Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1902-01-24
HEARING ENDS.
at Final Session OF the
Preliminary Examination.

The olg and tiresome hearing Of the
Moitensl.aay murder case was con-
eludN 20 iaf as the preliminary testi-
uOng and Arguments are concerned, at
lg IBIS nOrning The decision OF the
togH Will come at II O'Clock tomorrow
morning al which time II viii be de-
tdii whether or not Peter Mortensen
MI AVE 10 face a jury OF his peers TO
ltnej fol the murder OF James r.
HS " be declared an innocent man.
Attorney Barnard Stewart stated this
mining that there would be no de-
isist a this time and that the argu-
nsas would be to show that probable
cause had not been shown that the ac-
tl'sd Killed James X. Hay on the night
q December the 10Th. The argument
vas made by G., E, Stewart and during
llF zine he occupied the attention Of
h' court he spoke In a very earnest
all lorcetu manner, and was listened
WIN rapt attention by lawyers ana
Eseiaors alike.
Alter the court adjourned the han
Vas crowded for long time with little
Nvlls OIL men and women all discuss
'he various phases of the remark
.le case and each having an opinion
sApIess. which he or she did express
~ Als, OF her' own peculiar way. 1t was
nt,esIlng as well as amusing 10 listen
70 lhe arguments Of these persons ia
tllp0fl on Moptauoapt 10 .,,,ti. ,. t,,a.
ttnce e - 'N
AR sTEWARTs ARGUMENT.
Attorney z, ,, Stewart began his ar
s'5 10 al ND o'clock. He said
A, = .i sae court please, on behalf of the
r.'usanl we renew the motion made
'sA nlSht and ask the court to dis
NE, @..N lnls defendant on the ground
, ,Ia' .aele mas not been sufficient cause
h Vsn 70 believe the defendant guilty
y, y ,De ollehse charged" Counsel then
.s n nor section 4613 Of the revised
SI.Is explaining the duty of n COM
A. " magistrate In sitting on a case
e,g ns , ana at bar providing that the
l,S merely had to find that a crime
ny, s'y Dveh committed and II there wn.
sgr. Ole cause TO believe the defendant
s,; ol The oifense. IL the count
asw nay lhere was not suhlcien,
n, (, W pelieFe the accused guilty,
hon y IVA was his duty to discharge 49,,
tsi,S, lsy Stewart then read the com.
b Raw ~n'ch was sworn to by officer ].
DAbl Nv" ana illed with Judge c. b,
=, lbs s.. dete9dant," continued coun.
cbs,s.iS Under this COMPLAINT
lbs s s with the crime OF murder IN
Aesrng uesree' The object OF this
ntroSs,d'ss 70 ascertain Il the evidence
aus I ~ ny the state shows sufficient
Ma, y believe the defendant guilty
.ecn eIlme has been committed has
iS.owh, but that this Defendant
Aown. wat crime has not been
h. ,, sse i that the court understands
N is,o AMY Of evidence and is learned in
Div Low co, ana ask your honor To- care.
9hsiaer the evidence as T reviau,
he wo ",s'' 70 say that this murder Is
his sts, 'nel was ever committed in
oundlns Inc circumstances aur.
re the ue commission Of this crime
hen N. most terrible indeed Nav
B No ,n ,e Jaw presumes The defendant
uny I benat until he has been proved
When a youu reasonable doubt
ficersa ylline has been committed H.
! ami y, me law are naturally eorer
,eonrenehd the criminal ana tbev
q vsg ~ arrest persons who wers ~
Of for v C"neeled with the crime. Ii Is
1t ppll,vy nohor to find this defend
/ 10 S eer beyond a reasonable doubt
c sS sentence the accused . '"'''
JuyS' Any, men said the prosecution bod
aisnS, W wiring a confession from M
DsIbia and added. "Yes. nve,.v
coniese,io,oo' mas been made 10 tear
IAN XVI ,i'.h from the breast Of this
Crrn,..' lo one can deny h." '
lptss attorney Christensen inter.
4 s css " ask where in The evidence os
mr., you'd anything he found i,
.eWsr a 3uch statement. Attorney
lsstlor I t,. not deign to notice ne
emf ~ continued with his arpn.
obs IA le cited authorities ON ,ontss-
InvIs oul asked the court 10 ,al,e ioto
prsb,'allon the possibility NJ n Ma, isV
A. nslon Of statements tho, H vs.,
The n reIsons accused Of crime.
ire have ', r who have testified
nave proved beyond the shsaou