Show WITNESS HAYS HAY'S STAINED BLOODSTAINED CLOTHING Edwin C. C Penrose Tells of Conduct When Murdered Mans Man's MansI I Body Was Taken Out of the Grave It It It V It It It Pop It It It It It va It V It Po PoPo It It ItI va Po I i THE JURORS Po It It Joseph Smith age 33 33 mer- mer merV I V Po It chant residence Granger II It t Samuel Bringhurst age 40 I V. V It 1 farmer residence Ta Taylorsville I PoPo Vl Po Po It t H. H D. D Shurtliff age 61 61 farmer farm- farm C It l er residence Mill 1111 Creek p. p t V. V James M. M Barlow age 40 V It It salesman Clark Eldredge Co Po It It residence Salt Lake If It It Stephen R. R Le La Roy age 47 Po It It stationary engineer residence Po It t tV V It Salt Lake Po It t Henry Tribe age 65 Vi P. It turing engineer residence i halt alt I Po i It Lake ItI V. V I i Michael Micha l Kopp age 49 49 manufacturing manu manu- Itt P. P t confectioner residence It It at Salt Lake V It It William A. A Bills Bilis age 67 67 farm- farm It It 5 er residence South Jordan It It John T. T Alexander age 41 41 Vl P. It l residence Hunter It P. P Charles H H. Ingham Jr age It It 36 36 residence Salt H It HH H It Lake It It Alma H H. Rock 40 years ears old It t It t farmer and merchant residence It t It West Vest Jordan ItI tt It t I Po John B. B Dalley Dailey age 63 65 ml- ml It It ning fling man residence Salt Lake p. p C V r. r V. V V V. V p VI t 6 pp g V Peter contests every Inch of ground in the trials trial's progress with withas as much Insist Insistence nce and pertinacity as asIf asif asif If his life d depended upon each objection raised Should the defence follow this this line throughout it will require four weeks for the completion of the States State's case The examination of the first witness called was not concluded when the noon recess Was nas taken a a. Busy Dusy Man The The defendant himself paid little at attention attention at- at to the testimony but spent the time Industriously figuring covering page after fter page with his computation I No o a to the payment nt of the loney roe cor or as a's to tO- what what- statements statements- Mo mid made the money r i hs house 1 a and re re l be If were yere a d today t the fhe e w wetness ness Penrose havy hav- hav y tbt Q al d o t w. w JIdE f r- r r Not Affect Hia When the stained blood-stained clothing worn by Hay was identified gazed for tor a few m moments ments with apparent unconcern unconcern unconcern un un- un- un concern and turned coolly back to his sheet of figures The attendance was even larger than on Thursday about third one-third of the number present being obliged to stand Reporter on the Stand The first witness called was E. E C C. Penrose Penrose Penrose Pen- Pen rose a reporter who testified In substance as follows During the month of December 1901 I Iwas Iwas Iwas was acting as a a. reporter for the Deseret News On the day of December 1901 I wrote an article concerning the alleged defalcation of James R R. Has Hav HaOn On the day of December I visited Forest orest Dale I went because a telephone message was nas re received received re- re at the police station to the effect that the body of James R. R Hay had been found I went out with the officers We WeS stopped P first r at the Intersection n I of Seventh Sev East S and dah the Rio Grande track g Sf We walked opposite i We r west the tg grave down We the climbed track to the a feo fence point and reached the rave grave Around It were Officer Brown Detective Sheets and Detective Janney and the tho defendant Peter Digging Up the Body Dody Mr Sheets pulled up the part of the overcoat that covered the face of the body and told Officer Brown to dig up the body The body was lying e east tast st and west partly on the right side Around the neck was a black silk handkerchief Blood covered the tho shirt vest collar and a part of the coat and overcoat The left hand pocket of the overcoat was turned Inside out In the vest was a small gold watch in the pockets ts of the pants was a rule and some somo nails The District Attorney handed the tho witness witness witness wit wit- ness a dark coat and said Have Hav you ou seen een this Yes sir Where Upon the the dead d dead body OdY of James S R R. Hay on en December e t Clothing Is Identified The witness In like manner Identified the vest and overcoat worn by the deceased de ceased at the time the body was found When the watch was discovered Detective Detective Detec Detec- tive Sheets remarked In