davidaulloa/AmericanStories huggingface dataset:
Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1902-06-17
AND ATTORNEYS
Disagree Prisoner Says Lawyers Wouldn't Let Him Testify and
They Say He Wouldn't Jurors Declare They Did Not
Consider Sharps Revelation al ALL

dences Of the maus guilt was that
eleven good men voted the same as he
had done.
AS TO Mr. Sharp's testimony ! only
considered that part where he accused
Mortensen Of numbering his son.in-law,
and M0rtensen hung his head and could
not reply The revelation never enter
ed our minds our belief Is based upon
evidence. II we have no evidence We
can have no belief. | had no evidence
that Mr.. sharp received the revelation,
aud therefor could not believe It. The
man got q fair aud impartial trial and
he was convicted upon the evidence"
MORTENsEN HAD A FAIR TRIAL
Juror Stirling X. Leroy said "a
man never got a fairer trial in any
state In America than did MOrtensen.
We did not consider Sharp's testimony
as 10 revelation. Aside from
that we regarded him sim
ply as an American citizen under
oath, In fact the revelation vas never
mentioned. When we took an informal
ballot. two stood out for awhile. one
recommended mercy, but after dinner
we agreed that as Mortensen had
shown 40 mercy To that young man
Hay, he was entitled 60 none
we had been selected out Of | ,250
men, and ! argued why should we
place the responsibility upon one lone
mGn--Judge Morse The other man
hesitated ON account OF Aliens testi-
mony, but We argued that laying that
entirely aside. the chain was complete.
The state had the evidence and the
defense did not OF course the Stew
arts made a good fight. and they made
nice iowery speeches but what we were
considering all the time was what this
witness and that witness testified TO.
We were watching the evidence ] was
surprised when they selected me as a
juror, l thought when ! told them !
had been an officer for years that that
would settle IT, Mr. Stewart explained
that he kept me because ] said | would |
not convict a man on clrcumstantlal |
evidence II there were any weak links |
IN the chain. have had probably as |
much experience In courts as Mr. Eich-
nor and he Stewards, and ] tell you |
that the chain contained no weak links
/ feel that have done my full duty and
| have no regret"
When seen today regarding the jurys
verdict, Maj. John b. Daley said:
There never was any doubt in my
mind. after the evidence was all In.
that M0rtensen was the guilty man. OF
course. I did think when we took that
informal ballot that perhaps II would be
better TO recommend mercy, but after
Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1902-06-17

Peter Mortensen said TO News
reporter thut he did not go on the
stand IN his own behalf because his at
torneys advised him not to testify, that
II was the best thing TO do, in their
judgment; hut when he gets q new
trial. he win testify. He also said he
knew he was convicted on public senti-
ment, and on James Sharp's declara-
tlci flat Cod revealed to him that he
(Mortensen) killed Hay. lie said the
jury had to col t somebody. and that
somebody was himself
MoRTENsEN's STATEMENT DE-
MED.
His statement was repeated TO his
attorneys, c. b. and b j Stewart and
the former said that the situation was
just the reverse SO far as Mortensen
going upon the stand was concerned,
They. wanted him TO go on the stand.
but Mortensen thought II would not
be wise TO do so and declined. Was
Mortensen afraid TO testify? The IN
ference is that he was.
PUBLIC SENTIMENT AND REVE-
LATION.
AS 20 his conviction being the result
Of public sentiment and James Sharp's
revelation, complete and unequlvocal
answer Is given by members of the
jury in the following statements made
to the News" this morning. The first
Juror interviewed upon the subject was
Henry Tribe He said
WHAT HENRY TRIBE SAYS.
The first thing did when we got to
the jury ROOM after our foreman was
elected, was to move for an Informal
ballot to see where we stood There
were ten straight votes for guilty Of
murder in the first degree One was
for not guilty and one for murder in
the second degree The one who voted
for murder in the second degree
was soon convinced that II the man
was guilty at all he was guilty OF |
murder In the first degree. He was
either guilty or innocent Mr.. shurtliff |
voted not guilty for the sole purpose Of |
Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1902-06-17
UNE II. 1909. SALT LAKE CITY, UTAH.
SALT PALACE
MUSICIANS STRIKE.

