Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1902-06-11
EIchn0r Tells
Details TO Juzy.
c,,s attorney Goes Over Ae Story Of The Srdesof James
q. Hay, as Depicted in The Eudence Produced in The
T,io-Had The Closest Attention From the Large c4udi-
srce-G ruesome Articles in Courtroom.

Il was thought 'h"'
lave to 90 down to Forest Dale again
y, that the defendant Peter Morteh-
:, would have to go with them ana De
s,.ssnt to see and hear everything
,s., vas said and done. AS soon as the
minutes had been read and the jury
s,Ied Judge Morse addressed Mr. stew
,t and said
Alr stewart, the eourt has been IN
ID mat during the visit OF the jury
y. T,.est Dale that some Juror stepped
.oroe distance that was mentioned
W NJ testimony and some that was
u ~ oontioned The court Is also IN |
IVY W. ADMIT as TO whether or not the |
ss . should have been present |
lsr the iury went over the ground.
WY w. eonrt now makes the offer that II |
.an so desire the defendant may go
IAN ,he iury and visit the scene again
make This offer In view OF these
facts
A POINT CLEARED.
n. n Stewart said he had no OBJ |
,.s,Ions TO what had been done, and |
n,,riet Attorney Eichnor suggested to |
-. conrt that his offer embody the |
s,s,sment that the Jury also visited the
sa"ss ana cellar Of Peter M0rtensen.
T,Is uas done but counsel for defense |
IA No affections to offer as to what |
ia been done and did not request that |
Wsrtensen 20 with the jury on anoth-
:, visit Thus this matter was dis
posed Of In short order
COURTROOM CROWDED.
Iore before Mr.. Eichnor began his
osnng argument standing room was
~ premium. All the available seats
xsrs taken and chairs from Judge
sswarts courtroom were pressed in
IA service. The aisles were crowded
With curious throng ana scores Of
persons stood on tiptoe in the hall try
;ps 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 a sober
countenance and at times his hands
and fingers twltohed 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
tress, he had all the exhibits i'm the
case brought into the court room. They
hluded Hays clothing. his watch and
cain, the note and receipt ana the
nut jar that have played so important
part In the trial. Mr.. Elchnor be-
sil his address In a dispassionate tone
nd did not affect anything bordering
q the theatrical He was deliberate
tM spoke each word In a convincing
ninner, and In tone loud enough to
kheard all over the courtroom and yet
DOT 80 loud as 10 be harsh. His opening
niress follows in substance:
MR., EICHNoRs ADDRESS.
II the court please. Gentlemen Of
hs jury: Realizing the seriousness OF
lhA case the magnitude OF the case 10
he State as well as to the defendant, |
congratulate you upon the nearness OF
u 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
81 great patience, and II Is a credit to
eal Lake county that We have such
men.
In " outset | made a statement to
you OF what we expected TO prove by
Vuf Witnesses, II Is not necessary for
nv 70 read TO you again the informa-
Won Ihat has been read to you. The
gaIl We are now to consider IL whether
se'eT Aortensen killed James r. Hay.
clRcUMsTANTIAL EVIDENCE.
AS | stated before, circumstantial
elMence Is greatly misunderstood |
sApalhed before that 1t is a process Of
.'asONlils' Probably so per cent of the
wslInohy introduced into courts Is cir
sunsantlal evidence. 1t would be diff
Avut U we were compelled to produce
Se witnesses TO crime OF this kind.
eoHe OF the most atrocious crimes as
. .yu AnoN, are committed In secrecy, In
s s'l,e lark and solitary spot. Circum-
~ evidence should be considered
o. any other evidence.
II defendant wanted 10 commit q
v ,1.,,,, ne would be guarded about 1t, he
ss not invite anyone to witness It.
"a o,, is done in secrecy, as
DEPLoRABLE CONDITION.
II IS TO be deplored that we have to
,'oSeoule case Of this kind. No mat
~ nov CIVILIZED we are, and IN spite
~ y our schools and press. these crimes
,be, sometimes committed, and | saw !
'HSt Il is deplorable
,,, r Echnor then directed the iury's
:, TO the case of prof Webster
~ lhe Harvard college which occurred
'O ,, years ago.
,he was man In good society. said
nec,t FsiVseouting attorney. No one sus-
N W nlin OF committing such a crime.
D.. "enster was Indebted 70 one DIR.
tbo eh and gave the latter notes for
s,llouht he owed He made an an
'a,' i.'leht TO meet DIR. Parkman. The
ho,a, was seen going to Webster's Ia
Nm, out was never seen to come
49,. ABOUT a week Webster was ar
m n ana charged with the murder of
4 rathman When a search OF the
IA 'a'ory was made the teeth which
"a d. osen made for a DR.. Parkman by
49, ,lllst were found. Webster wos
,Ysc S sna convicted, but before ne was
ma s ~, ne made confession
nav, M. we notes ne had given DR. Park
Tss eere found In his possession He
com man who was held In high es-
y =, ana yet he so far forge, himself
,no Nv commit one Of the gravest crimes
'nown TO man. "''9' 81 ''''eS
an, ' e..le vas then made 10 the DIR.
Ourrs ass. Mr. Elchnor explained what
. pan. character was supposed 10
4, ,ba 'ohle could not believe him guilty.
70 We June the murder was committed
nan,,y - good standing in the com,
was 80 s member OF the church.
Cav schoas snl superintendent Of a sun
II. M oSno9l and member OF society
mn ~ .ae esteem Of his fellows as n
nan H. upright character and ms
nsrth,ns a sincere life. n Is re-
hslt - mat at times men who are
eef ,sa lish esteem will commit mur.
-i1d rs,a .o1 causes that the human