The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1902-06-13
OUFING his argq ia oehait oil
II Peter Mortcnst esterday fore

,r-FrNG mis- argu NJ ia behalf Of
Peter Mortense esterday fore
II noon. Attorney Barnard j. Stew
.-. s4rarrcd the theory Of the defense
go how James r. Hay met his death
Z. ts the first word that has come from
us--enscr's side tending TO fasten the
crime upon another than the accused.
and it is "a theory which, had it been
backed up by evidence that Mortensen
had $500 ON Dec. Is. would undoubt-
eiry have resulted in the aCquittal of
the defendant
The defense says, i'm substance. that
Mortensen and Hay were shadowed
from The Office of the Pacific Lumber
company to Forest Dale by robbers
who heard of the money transaction.
and that Hay was murdered by them
! after receiving the gold The action
of the defense i'm putting forth such
theory was foreShadOwed by The Her
s,d during the trial. the prediction be-
INK based on the nature Of questions
asked by Mortensen's attorneys
Do presenting the theory. Mr. Stewart
called attention to the fact that the
lumber compaay's Office is situated only
a block and "a half from the Short Line
depot 10 is surrounded by yards. cars
end aIlevways and has three doors and
four or five windows. il Is such
place. he said. that transients and men
Of evil mind would lounge about, and
Go is easy 20 0verhear any conversation
that might occur within from, the out
side VIZ
Stragglers Might Have Overheard.
There is whore Mr.. Romney stormed
and Numbered about this gold being
i1 Peter Mortensen's house" continued
Nr stewart. 1T is an ideal place for
a straggler To- OverheaT the conversa-
ton. Is 10 not likely that it was over
heard and that three or four parties
were ON guard that evening with the
intention of robbing the house of Peter
M0rtenSen? Nobody knows who was
on that car when Hay and the defend
ant left town. Do YOU not believe that
these bad men might have prowled
around MOrtensen's house until they
saw young Hay enter il to get the
money! Gould they not have seen.
through that blind that was raised
eighteen inches, the two men counting
She money!
And when HAY came out with it,
What was J0 prevent them from put
tins a gun Cd bis head and commanding
him To walk along tho street. down
that railroad track. opposite that field
telling him he would not be harmed
il DO obevpd2 They could have
watched for ears. There was no dan
ger of detection i'm that lonely neigh
horhood. And after getting him there
near the field. 10 hide themselves. why
would they hesitate TO shoot him? I
challenge the district attorney to tell
mo how Mortensen could have got Hay
down that track
But why should they bury him?'
Che district attorney may ask. The
gold was heavy. large bulky. 1t
would not be an easy matter to escape
with that much money if Hays body
was found next morning. Or. more
reasonable stiu, they may have buried
James r. Hay for the sole purpose Of
throwing suspicion on Peter Mortensen.
They knew enough about the situation
from what they heard i'm the Office to
make this reasonable. They knew Hay
would give the receipt and the note.
Didn't Want Jewelry.
why didn't they take the watch?
Because they could have been identified
oy that piece Of jewelry.
When YOU take into consideration
lae many tracks that were found there.
gentlemen, when YOU consider the inn
possibility of one man standing on that
narrow ledge next to the ditch and
WToWing a body over the fence, might
mere not be something to it?
But as YOU have heard, before. We
o'A have to- prove the defendant in
.o'enJ This is simply a theory that
mas come Co us as we have heard the
evidence
This IFS Tho hypothesis upon which
,.' Jurors are expected To reason out
NE Innocence OF MOrtensen. as they
nave sworn to do, if it is to their
minds rrasonlblc.I
NF Stewart finished his able and
.'gV'Ht argument yesterday forenoon.
s'1 during it NCrtensen came nearer
'.'dN7g down than he has ever done
'-.r The trial commenced. The at
.-ey made a touching reference to
e children Of the defendant. saying
.e hrnthers-iu-laW of the latter had
s'emptod to brand the little ones with
~. paternity Of murder, by turning
'Sd.hst Mortensen. The eyes of the