Manager A. S. Zimmerman Of Helds
Military band has called his men out
OF service at the Salt Palace. where he
had the contract TO furnish music for
the present season. Mr.. Zimmerman
said this mornings The management
of the resort has failed to pay our
music bills so far and we feel that we
would not be justified In continuing our
men in service with present prospects
before us. ] have repeatedly asked for
a settlement In accordance with the
terms Of our contract, which provides
FOR weekly pay days, but have been
unable TO secure our dues. presume
that we shall be able 20 make settle
inent soon but TO continue service UNI
der such Indefinite circumstances was
quite beyond the question with us"
we are very clad and willing 10 give
open.alr concerts az Liberty park free
TO the public said Bandmaster Held,
nut when it is n business contract
we insist upon the cOnirac. being lived
up to, We work hard TO satisfy our
patrons Tor pay and the public fOf
glory and we expect free treatment In
return. II may not be generally known.
but II Is a fact nevertheless that mu-
sioians and their families are Obliged
to eat and so with other people money
Is required to pay their living expenses.
An unfulhlled contract buffers no.
Dody's parsnipS' and our band men can
not i've upon the mere fact that thew
have a job. They must have their pay.
Notwithstanding the apparent existence
OF a general impression that they are
unlike other mortals in their physical
requirements.
with reference TO our trouble Wiz
the salt Palace people ! feel Justified
Is seconding Mr.. Himmerman's order
calling the band out Of service there
We have over $500 coming from them
for services rendered and think II *
time that some returns were being
realized
Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1902-06-17
C0ALVlLLE FOREST RESERVE
Matter Submitted b. Senator RawIius
Referred to Geological Survey.
Especial to the oNews.")

Washington, u. C., June 1.-THE
commissloner-gene OF the land Office
has notified Senator Rawlins that the
matter pertaining to establishing a for
est reserve at Coalville has beeen re-
ferred TO the director Of the geological
survey for a report upon same.
A pension OF $50 per month has been
allowed Earl V. Williamson, Salt Lake,
with back pension amounting 10 S6l5.
william A. Hilgheimer, Of Pocaiello.
Idaho. has been admitted TO practice
before the Interior department
Patents granted: James W. NELL
and ]. II. Burhend, Salt Lake. recover
ing metals from ores; Frederick X.
Christensen. Sandy. Utah. vehicle tire;
Leonard ]. Lohlein. Lusk, Wyo., com
hined applicator and syringe.
Judge Coburn has left for Salt Lake.
w. A. Nsiden, Of Salt Lake. 10 here.
Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1902-06-17
Catholics Honor
HK. CZeQezQnd,
me A"94Shn'aH College Of ST. Thomas of Khanoua Con.
ters Upon Him HE Honorary Degsee DoctOs of .JurH.
Pr"dence-Fiss Time Epes Conferred in United States
Addressed Graduates on Their Duties and RESPONSIBILITIES

philadelphia, June i7,-For the frst
time In the United States the honorary
degree OF doctor Of Jurisprudence was
conferred today at the Augustinian col
lcge OF ST. Thomas Of Vlllanova. The
recipient was former President Cleve-
land, who had already had the degree
OF LID conferred by the Princeton
university The ceremony OF confer.
ring the degree upon Mr.. Cleveland
was a part Of the commencement ex.
ercises OF the college. and followed the
dedication of new monastery coli
lege and chapel
The Austrian ambassador. Mr.. La
dislaus Hengel Mueller, Baron Won
Hengerbar, received the honorary de.
gree OF doctor Of philosophy.
Honorary degrees were also con.
ferred as follows:
Rev. VIM, j. Hlll, I'll. D.. rector Of
81 Paul's church, Brooklyn. and Judge
Morgan j. oBrien Of New York, Phi
ID. ="
Doctor Of Laws Former Judge Joseph
~ paly OF New York and Judge r. f.
Fitzgerald Of New York.
The exercises were held In the col.
lege Archbishop Ryan presiding. Pro.
ylous to comforting the diplomas. Mr..
Cleveland spoke briefly as follows:
This incident prominently suggests
TO my mind the imperious edict OF edu-
cation which forbIds the hlndrance or
disturbance Of IT'S high mission BY re-
hgious discrimination social mtoler-
ance or any OF the barriers that 10 n
greater or less extent separate civilized
communities The republic Of education
IL based upon identical aim. equnl
rights In its opportunity and impart-
auty In the distribution OF its rewards.
and honors.
This, 1t seems to me. Is impressive
~ Illustrated when the severely Catho-
Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1902-06-17

