Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1902-06-13
(bas. B.Stewa1t
Finishes Speech
A., Storp Of The Defense 10 The Jury in The MorfenSen
,d,, Trial 7oday-cMr Eichuo1 Requests HIM 10
a.. Within The Bounds Of The Case and HE Test
..,nv That Has Been introduced.

was not dead,
This merely shows to you gentlemen
how that man was laying the founda-
ton to convict himself OF murder, but
the man recovered. Perhaps many OF
you may have been surrounded by pc
cullar circumstances which would be
hard for you to explain. II does not
pay TO cover up crime. Supposing /
should have been riding out on the hill
where that old man Collins was killed,
and those boys should have kept quiet.
Suppose someone should have seen me
there? Would they not say right away
that was guiltyY"
The attorney then repeated the story
related yesterday Of the prosecuting at
torney who quit his practice because he
had convicted an innocent man.
Now then. In this case where Is the
gun? The officers have searched and
searched They even went through all
the second hand stores"
"Mr. Stewart, is that in the testl-
mony?' asked Mr. Eichnor IF the
court please. object to the statements
OF counsel to something that was not
brought out In evidence"
The Court-"Counsel will coniine him
self to the evidence, and not so outside
of IT,"
III he had purchased the gun" con.
tinued Mr.. Stewart. "either In Ogden or
Provo, or borrowed the gun, they would
have learned something Of II. But
where is III" Counsel again referred to
the Hays case, Pointing to the defend
ant, counsel said; THAT man may be
deserted by all save his aged father and
the faithful brother who have stood be-
side him. II his mother were living she
would be by his side Even his little
childsen are not here, and are they to
grow up knowing that their father has
been branded as murderer
Counsel then went after Allen and
Chief Hilton again. 1.-THE testimony OF
Allen and Jensen is the only direct eyt-
dence. Suppose Allen did see Morten-
sen with a shovel on his shoulder. Does
that prove concluslvely that he mur-
dered James r. Hay? Do you know how
Chief Hilton got Allen 70 Identify Nor
Jensen? DO you know how impartlally
he got Allen to identify him? Did he
le, him pick him out among FIVE or
six men? Did he say. Nov which IL
the man? No! He took him there and
showed him which was Mortensen. Said
he Is In that room. That man on the
chair Is Mortensen Allen said IT
looks bad to me. He did not say he
Is the man. but he comes In here and
swears that he saw Mortensen. He has
SO little regard for human life.
You remember Busby going to Nor
tensen's house and crawling in the
cellar through the window. and search
Ing the place from cesspool to garrett.
Going there without search warrant.
when Mrs. Mortensen would have been
justified In shooting him down. A
mans home is his castle, and no man
has n right TO enter It, Then he comes
In here with shovel was raised
q farmer and my father always taught
me to clean the shovel when had used
1t. When Busby was asked II he found
any blood he said not q drop. When
asked II he found any other evidence,
he said no. Did you ever hear OF such
evidence 10 convict a man upon?
Another witness | wish to call your
attention TO, Joseph Jensen who said
he heard the shot. DO you believe his
testimony? ] don't believe there Is
man on this jury who could tell where
q shot come from. You can't even tell
which way the train is coming. That
man should have been hired by the
United States government at a salary
of s50000 a year. He could tell when
the enemy was approaching, He could
hear shot from cannon. a pistol or
rife and say shoot within 100 feet and
you will get the whole bunch" That
Is sample Of testimony. Salt Lake
should hire Allen. He can see so well.
He could detect criminals In the dark.
II is amusing but II Is serious. Anus
ing that Mr.. Eichnor should put such
witnesses upon the stand,
Why did not Allen say II believe
saw him" and tell the TRUTH"
Mr.. Elchnor-'I believe Mr.. Stewart
Mr.. Allen said told him TO tell moth
ing but the truth"
Eyes he said that" replied Stewart.
If we admit that Allen and Jensen
testified to the truth, II Is the only
thing. All else Is what the defendant
said. We all deplore the fact that Hay
was killed. but how much worse that
an innocent man should be convicted.
and then TO find out years afterward
the man who did commit the crime?"
Counsel then related several more
stories OF how men have been victims
Of circumstantia evidence and II was
found out afterwards that they were
innocent.
"The most potent fact in this case
Is the question Of money, his financial |
Gentlemen know not what |
your financial condition Is. and you do |
not know mine Mortensen worked |
night and day upon contracts. Did he |
not make money? II not why did he |
work? They first put Dana r. Smith |
on the stand 10 prove that Mortensen |
had no money in his possession or un. |
der his control. Might not Mortensen's /
wife have had the money In order 10 |
escape an unjust judgment? A man |
may be In financial stralghts but he |
honest, He could have taken the bank |
ruptcy act. and do you suppose he |
would have committed murder when he |
could have cancelled every note by that |
act Where had all the money gone
rom October 5, 10 December l6? III he |
had no money from other contracts, or |
4 he had money coming, why did not |
hey show III They only went TO one
If the banks. How DO they know that |
he did not make those checks payable |
10 himself?
How many instances In this world |
where we have missed the Judgment OF |
l win take some Of the stronger
points on the money question. Take |
dr. Cummock's testimony. He said |
he saw defendant al II o'clock at |
light Think OF II, bounded night az !
er night like this man was. Put your |
elves In his position, gentlemen, and |
zee how you can stand the resistance.
they say they have no sweat box. yet |
he way this man was bounded az all |
tours OF the night was worse than a
Iweat box.
Are you testifying, Mr. Stewart"
Isked SIR Eichnor, there Is no such |
violence In this case"
mo: you didn't put him on the |
tand +" thundprcd Mr.. Stewart