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

Il % 90 down to Forest Dale again
Dl,' moi the defendant Peter Morten-
:. would have to go with them ana De
=, to see and hear everything
,s., was said and done. AS soon as 'he
minutes had been read and the Jury
s,ned.J Judge Morse addressed MI stew
,t and said
az, stewart the court has been IN
,..s'ad that during the visit OF the jury
~ E,.est Dale that some Juror stepped
some distance that was mentioned
~ ,Ne testimony and some that was
~ oeptioned. The court rs also III
nOs ,a ~ ADMIT as TO whether or not the
ssiandant should have been present
sSsn the Jury went over the GROUND,
ME court now makes the offer that II
NV. i1 az desire the defendant may go
.."s The mry and visit the scene again
, make this offer in view of these
facts
POINT CLEARED.
NJ r B. Stewart said he had no OBJ
,.,,lons 10 what had been done, and
ns,rct Attorney Eichnor suggested to
-, co,,rt that his offer embody the
s,s,sment that the Jury also visited the
go ana cellar OF Peter MOrtensen.
mis- uas done but counsel for defense
h,5 no objections to offer as to what
~ been done and did not request that
portensen 20 with the jury on anoth-
., visit. Thus this matter was dis
posed Of In short order
COURTROOM CROWDED.
ling before Mr.. Eichnor began his
oDsnlng argument. standing room was
Al premium. All the available seats
wars taken and chairs from Judge
sewarts courtroom were pressed In
10 service. The aisles were crowded
With curious throng ana scores OF
persons stood on tiptoe In the hall try
;pg TO catch word now and then.
RELATIVES PRESENT.
Mortensen's father, brother Henry,
and the latters wife were present. The
accused appeared In court with sober
countenance and at times his hands
and fingers twltched neryously. He no
doubt fully realized that the fight for
bis life is now drawing to a close.
GRUEsoME REMINDERS.
Before Mr. Eichnor began his adj
tfess, he had all the exhibits I'm the
case brought into the court room. They
hcuded Hays clothing. his watch and
cain, the note and receipt ana the
tut Jar that have played so important
apart In the trial. Mr.. Elchnor be-
ga his address In a dispasslonate tone
nd did not affect anything bordering
a the theatrical He was deliberate
tM spoke each word In convincing
Hinner, and In tone loud enough to
bheard all over the courtroom and yet
DOT 80 loud as TO be harsh. His opening
nirss follows in substance:
MR., EICHNOR's ADDRESS.
II the court please. Gentlemen Of
ths Jury: Realizing the seriousness OF
lhh case, the magnitude OF the case TO
he state as well as to the defendant, |
congratulate you upon the nearness OF
u 10 the end, We have been here In
session for a long time. Some of you,
gentlemen OF the jury. have been here
several weeks and you have manifest
60 great patience, and II Is a credit to
esl Lake county that We have such
men.
IN w outset | made a statement 20
you or what we expected 10 prove by
CUT Witnesses, II Is not necessary for
,ls 10 read to you again the informa-
Won Ihat has been read to you. The
pAl We are now to consider IL whether
Fe'er Aoriensen killed James r. Hay.
clRcuMsTANTlAL EVIDENCE.
M | stated before, circumstantial
evidence Is greatly misunderstood. |
sAplalned before that II is q process OF
.eassohlng. Probably so per cent of the
Nshmony introduced into courts Is cir
ssu .'is evidence. 1t would be diff
.uut Y we were compelled to produce
~ ~, Witnesses TO crime OF this kind.
s song OF me most atrocious crimes, as
~. . AiioW, are committed In secrecy, In
s soie dark and solitary spot. Circum-
sshliai evidence should be considered
q any other evidence.
~ defendant wanted TO commit q
, ,, ne would be guarded about IT, he
sSsu not invite anyone to witness II.
yo p,' s'ln Is done in secrecy, as
you We'll know.
DEPLoRABLE CONDITION.
~ IS TO be deplored that we have IN
'a' a case Of this kind. No mat
", !, now civilized we are, and IN spite
I, 0ur schools and press. these crimes
~, solnelmes committed, and | saw
'Nol u Is deplorable.
nL hlohn0r then directed the iurv's
n Nv ~ 70 the case OF Prof. Webster
'o,, we harvard college which occurred
zone years ago. W
me- was man In good society. said
Nv, Prosecuting attorney. No one sus-
n, ~ y, nun OF committing such crime
- webster was Indebted 10 one DIR
b @' Nillah and gave the latter notes FOR
", amount he owed. He made an an
AZ, n.,ueht TO meet DR.. Parkman. The
49, ~. was seen going TO Webster's Ia.
M out was never seen to come |
~. ~ ABOUT a week Webster was ar
" M p ana charged with the murder of |
n raikman. When search OF the
"a talory was made. the teeth which |
d.susn made for a DR.. parkman by |
~. u,ulst were found. Webster WINS
w., Ian, ana convicted, but before ne was |
.,eu ne made confes.Io,
nan nv. notes ne had given DR.. Park |
sss ' esre found In his possession. He |
aar, .l9h who was held in high es-
: az 1nl yet he 80 far forgot himself |
nov Nv sonnit one Of the gravest crimes
noWn 10 man. "''s' q ''''eS
ant e e,snee vas then made TO the Dur.
,n,rs as. ar Elchnor explained what
2 Penni. .natseier was supposed to |
4 The nv nv eouid not believe him guilty. |
: was 'V ta me murder was committed.
nlnl,y ~ good standing in the com.
yss 49,, as a member OF the church.
.sy h'slsht superintendent OF a sun
4. hnvoi and member Of society
n,s ,ne esteem Of his fellows as a
irsn upright character ana nc a
nsrkshls sincere life. II is re-
hsld n Yhat at times men who are
ief an 'isn esteem will commit muir
-a1d rs UT causes that the human