The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1902-01-25
WANT DISCHARGE
OF M0RTENSEN
Attorney Stewart Says Evidence
Is Not Sufficient.
NO DEFENSE is OFFERED
nEcIsION WILL BE RENDERED
BY JUSTICE NIELSEN TODAY.
NO DEFENSE is OFFERED

whatever defense counsel for Peter
,fortensen has to advance win not be
--sda public until the case comes up
for final trial. Announcement was
-,afa Yesterday that no defense would
Ls made at this time and the prelin-
mary hearing came to a close. The
.roeinr feature was an imprisoned ar
,r7re1t in behalf of the accused man,
5rorney O.. B. Stewart occupying over
a., hour iu his review of the case. At
n o'clock today Justice Nielsen will
make known his decision whether the
prisoner is TO be held for trial
The argument followed a motion
made by Attorney Stewart to dismiss
sr,rtensen on the ground that the evil
der,a 2dduced is not sufficient to war
ami his further detention At times
,bs lawyer became dramatic, and the
fbrong that focked to the court room
WAS well repaid for the effort.
Deplores the Murder.
That James X. Hay was cruelty muir
6ersd on the night Of Dec. IS was ad e
mitted and deeply deplored by counsel.
THAT Petnr Mortensen was the last man
IN talk with him before he met his un-
timely end was conceded. But, coun-
sci proclaimed. not q sCintilla of evil
5arca mad been introduced 10 shov, that
1fortrnsen had aught to do with the
murder.
II was contended that the defendant
had $500 concealed in his home that
night and paid it to Hay. The prosecu-
ton he said, had not disputed it. The
receipt and note introduced by the
state as damaging evidence against the
prisoner simply attested the fact that
Fl was paid.
Attorney Stewart coutended that
whatever theory the state might ad-
vance connecting Mortensen with the
crime could only be a fallaCy. If Hay
knew the money was concealed in the
cellar. as was testified. what would
prompt him to go down into the lonely
moor where he was slain? On the 9th
OF hand. would the state undertake to
show that Mortensen struck down Hay
Al 10 o'clock almost at his very door
ON a bright moonlight night and carried
his body through the suburb and dowr
me railroad tracks a quarter of a mile
Did Mortensen appear like a man wnC
could perform that task. lift the body
tn the fence above the railroad ditcf
and east il over the five-fOOt barrier?
Others Would Have Done Same.
So far as any suspicion attaching t
has actions. the attorney maintained
that any man in court would have act
ed as sorrowful AS Mortensen, If clos
friend had been murdered under sim
liar circumstances particularly If tn
iron hand Of suspicion seized upon him
1T was Sharp. who felt this blow
most severely. who said Give this maj
a fair trial l viii be the first to de
fend him from violence. sh0ute'
Stewart He is anxious 20 see Pete
Nortensen have a fair, lmparta
chance. when James K. Hay disap
peared how many condemned ina
honest man and said he had gone IA
away with the money entrusted Z
biq7 All save his dearest friends. TIL
public press accused him! And Vnel
his body ~. found torn and lacerate
even the newspapers had to say, "
made a mistake.
Nav BE Another Mistake.
can it not be that another mistak
has been made with this man Morter
sen? God knows his life IS as sweet {
him as yours or mire to us-hls chi
dren are as dear. We submit this cas-
to your honor to decide according
the evidence and your conscience. A
we ask is a fair review o. he evlden(
and we will have no apprehension as
the outcome. -,
Attorney Farley Christensen, for II
prosecution. INDUCED in no argumen
and the proceedings came &c CLOS
with the announcement OF th9 magl
trate that he would take a day to n
view the evidence and would &nnoun'
his decision today.