Show romney testifies in the A disposition to disprove the guilt ot peler Mortena cn by the witnesses for alio prosecution wag evinced yesterday by the defendants attorneys from 10 a in until 5 p in their time was devoted to the cross examination of george ernest roancy manager of alio pacific lumber company who saw james K I 1 lay prepare the receipt for the and put it in hk pocket before starting on his last journey to forest dale and who was birst to hear rom lips am version of his in hay on the night of tho murder the two points alie defense sought to set aside were Morten sens proposition that hay should come to his homo after the money that night and suggestion that hay prepare the receipt for the money although somewhat confused by the adroit ing tho witness wag not to be shaken on theae material points alie defendant waa leas absorbed in liis writing yesterday and pasted much of am time leaning back in ilia chair locking and unlocking m fingers and watching the witness the room was well filled with spectators a majority being women during the morning session a class of young lady shorthand students from a business college were to do a little practicing but they were still waiting for a good place to start when the noon recess was declared george ernest said he had had a business acquaintance with the defendant for five years and their acla tiona were friendly up to he time of alie dav murder it waa brought out that alay had much work to do and occasionally did some work at nights and on sundays sir roancy was unable to say whether it was common for hay to call on and consult mor at night he did remember that sir hay had told of seeing watering hia lawn late in the morning and remarked that peter was foolish to be taking it easy and neglecting his contracts the defence tried to make it appear that had been anxious to pay his bill to the pacific lumber company sooner and had been put off aiom thursday until saturday and from saturday until monday but mr eorney denied it he said ho had asked the defendant constantly for money thereupon mr stewart read from his testimony at the preliminary hearing that lie had asked peter for the money only once or twice numerous queried as to the business customs of the pacific company followed alien mr stewart asked about the doors to the lumber office the ali beside it and the number of callers with a view to showing that the conversation about the alleged money in aliouse have been overheard on monday night by somebody either outside or inside alie building it was also elicited that the defendant had told the witness of judgments against him and that witness had counseled leini to through bankruptcy and also him to keep his money under cover so it could not be attacked during the cross examination mr romney at the request of alie defense named a number of people in forest dale and sugarhouse ward who were indebted to the pacific company the cross examination was resumed in the afternoon and sir Iton incy was questioned as liis feeling and afi alea he heard the money anthe house lie said be had been hooked became he thought it so as a business proposition to have no much cash on hand 1 I asked him said the witness why he did not bring some of the money along or pay us from time to time you did not know how long ho had had iliin money or whore he got itt bethe hethe r he abot it on saturday or sunday or monday I 1 no sir what did he say about paying you the money lie told us he was ready to pay us eliat night if we would come and get the money did he insist on paying it that N 0 he insist 1 sir stewart read from the transcript of the preliminary hearing one of mr answers in which he said mr told him lie did not leave the money ready that night and finally gained the admission that if he bad made such a statement it was untrue and due to a K sir stewart then rot sir romney to state that he had biad the transcript of the preliminary hearing at his home and had read some of it also that he had talked about hi testimony with sir and mr sharp what did sir hay say when you told leini not to accept the money that night that he 1 I believe you said that sir ban that hay write out the receipt t f ye yei i bir and to bring it along was anything strange about that nosir then you did not notice it at the time yes 1 did when you found out what the amount wa you tell sir hay and he begin to make out the receipt yensie Yen sir alien it was not at mr suggestion that mr hay made out the receipt yes it was the witness tried to explain the ap parent inconsistency but was shut oil by the attorney and the verbal fencing match continued lor a quarter of an j hour the defense to anat it was at mr direction alio receipt was made out the witness steadfastly denied this and struggled in vain to explain sonic of his former answers 1 I dont want any explanations I 1 want you to answer my questions and just a moment mr kooncy Kom ncy bete among the effectual gags used by mr stewart ben alio witness tried to make it finally came out eliat the receipt was made but neaily fifty minutes after alie figures were agreed upon by boiu ney and mr Koin noy said the receipt was suggested by a little before 8 0 clock and eliat hay had made it out a moment afterward did you seo him make it out yes sir were you looking over his shoulder t no sir could you see through his back no sir then you dont know whether he wrote it out then or had done so before yea I 1 do we pot up and looked at is just as ho got through writing it hiis there anything said about the receipt prior to the time suggested to mr hay to make out the receipt 1 I may nay no chy did you tell mr hay about the amount of the account and the order on mrs brixen so he could enter them on the bill and on the receipt no sir nothing was said about the receipt it is customary to receipt the billj bait you do giro other receipts yes was there any more said about the receipt or note yes about the note I 1 said it would be the better way to cancel the note across the face when it was paid so if we neglected to cancel the mortgage mr could ibave bid you use alio words the better way that is as I 1 remember it what other way did you have in mind no kotlier way that I 1 know of mr stewart asked if it was customary for mr gomney to tell mr hay the better way to cancel a note the witness said it was not but he did so tn this case because there was a certain peculiarity about the transaction namely the mortgage it you delivered a receipt in full and cancelled the note mr would double security would he not ies sir then it was not necessary to cancel the note 1 I should it was of the highest importance mr stuwart wart was simply for the protection of your debtors it was no protection to alie company tea in a way it waa if one of our employed emp loye should collect a note his name on the note would enable us to proceed against him if je failed to turn in alie money i tat is alie only reason why you had the notes cancelled 1 no not the only reason it was a protection to our customers and good business principles you know do yon not eliat sir could not have taken the note to the recorder and had him cancel the mortgage with that I 1 N but he could have compelled us to cancel the mortgage sir romney said ne had implicit confidence in hays obedience to his in and had never known him to surrender a note without cancelling it although hay may have done so A few questions were asked about the placing of the note and receipt in giaya inside lefthand left hand pocket and about the crowd of loafers on alie valley house corner what was said by mr liny about skipping to new that was in the office mr hay said jokingly ill get the money and skip to new york but I 1 am afraid mr would catch me before I 1 got liala way there we all had a little laugh over it attorney and witness then went over the events of the following morning the witness telling of the telephone message from regarding hay his subsequent meeting and conversation with the defendant and their visit to the desert national bank together from the deaerts bank mb Kom neya atory carried them to alie station 0 S ij depot and forest dale ho de again the meeting with jmes charp and mrs hay and told how abr biad carried mr hays child from car to car when the transfer was made tho witness was to say juat when he began to alie defendant and waa not eute that lie suspected bilm at all up to tho time they went to his mr house to lunch at this point alio court rose for the mr stewart requested mr Itoi uney to bring up his account books and receipt books covering the period of his later dealings with which the promised to do |