menso crowd tomorrow and TO give fair
treatment TO all. George a. Robethan,
the newly appointed receiver. will be
assisted by five clerks and today he Is
having built chute leading TO the of e.
flee Just wide enough for one person.
And Col. ii. V. A. Ferguson will be In
charge Of the outside department. and
here ia where some OF the trouble is ap-
pretended when the special arrives
about 3 o'clock. II is absurd TO think
OF order. II Will be mad, selfish,
surgng mob, rushing for first
place In the ranks Doubtless few
VIII waive the right TO leave the cars
by the usual end door, and will en-
deavor to leave by the window. Further
I must Je remembered that the hour
is near closing time, and as far as UNI
derstood down here there will be no
night shit run In the Blackfoot land
office, and II is doubtful II the clerical
force at Hand can file the proffered re-
cords the following day Altogether
the situation IS exciting and Pocatelo.
though outwardly quiet Is hoping for
the best, bright future Is befoie her
whatever the result Of tomorrow. A
number Of persons have arranged relays
OF horses. some OF two and three horses
rom nixon 10 Blackfoot, and one has
n relay of nine horses from Pebble,
near Chesterfield. east OF Pocatelo, aud
although the special leaving Mccain
mon at 1880 p M viii cause many to
take advantage Of that yet horse
men believe that the run Of A. miles
can be made In hours 40 minutes with
a relay Of nine horses, and that would
beat the traln by 20 minutes, II on time.
The most serious obstacle to horse
men Is the five miles of sand between
Ross Fork and Blaokfoot. Most Of the !
stores viii close tomorrow and the |
shops also except to those who wish to |
work, the company generally granting |
leave Of absence to all Who ask for 1t. |
An Intense undercurrent OF excite
ment prevails the people interested |
here, ana many feeel chagrlned that
the "sooners' are allowed out In the
MUS and favoritism Is claimed and |
stoutly denied In the agency. BY far
the greatest rush tomorrow Will be for
he copper belt Immediately east OF
the city; many miners went out there
and although turned back
by the police they saw white men there
hat were not molested and Il any UNI
fair work is done tomorrow It viii
be resented. The gossip
Of the town centers on the Bell Marsh
copper mine on Bell Marsh creek,
tributary to the Portneuf. discovered
by Doc Dubois, brother Of Senator
Fred 7. Dubois, nearly rs years ago.
and which has been worked intermit-
emily for a number Of years Among
he noted visitors here now Is Mr.. Ray
Ntannard Baker author and magazine
writer Ana Artist l.. l.. Blumenchein.
II New York, both arriving from Butte
his morning for the express purpose of
aklng notes and Sketches Of events
tomorrow. The gentlemen were quit,
busy today with preliminary prepara-
ion, interviewing and seeing The
lights of this the Gate city.
Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1902-06-17

vices from Georgetown, British Guiana,
under date Of June IA, say that the Nor
wegian steamer luton arrived at
Georgetown that morning from Nene-
auela, and the chief officer reported that
Venezuelan revolutionists, command
cred the vessel June at Barancas.
The chief Of the party. Gen, Valentine
Perez, took charge Of the vessel. Rev
dictionary troops were then embarked
on board the Jotun and she conveyed
about $50 Of them 10 Bolivar landing
at the latter place June T. Then Capt.
Melting was allowed TO resume COM
mand Of the ship. and she was taken
on the other side Of the bay where he
loaded CATTLE on her return voyage
when passing ST. Felix, Venezuelan
troops fired on the Jotun from two
vessels. killing Capt. Melting and
woundng a passenger named Nownes
The government vessels pursued the
Jotun, but she succeeded In escaping
Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1902-06-17
The Situation
In Venezuela.
Discussed BY the Csbinet-DeCided TO Send KarShipS
There mmediateiy-is In Pursuance of q General
Policy of looking After American Citizens.

Washington, June 17-The cabinet to-
day discussed the situation in yene-
zuela, 80 far as 1t Is revealed In the
press dispatches, and in some cable
grams received by commercial COM
panies operating In that country. 1t
was decided that one or two warships
shall be sent at once to La Guyara.
This action was taken not upon definite
adyices but in pursuance of a general
policy of looking after American citi-
zens In case Of disturbances. While the
orders have not yet been given, II is
expected that the Cincinnati and the
Topeka, now at San Juan. r. r., which
have been held In readiness for this
very service, win be dispatched at once
to La Guyara, where they should ar
rive before the end OF the week.
ST. Thomas, d. w. l.. June 17,--Ad-
Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1902-06-17
..--,-i-.-,.-i-i-t-.-..
FIRST MAN AT BLACKF00T.
he Was j. r. Miller, Who Ran
sNeck and Neck Race With
f. L. Dokay.
Especial to the 'cNews"(