the presence of Peter not g eth the lo motive n n nf na f for that a the robbery b killing was v of Pl plainly James R R. Hay Hav made no reply Mr Hays Hay's hat at was s not found The defendant J i had a shovel e and assisted In searching t i for the hat and as h he did so so remarked THE TIm HAT MUST DE BE HERE SOME SOME- WI WHERE IEEE He lie dug around In the grave and broke up the clods The l body 3 was placed on a stretcher a and carried to 0 Hendry's store to Peter Mor- Mor was there When I Hays Hay's body was removed from O ie e the grave the defendant d said In a mechanical tone of voice Poor Jimmie Seemed Worried At Hendry's store while th the bod body Wason wag Was wagon wagon on the patrol wagon wason Peter l walked back and forth between the wagon and the store While we stood here bere Officer Off Off- eel Sperry Assistant County Attorney Loofbourow and James Sharp came up James J Sharp h stood on the top step of f do et 3 t the wagon and leaned over V the body of Mr Ha Hay The defendant stood by the front of the wa wagon on Mr Sharp looked at atthe atthe atthe the the- face of the dead man and said said sald Object said Mr Stewart State what he said that related to Peter Peter Pe Pe- ter tar said Mr Mc Eichnor A torrent of objections followed What Mr Sharp Said sJ The e witness was finally allowed to answer answer an an- that Mr Sh Sharp said They said that you ran away but you OU didn't d run He murdered you for a p piece of paper pre representing n which I h you never received said not a word but looked down at the ground Penrose continued He was placed under arrest and riding with him in the wagon to the police sta station sta- sta tion I had a conversation with him concerning cong con con- corning nJ the probability b of the murderer Jo ret g r being apprehended p h ani and about the money which he said that he had paid to James JamesR R R. Ha Hay lia He lie told me that he had kept the money in his cellar This statement was stricken out for the time being the proper foundation not having been laid Tracks Around Grave The States State's attorney then asked about the tracks around the grave and the witness witness witness wit wit- ness said that he observed ed four tracks looking as if ono one person had made two Continued on Page PaJe 6 Witness Identifies Continued from rom Page 1 1 trips trios rips to and from the grave or two persons persons persons per per- sons had made one trip On examination cross cross the defence brought out the fact fat that the upon the ar article concerning C i the h alleged defalcation F cW n nar of James R R. lie Hay fa halg had alg been from ex Chief of Police Hilton Hion to whom Mr Romney of the Pacific Lumber company and Peter had made madea a a statement concerning Hays Hay's disappear disappear- ance Telegram Was Wa Received The witness said further that he saw a telegram from some point in Nevada Nevada to the effect that James Jame R. R R Hay had been ben apprehended and that James Sharp had said sald to the te officers that if i Hay had taken taken the money he would have him b brought back Oe even though he was his s son son son-la- ln- ln law The witness wines again again described the scene soe the defendant at the grave and said that and walked down dow with the off officers i cers cars to the grave We Ve Ve found some blood on the rails rais and some on the embankment There w were re a number of people who came up to to the te grave and I could not say how many tracks led le from the te fence to the grave gave Better Beter Get The crowd kept on either ether side of the tracks r referred e to and the officers were tt tat at f looking g gr to see that t they were e preserved e Going back bade from the grave to the railroad railroad rail rail- rai- rai road rod track the defendant did not make any remarks I did not know the defendant defendant defendant defend defend- ant at that time and remarked to Detective Detective Detec Detec- sen tive Sheets that he had llad better get Morten- Morten It had been my un understanding that was to be arrested Sheets wa told me that was present Ground Was Wa Frozen the body was The ground covering frozen Looking d down wn from Seventh East street one could see the location of the grave When we climbed the fence we went to a point about twenty feet west of the grave The wires Were tight We took hold of a post to climb By the fence and about way half way hal between the fence and the grave were two