The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1902-06-07
IN AN UNGUARDED MOMENT
M0RTENSEN LOOKED BACK
Says He Saw Defendant That Fatal
Night Near Jimmy Hays Grave.
Terribly Damaging Testimony Is Given by the BOhernaw the
Accused Murderer

ION clear. moonlight night in last
II December. a solitary figure pIod-
ded through the snow along a
railroad track leading to a lonely spot
where a murdered man lay supposedly
unburied. On his shoulder he carried
| shovel At the sudden approach Of
a street car, he turned his face towards
it. The motorman in that fatal in
slant saw and recognized the lone
! pedestrian.
Yesterday, in a court of justice, he
swore unequivocally that the man was
Peter Mortensen.
The accused murderer of James r.
Hay has been buffeted by crushing
waves of testimony for weeks. Each
and every day the blows have rained
more thickly upon his head, each one a
little harder than the last and all of
them blighting disdguring. terrifying.
But none so terrific as the climax OF
a day of ciimaXes. yesterday afternoon,
when John Allen sWore that he saw
Peter MOrtensen walking toward James
Hays obscure grave. carrying a shovel
at twenty minutes after 10 on the night
of Dec. IS. All the testimony that had
been given against this defendant sunk
into comparative insignificance when
this witness made his startling and
positive Identification.
Mortsnsen Was Unmoved.
NIortensen sat as fmmovable as stone
without the slightest tremOr, without
moving a muscle. but those who
watched him thought they saw the
perspiratiOn start from his pores and
cover the sphinX-like visage.
The jury. the officers and Il vast
crowd. of spectators listened TO Aliens
story with raPt attention It made its
impression from the beginning but
I that impression was vastly deeper
when the witness Withstood a severe
technical rOss-eXaminatiOn without
harming his story in the least degree.
For almost two hours. Attorney c. B.
Stewart endeavored to break the wit
ness down. II was a well-conceived
and adrOit cress-fire of questions, and
would have driven many another wit
ness to desperation But Allen emerged
from the conflict signaIly victorious.
Hardly second TO the street car mans
testimony was that OF Charles F. Wat
l1ins. brother Of Mrs Peter MOrtensen.
who swore that when he asked the
defendant If ne could show where he
got the money TO pay Hay, Mortensen
replied
Mortsnsen's Appeal to watkins.
Ny accounts are in such shape that
it viii be necessary for you TO say you
t3aned me from $1,000 to $500"
This witness, too. found 1910 in gold
! hidden in MOrtensen's house after the
day of his arrest
It was shown yesterday that MOrten-
sen after his arrest. handed his broth
er-in-law an unendOrsed check for S25S
executed by John NJ Cannon. and told
him 10 take il away, then told Chief
Hilton. in substance, that the money
realized on this check was part of the
gold he gave Hay
II was shown by. Deputy Busby that
! MOrtensen owned another shovel be-
sides the short-handled and different
" shaped shovel he gave to TOrgersen
with tie remark that it was the only
one he had
1t Was shown by resident Of Forest
| Dale that shot was fired in the Vi
cinity Of the grave at $3.50 on the fatal
night
These witnesses were apparently not
anxious To tell their damaging stories.
Z Especially was this true OF the broth
eTs-in-law- who were almost unwilling
to tell al they knew against the de-
| PENDANT, If this can be judged from
! their hesita ting manner on the stand.
All in all it was the most trying
day of the trial for Mortensen.
Those Jars of Gold.
Detective George 4. Sheets was re-
called at the opening OF court. He cor
robOrated the statement that Morten-
sen claimed 10 have had three jars fun
Of gold i'm the cellar. The witness and
District Attorney EichnOr then seated
themselves upon the settee formerly in
( MOTteusen's house showing IL 10 be
barely large enough for two persons,
and went through the actions OF Hay
and MOrtcnsen. according 10 the de-
scripti0n Of the latter, when the mon
ey was paid over
Mr. Sheets then testified 10 the con-
/ versatiou between James Sharp and
Mortensen al the Iatter's house Tues
day. said the witness.
Mr. sharp addressed himself TO Nor
tcnscn and Ernest Romney, and said:
You people say my son has run away.
/ say he has been BILLED and you pe0-
| pie are responsible He said that in
substance, not Jess than twenty-five
times in our presence.
ply"
"Once. He asked Mr.. Sharp how he
knew his son was dead"
What did Mr.. Sharp say in reply o.
He said the body would be found ia
less than twenty hours.
The witness had d converse ton with
Mrs. Peter MOrtensen the same day
which the defense prevented him from
testifying TO-
Continuing. Mr.. EichnOr asked for
tho substance Of conversation the
witness had with the defendant after
his arrest. The defense objected strong
ly and was overFuled-
Where He Got Money.
"T asked Mortensen 10 show where he
had got this money" said tie detec-
tive. and he named serveraI Jobs on