The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1902-06-13

Mr. Stewart argued that IL Morten-
sen had gone on the stand he would
not have been believed. But if Hays
body was still buried, he declared.
! there would not be the least clue to
Mortensen's guilt.
He pointed out that Mortensen might
have put Hays body in the slough
where it would not have been found
until spring; in the willows, in the
ditch. anywhere, but knowing that
country, ne would not, counsel argued,
/ have selected the most conspicuous
| spot in the field to dig the grave, with
P, in a few feet Of the railroad tis5ck.
which is traversed every day. A foot
/ pad would have taken the nearest
/ spot, however. regardless of its prom
inence, for he would have been in a
hurry.
IF Allen hadn't been so positive, I
might have believed him. said MT
Stewart, with reference 20 the motor
man. "but if ever 1 knew a truth. it
! is that what that man testified to was
! impossible"
Allen was rated al some length by
| the attorney, who then passed on to
/ the contradictory statements of the
/ defendant and advanced the argument
| that those with whom Mortensen
/ talked misConstrued his statements, as
/ they were all seeking evidence against
! him.
II Romney advised Mortensen to keep
| his money under cover he must have
| known Mortensen kept his money in
! his house. If so. argued Mr.. Stewart,
why should he storm about it, as he
said he did, in the office.
Wept at Hays Death.
cents related that he loved James r.
Hay and weDt when he heard Of his
death.
But" he continued, ct have not
! been able TO conceive that Peter Nor
Jensen killed my friend If I thought
50 / would be one of the first to hang
him"
A recess of ten minutes was taken
and. UPON resUmiug. Mr.. Stewart gave
brief history of the trial and con-
victiOn of Hayes for the Pelican Point
murders in 1895. as an example of the
perils OF circumstantial evidence When
ne came to the testimony that Mrs.
Hayes said her husband had killed
her boy. the attorney declared that
the jury could not go beyond the tes-
timOny in this case and find anything
so strong.
why" demanded Mr.. Stewart. "did
the state not put this little woman,
Mrs. Henry Mortensen, on the stand, to
say that this defendant was out that
night? Why didn't they call Peter
Mortensen's wife? We haven't OBJ
/ jected."
Reverting to the Sharp revelation.
counsel said there is always a dream
or a manifestation in a murder case,
and in this one, for the first time in
the history of crime the state has in
troduced evidence from a supernatural
source.
ooh, I believe that God may talk
| to man." exclaimed Mr.. Stewart. but
1 do not believe in a God who stOops
so low as to permit one man to take
! the life of his fellow man and then
reveals to his agent who killed him. "
Mortensen and Hays Child.
The manner in which Mortensen lift
/ ed Hays child from one car to another
/ was described elOquently. the attorney
/ asking if it was possible to believe that
/ he could do such a thing after Staying
Hay.
A case in Paris was cited in which a
/ boy was tortured until he confessed TO
/ a murder, and after his execution, an
\ other confessed to the crime.
/ Ed PenrOse, the Deseret- News re
porter, small Of stature, happened TO
{ be sitting in the MOrtensen settee while
Mr. Stewart was speaking, and the at
tOrney suddenly seated himself along
side, to show how two men built like
Hay and the defendant could sit there
with d sack, between them, more easily
/ than could the district attorney and
/ Detective Sheets.
! LOOfbourOw, Sheets and Hilton came
in for "roasts'' for slight discrepancies
in their testimony regarding the eX-
animation of the cellar wall and for
/ depending upon lighted matches tc
| make the examination.
Mr.. Stewart had not concluded al
I the hour of adjournment. He Will nm
ish this forenoon, after which Mr. Eich-
nor will make his closing argument