! Especial to the 'GNews.")
| Blackioot, June IA long
! line Of spectators formed in
front Of the land Office and the
tops Of buildings were crowded
v WIN Spectators, watching for
lhe great race. At l:lO pm.
nuge clouds of dust along the
sandy road that stretched to
zoe south heralded the APP
pFo o, Of the racers.
The cloud raised along the
sandy road looked like smoke
penlnd a fast moving train
as a 1t approached town, two
dlFiy riders emerged, racing
neck and neck on horses that
va'ered and stumbled from
' exhaustion. On they came
Plying whip and spur, first one
ane Ca and then the other.both
pulling IN in front of the land
once not 10 feet apart and
u making the &c mile ride over
N ,ile sandy road in l hour and
10 minutes.
r . H. Miller was first and F.
\ Dokay Of Blackfoot, second
; ssA' came a surry, which with
i Iol. relays made the trip in /
DOuf and Is minutes.
Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1902-06-17
Ar PocATELLo.
= "a" Lakers to Take Their
finances with the Resi-.
especial 10 the "News {,

|,,,,,,, p',lal 10 the 'News.")
,rsS s,.o. May ia mighty ,hrong
|ioVB 1, : passed last night here. Al
b 26o6 vas @as estimated that not less
liz y sliangers we're in the clty
| hing ,be 80 ,he rush today. This
|msn,asS '' crowd had been greatly
ted ~, ana II is conservatIyely
|als We. -s no' less than $500 new ar.
slgrsi ., ~ ,ae ground waiting for
ild NJ, ~ sne noon whistle that
Wy ope,. mem on the way to the
nea goyernmen, lands.
Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1902-06-17
FROM THE REsERv ALTON.
George Ford Says Pocatello Has q
Great Future

George Ford is back from Pocatello
business trip, and reports the settle
ment situation up there as more or less
seething. He says, For years that In
dian reservation, valuable tract II
mineral. grazing and agricultural land
has been surrounded by fringe Of set
Elements constantly growing as the
country was settled up. And yet u wa,
impossible TO put a pick ar a spade Ia
TO any part OF that reservation With
out having the Indian police on yonr
trail White men could NOT camp cut
In the same place for two niph's, and
people crossing the reservation we've
forced to keep on the move Bu; now
that the Indian has been bought on he
will be removed to other reserve ons
or else settle down and go TO ..llng
like the pale face. | noticed tina. the
people waiting TO make tie rush in'o
the newly opened lands are moi poor
people; they are men with money, and
they viii do some tall dete opIng when
settled down on the new lands.
Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1902-06-17
Killed In Park Avenue Tunnel

New York. June l7.-lra A. Shaler a
contractor who has been building the
RAPID transit tunnel IN Park avenue
was probably fatally injured today and
WIN. Barclay Parsons, chief engineer
OF the transit committee. was slightly
hurt by a stone falling on them while
tney were In an excavation. Shaler
was struck on the head.
Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1902-06-17

"Pocatello will grow Ike the vine
and the green bay tree from now on.
with people rushing In there from all
parts OF the country The rai'roa d
company Is erecting there the greatest
machine shops I'm the United States.
and the number OF hands employed by
the road at that point is constantly in
creasing, Pocatello is destined to be-
come a great CENTER
Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1902-06-17

raising a discussion. This was an In
formal ballot. The first regular ballot
we took we all voted for murder in
the first degree, straight,
There was not a word said about
that revelation. take no stock IN the
game at ALL we paid no attention 10
and so far as was con-
cerned, We paid no attention Go
the testimony OF that street car man.
We didn't need Il. The chain was COM
plete without that As TO public sem
timent ! tell you that from the time
that jury was completed until We went
into the juryroom to deliberate upon
our verdict there was never a word
raised between the Jurors upon any
matter pertaining 20 the case, The man
was convicted solely upon the evidence,
and Sharps revelation and public SEN
tIment was not considered for a min
ute"
SUBJECT WAS NEVER CoNsID-
Erred.
Joseph NJ. Barlow was next seen and
he said you can say for me that the
subject OF revelation was never men
toned. As stated before. I don't be-
lieve II. | didn't believe IL when the
attorneys asked me. and don't believe
II now. although have the highest re.
gard for Mr.. Sharp.
when We went into the juryroom
we were calm but We We're serious and
fully sensed the responsibility resting
upon US. We agreed that We would
take an informal ballot and that 1t
would not count. Two of the Jurors
held out, but Mr. Shurtllf explained
why he voted for not guilty. one said
he thought We should recommend
mercy for fear there might be a posi-.
bic doubt that someone else was guilty.
although mind you this Juror was firm
Isl convinced OF Murtensen guilt as
any Of US. We were all convinced be.
yond doubt that Mortensen was gull.
tv. and We agreed that inasmuch as he
killed his friend and neighbor he was
entitled 10 no mercy. We reached the
verdict on the first ballot, and We
would have given II sooner but the
court kept us waiting half an hour
Public sentiment did not enter into the
OF the case az all. one Of
the jurors said one OF the strongest en.
Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1902-06-17

