Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1902-06-16
:MOztensen is
Ne1y Se1ious.
u Can Die Without Flnchm9 i Necessary VANS a
ac,, Trlal-HS c>qlosneys Knou Nothing Of One
PRISONER Tells Ne.o Story About Money Wanted Fsom
u,s q3yother.in La@-Likes Judge bv' gNiof Jury.

against the iron ratings. Not that ]
was afraid OF the result. Ny sorrow
and worry was for my family, because
| love them
DEEMS 1T INJUSTICE.
II consider great injustice has been
done me- Now. take the testimony
OF Charley Watkins. for instance. lie
got the wrong Idea about that money
OF course, | don't say that he told any
thing but what he considered the truth
I don't think he ever cared very much
for me. although we never had q WORD
In our lives. When he called at the
police station | didn't ask him for the
loan of the money to show that nad
Maid Hay. | had nothing TO conduct
defense with, and told him that he
might not have 20 put up a dollar,
wanted the money for my defense, ana
that is why asked for 1t.
WOULD NOT BE BELIEVED.
"Wen, why did you not go on the
stand and so testify, or have that fact
brought out in cross-examination?
was asked
what would have been the good?'
ne asked in reply. MY attorneys adj
vlsed me not TO go on the stand. They
thought II best. But the next time
shall go upon the stand
you expect a new trial. them
NEW TRIAL EXPECTED,
Eyes, am sure will get new trial
OF course, / cannot Say why. because
| have not talked II over with my at
torneys yet: but | expect Barnard
Stewart down today or tomorrow to
talk about Il.
ADMIRES JUDGE MORSE.
81 know officers had other clues but
they only made a half-hearted stab at
following them up. | consider that
great injustice has been done me, but,
as / said, | have nothing to FEAR ana
/ can stand IL. | was greatly surprised
In that jury. would thousand times
rather have my life placed in the hands
OF Judge Morse than jury
ABOUT THE SHOVEL.
Mortensen then referred TO the testi-
mony OF Torgersen about the shovel,
and said he would not have been fool
enough TO have told Torgersen he only
had the one shovel and then leave lhe
other one I'm the barn And az TO the
marks made by digging the grave ne
did NOT think the marks warranted the
statement that the grave was dug with
any particular instrument. His theory /
is that the grave was dug with boarc,
that the dirt vas scraped out As the
reporter turned TO 30. Mortensen said
Some OF the other reporters have
mIsrepresented me and II you do. you
will never get another word out OF me-
WHAT ATTORNEYS SAY.
Attys c. b. and B. ]. Stewart were
seen at their Office In the MCCORMICK
block this morning and when asked II
they intended to apply for new trial,
said they had not considered the matter
vet, but II they decided TO apply for a
new trial they would say so. The state
ment that they had said they would get
a new trial on some errors was denied
by both gentlemen. THAT was all made
up. we never said anything Of the
kind" was their explanation. They both
said they regarded the criticism OF
Judge Morse for not ruling out Mr..
Sharps testimony with reference to the !
revelation as an unwarranted attack |
upon his honor. They were both loud |
in their praise Of Judge Morse's fair
ness and lmpartiality during the trial.
MIR. EICHNOR.
District Attorney Elchnor stated TO |
n News representative this morning
that there was absolutely no chance |
for a new trial.
"There Is nothing for the defense TO |
get O new trial on, he said. There IL |
no error In the record. OF course they |
can appeal the case on a number Of |
points, and | believe they viii do so, |
The testimony Of Mrs. Hay of what her |
husband said 20 her Just as he left the |
house is a point upon which our SUI
preme court has never passed upon. |
But, OF course. II viii be sustained. |
on, no, there Is no change for a new |
trial. AS TO Mr.. Sharp's testimony, |
the revelation. that was brought out |
on cross examination and is part OF
their case. Judge Morse could not |
have ruled that out. There was no
motion niade TO that effect, and some
Of the best lawyers of the state have
said that mad the court ruled II out, II
would have been an error"
There 10 generally good feeling over
the result OF the long trial. which has
cost the state nearly $1,000, and Mr..
Eichnor has received scores OF letters
and messages Of congratulatlon for his
able prosecution OF the case.