until Monday
at 10 O'Clock.
The court room presented an unusual
appearance yesterday morning. Large
e3sels and uprights for the accOmmo-
cation OF various maps TO be intro
lueed az the trial stood near the Jury
poH. as vel as the couch that formerly
stood In Peter Morteusen's house and
Upon which ne claims the money was
counted ont 90 Hay.
promptly at 10 o'clock Judge Morse
ordered the reading of the informant ton
',.eT which both sides announced them
serves 10 readiness to proceed. Attor-
IVY 4. Is. Stewart requested an order
Ag'udlng al witnesses from the room.
ana 10 was granted. James Sharp and
onefs left the room under this order
ana the states attorney was then
.aued upon to make his opening state
Mr.. Eichnor's Opening.
gentlemen Of the jury" said Mr..
-''HHor the state has no desire to
resent anything beyond the absolute
1u'h 20 this case. If I discover any
."neSS either for the prosecution or
l- oeiense. who perfumes himself. I
eve YOU my word he win be arrested
lore he reaches the elevator. The
.a'' gentlemen, will not throw a false
iN INTO tho scale that shall weigh
~. Ute OF Peter Norteuseu. But we
.u demand. above all, the truth Of the
"'. HirAnor in q few words defined
law of murder. In this case. he
-' lhe jury will not be confronted
NJ. '1' lesser degrees of murder. for
Jensen Us either guilty Of murder.
%. Is NOT. lIe next told Of the
,..t. Noighhurly relations that eN-
~ '''Woan James r.. Hay and Peter
,-"s'A. The one being secretary of
I td'l1e Lumber company and the
ne, contractor and builder: how
L.'hSen had. I'M the course OF his
-l'N''S. purchased lumber from the
paHF named and how ne had be-
hon, "aeoted 20 the company during
ne rerIied the efforts Of Manager Err
81 Nomnoy to secure a settlement Of
s--. account against Mortensen. which
~ ny, 10 $4,000 Less than two
~ PRIOR TO The murder, on Dec. ;.
.,.HeE asked Mortensen to do some
lug mug, and the latter replied that he
'-a try 20 make arrangements.
Aortensen and the Money.
,.Nen 1T was continued the dis
Pr, 'TnNE that Mr. ROmuey asked
:, M'ri'nse1; How are you going
No. Ias us. Where will YOU get the
EN-. Peter MortenSen replied by
Me-. inE a number Of people who
owing him and from whom he