Settlers, or boomers" as they
are sometimes called, are re-
qulred to so out TO the section
upon which they desire 10 locate,
then M north TO the United
States land Office at Blackfoot TO
record their filings. That Is
where the race comes in. Each
square represents a section, or
Gao acres. and the area thus
shown is OF the land that today
was thrown open TO settlement
That part within the ave mile
limit" In which Pocatello is
situated, is withheld for the
present, but will be opened up
on July 18th.
Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1902-06-17
Was a Relative OF Washington.

Chicago. June l7.-Mrs. Julia a.
Davidson, a direct descendant OF the
Washington family, died here today
aged 81 years. Mrs. Davidson's grand.
father was Col. William Washing on,
q cousin Of George Washington.
Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1902-06-17
On Tracr and MerrIlrs rrnn.

Vancouver. Wash. June l7.-Before
daylight this morning Robert Buswick.
one OF the posse pursuing Tracy and
Merrill. the escaped convicts was shot
at, presumably by one OF the fugltlves,
Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1902-06-17

about six miles from bere. The bullet
did no damage except TO tear his coat
under the left arm. Bloodbounds were
brought here from Walla WallR this
morning and will be put on the track
OF the fugitiyes.
Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1902-06-17

That the advertiser wants TO get into
Celi ~ the Negs Office and 10 Will
Satisfy You that tho Ness is tbs paper
tnL. reaches 1he people at their ire
Audubon Republican. [volume] (Audubon, Iowa) 1894-1925, 1902-03-20
MoLssERRY BILL PASSES.
Only Seven Votes Cast Against Rail-
| road Indebtedness Measure.

Des Moines, March 1.-THE Mols.
berry bill removing the limit of indebt-
edness of railroad corporations in Iowa
went through the senate yesterday
morning with only seven votes against
it. The vote stood SO yeas and nays.
Those voting against the measure were
Crossley, Dowell, Garst, Healy, Porter,
v llson and Whine. The debate on
the measure was continued for an hour
or more before vote was reached.
Hartman made an extended speech
IN support of the measure, appealing
to the members not to become preju-
diced against the bill just because it
had the word railroad" in 1t. He
said the Iowa law limiting the bonded
Indebtedness of railways to two-thirds
of their capital stock was passed fifty
years ago, and the same rule was then
made to apply to other corporations
except insurance companies. Since
then times and conditions have chang
ed. When the law was first passed the
railroads of the state were new and
needed restrictions placed about them.
Molsberry closed debate on the bill
by proposing an amendment to take
the place of the one pending by Healy.
The Healy amendment provided that
nothing in the bill should be held to
authorize the creation of an indebted
ness in excess of the limit now fixed by
law for the purpose OF acquiring. can
ceiling or Withdrawing the stock of
such corporations, or for the purpose
of acquiring the stock or Indebtedness
of any other corporation. Molsberry
proposed instead to amend the bill pro-
viding that the two-thirds limit OF In
debtedness shall not be exceeded ex-
cept when the articles of incorpora-
ton originally provide therefor or are
amended to include SUCH provision.
He thought this amendment would
meet the contingency feared by Healy
that bonds might be issued to squeeze
out minority stockholders, and not en-
barrass the railroads at any time.
Healy contended that the Molsberry
amendment did not cover the ground
he sought to cover. The Healy amend
ment was voted down, however, and
the Molsberry amendment adopted,
and then the dill went to vote. This
is the bill which has been accused OF
being one of the first steps toward the
location of the new Burlington COM
pany IN Iowa In furtherance OF the
Northern Securities company merger
plan