Imprints where the body had be been n placed on the snow There w were re no tracks upon these imprints The snow under the fence was not disturbed in any manner There was wa another imprint im im- im imprint imprint print of the body just south of f the grave I This one was bloody That's Tats Tat's My Poor Son Son When James Sharp looked at the body of Mr Hay his first words were son my poor son His other remarks were not addressed addressed ad ad- dressed dresse to any particular person person The defence then went back to the question queston of the pockets in the tle tle dead deadman's deadmans deadmans deadman's deadmans deadman's mans man's overcoat and the witness winess answered answered answered an an- positively that the right Inside pocket of the overcoat was turned In Inside Inside Inside In- In side out as s sis was is the left inside pocket of the overcoat I Beside the four tracks that I have mentioned there was a track leading from the grave In a northwesterly di dl- dl Tracks Track Not Disturbed On redirect It was brought out that the witness winess had seen no one walls walk walk where he would disturb the tracks leading to the grave The conversation between the witness witness witness wit wit- ness and the defendant In the police station staton was U then e brought out In substance substance substance sub sub- sub sub- stance the witness winess said said as follows I remarked to td the defendant that I hoped the murderer would be apprehended apprehended apprehended an and r it looked 1 rather dark for him but I trusted he would be able to prove his inno innocence ence He replied I I 1 can do that all al right get the people who did it It r f Why said i Ii do you think there ther was more than one ne hs h's Reply Oh I dont don't dont don't know he replied I I 1 dont don't know anything about It It it On examination the defence again took up the q q ston of the tracks leading from the railroad to the grave and the witness winess said th that t he made no careful examination o of oJ them and could not say positively that they were similar States State's Objection Sustained The examination cross cross of Mr Penrose reP Pen enrose rose was ws resumed at the the opening of the afternoon n session In answer to Ator- Ator I i I 1 I ney St i-St-ewart- Stewart the witness said I first visited the scene of the murder murder mur der on December and on several other occasions after that On On Friday Friday Fr- Fr Fri Fri- day day December I was at t the grave Mr Sharp was also present When When asked ake as to what took place lace at that time Attorney Eichnor Ob Objected b b- b upon the gound ground that nothing relating to any other date than December December December De De- De- De cember should be admitted admitted Attorney Attorney Attorney At At- torney Stewart made a lengthy argument argument argument ment insisting that the te entire time occupied one transaction and that It was all al a part of the res re gestae Judge Judg Morse Morse- sustained d the States State's objection The Gun Episode Attorney Stewart then went b back ck to the question queston of the search searCh made for the hat and gun The Te witness said On Friday Mr Sharp said sid to me ne You had better beter come with me Vere We Ve Weare re are tre going to find them and when WIdo w WI v do that will wi prove to you what there is in the principle of revelation Further examination along this line lne was wa nor denied denie upon l objection of Mr Eichnor Eich Eich Eich- The witness continued I noticed on the occasion of this visit th that t ground grund surrounding the grave had been trampled down by hundred hundreds of People Talk With Wih Defendant In answer to Attorney Eichnor the te witness winess said I asked the defendant ant how he thought the crime had had- ha b been en committed and he replied that he bad no Idea idea After leaving Hendry's store we met mt Officers Sperry and Davis Davis Dais hailed haie the driver of the wagon and asked for the defendants defendant's rubbers took them the and went ba back k to the grave on the Stand Frank the young man who discovered the body of Hay was n fl next called caled by the State He testified as follows I i am are 22 years of age and have lived In Forest Dale for seven years I 1 resided there during Deom- Deom Deom- Deom bar er be of last lat year On the morning of December I was in the house hous and left lert lef home between 8 and 9 S o'clock in th the |