Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1902-06-13
Afternoon session.

twelve men chosen TO try MN.
Afternoon Session.
At Is minutes TO 9 o'clock this after
noon the doors were thrown open
to admit the horde of curious persons
who had assembled 10 hear the argu-
ments in the case When the doors
swung back, there was q shout and the
next moment the people surged in like
Mr.. Stewards herd Of stampeded buffa-
Ices. Men, women and children, old
and middle aged men and women
crushed, crowded. and clawed for a
place in the room. An aged man and
an old woman fell to the floor when the
crowd rushed in, and had 1t not been
for the timely assistance of cooler
heads, some one would have been SER
lously hurt. Within four minutes after
the doors were thrown open, almost
every available space in the ROOM
large enough for a person TO stand, was
occupied.
At five minutes to o'clock, District
Attorney Eichnor entered the court
room armed with a mass OF notes, and
transcripts of testimony, ready to be-
gin the effort Of his life, to make his
final argument to convince the IL men
before him that Peter Mortensen Is
guilty of the murder of James X, Hay.
Mr.. Eichnor's argument was begun In
q serious, convincing and telling man
ner Each point he drove home right
from the shoulder, and the Jury and
audience drank In every word with in
tense interest.
Gentlemen shall not call any juror
by name, (" began Mr.. Eichnor, because
In some states II is considered error.
noticed that the defense used every
jurors name and that was done for the
purpose TO make the jury familiar with
the attorneys
Before | attempt to answer the futile
arguments Of counsel for the defense |
wish to say something about the treat
ment of Peter Mortensen Mr.. Eich-
nor then said II Mortensen had been
mlstreated then II was to the shame of
c. Il. Stewart and Barnard Stewart. II
he was mlstreated there was way TO
remedy II by simply reporting It to
either Judge Stewart Of Judge Morse.
The defense tried TO make much out OF
the sweat box" but 1t was in evidence
that the accused had been kept In a
room at the city hall. my friend c. Il.
Stewart was at Forest Dale when Nor
Jensen was taken there the day after |
his arrest, ana IL anything was wrong |
he would have prevented IT,"
Mr.. Eichnor called attention 10 the |
statement Of counsel for defense that |
he wanted TO score a conviction be- |
cause the public had it's eye |
upon him. He said he had |
never yet prosecuted as man who he |
aid not believe guilty. Atty. b. ]. Stew |
art took exceptions 10 the statement |
but AIR. Eichnor proceeded. As to the |
argument OF defense that many men |
were convicted on circumstantial evil |
lcnoe and afterward found 10 be ino- |
.ent Mr.. Eichnor referred 70 num- |
Der Of cases where the accused was |
convicted by witnesses and yet |
were innocent II jurles would refuse
to convict q man because some mis-
takes have been made society would |
be ruined and criminals would be get \
free The stories OF victims OF clrcum-
stances were the products Of the over
heated brains Of romance writer's when
the hero always Is saved and goes of
Ia blaze Of glory. As to circumstan-
ilal evidence, 1t is just as good as my
evidence
I'VE are not considering the Hays
ease. You are not to say whether Al
red Hays was guilty or not. You are
70 consider whether or not Peter Nor
.ensen Is guilty Of murder.
MY friend. Mr.. Stewart cried.
Where is the gum why, gentlemen.
hat cry is insignificant Peter Nor
ensen had IS hours the start Of the
ulcers to hide that gun As 10 the
)lOod. II was the easiest thing in the
world for Peter Mortensen 10 burl a |
'hirt or coat. When Peter Mort a1san |
vent into this he didn't intend TO leave
my trace and be caught. He is an L.
clligent man. and he had sense en- Juga |
O dispose OF the gun or anything else"
During Mr. Eichnor's argument h. J.
stewart repeatedly interrupted him,
,ut the dlstrict-attorney took It good
As 20 the argument about the round
lose shovel that Mortensen gave Tor
ersen the prosecutor said: Nov.
hen. II Peter Mortensen used th.
quare Iointed shovel would he not
i've Torgerscn the round nose shovel
instead OF the square point? He would
% Il for the reason that II he sent
he square pointed shovel Toreerscn
night have noticed that Il was such a
hoyei tat was used In digging the
rave. he told Torgersen he only had
ne shovel and yet Mr.. Busby found
his shovel In his barn. Look al IL In
ne light OF reason. Would n guilty
ION send down the shovel with which
G dur the graveY As TO counsel's ar
ument that the wind blew the dust
y the wall, Mr.. Elchnor answered n
Y saying there was snow on the wall
nd II must be peculiar snow that con.
ists Of dust 4
There Is one Point. They can't disnuta +,
u. Hilton; they can't dispute Mr..
heets or Mr.. Loofbourow. thar The 0
lst was not disturbed on that vail Q
Inc argument as 10 the settee was v
zen taken up. They argued that Hay | J
nd Mortsnsen sat on the settee so
icy could not be seen as the blind was I
p Now, gentlemen. why in the name .
common sense did they not null u
1wn the blndg II they took The "
recautlon to sit on the settee 10 "
700 qfing seen from the window
mere the tllnd was up. why did thay e
u take the precaution 10 pull down =
L phndY That Would have been The 7
ost natural thing in the world for f'
Now, they cry that Mortensen said he
lld the money. Why. Of course he
qua say that when Hay was miss q
2. ne paid him the money. He Ger ="
my would rot say, Hay came over
y ! elan pay him any money!"
Gentlemen. 90 you believe HAY went
CT ihere and said Ernest cent him n,
7 the money. From the noble char.
.lcr on jams II. Hay. do you believe ~
ID ,ell a llef" ''"se"s n
The tfstiruonV NJ A.. -. =