The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1902-01-23

to his seat and sat down facing the
court
He listened intentIy to the testimony
and at frequent intervals made notes
of the testimony upon a pocket men,
orandum, but seldom spoke TO his at
torneys. he smiled and shook hands
heartily with his brother-in-law, R. c.
Watkins, and his brother. Henry, who
with anxiety and care plainly written
upon his cOuntenance, sat near his
brother throughout the morning.
Warning to Crowd.
Just before court opened, County At
torney Christensen informed the court
that the crowd, in its excitement the
day before, had defaCed and broken
some of the furniture, and asked that
an order be issued for the arrest of
any person found defacing the furni-
ture. Two deputies were stationed
among the crowd and given orders TO
arrest and bring before the court any
person found standing on the seats or
otherwise defacing them. The court
announced his intention of dealing Sc
verely with anyone who should fall
into his hands, and it was noticeable
that good order was preserved during
the day.
When court opened, George Z. Rom
ney, who was on the stand when court
adjourned the day before, was recalled
and took up the narrative Of the events
in the Office of the Pacific Lumber
company on the evening of the trag-
edy. He declared that he had en-
phatically warned Hay not to receive
the money from Mortensen that night
under any circumstances. and told
Mortensen not TO pay the money under
any circumstances that night
Urged Mortensen to Settle.
The witness then told of the writing
of the receipt for the $500 and in
answer TO question stated that Nor
Jensen had scrutinized the receipt very
closely The witness then described
the incidents of the following day. as
nave already been recounted in The
Herald. The witness stated that for
six weeks before the murder of HAY
he had been after Nortensen to make
payments on his bill. and asked him /
TO pay a little at a time, without
gether.
The prosecution then resigned the
witness to the defense, and some time
was spent in cross questioning him
about the relations between MOrtensen
and the Pacific Lumber company. At
torney Stewart took UP the evidence
introduced about the promissOry note
and attempted to pick it to pieces.
You say you know" said the at
torney that Hay would not deliver
any promisSory note to the debtor
without first receiving the money. For
The same reason you would know that
Hay would not have delivered that
note produced in court yesterday unless !
ne had received the s3,Se0?'
Would Have Been Marked Paid.
No, I don't" replied the witness.
He would not have delivered it if he |
had received the money without mark ]
ing it Cancelled -
The defense then attempted to show
that it was not always the custom of /
the lumber company TO have its prom |
issory notes marked Cancelled when |
they were redeemed, but Mr.. Romney |
maintained that the rule was an in 4
variable one and that Hay had been |
specifically instructed to mark this note |
Cancelled. /
The purpose and the value Of such 4
cancellations was then exhaustively 1
gone into by the attorneys. but Mr..
Romney was mistaken in his testimony
and maintained that it was an invari- l
able custom. At this point the court i
adjourned until afternoon.
Romney's Cross-examination.
The erOss-examinatioh of Mr.. ROM
ney continued for two hours during
the afternoon. the efforts of .ae de-
tense being principally directed toward /
breaking down his testimony n rela-
ton TO his ms -rUctions to day not 10
accept the money due from Mortensen [
the night of the murder, and TO Mort
ansen not to pay il at night. It was
also shown that employees passed in
and out of the Office during the con-
ference held between all three before
Mortensen and Hay started home.
The defense was also anxious to de-
stroy any significance that might at
rach TO ROmney's assertion that Mort
ensen was nervous. acted I'll a. ease
and sick and could not eat on the
lay following Hays murder and before
the body was found.
During the examination the prose
,utiOn objected several times. charg-
ng that the defense was seeking TO
ay the founda ton for The defense Of
The civil suits growing oaU Of the muir
Ter mystery rather than confirming its
Efforts to the criminal issue 1t hand. I
This c. ,. and Bernard Stewart. Mort
ensen's counsel. Indignantly denied. !
The crOSs-eXaminatiOn was productive (
II little Of startling or interesting
nature.