Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1902-04-28

Peter Mortensen, who is charged with
the murder OF John r. Hay,was brought
into Judge Morses court room this
morning for the special purpose of be-
Ing present at the drawing OF 100 addi-
tonal jurors to the regular panel OF 80
rom which number a jury OF twelve
men vii be drawn to judge Of his guilt
q Innocence.
FIRST CASE IN UTAH.
This Is the first instance In the his
tory OF criminal procedure In Salt Lake
that defendant has been brought into
court for the special purpose of being
present at the drawing OF the special
yenire of Jurors to serve at the trial
Of his case The total number of jurors
who will be summoned for the trial OF
the case Is $780, which is by far the
largest number that has ever been
drawn on any case In this state, In
the Benbrook case there were about 100
drawn, and In the Hamilton case
less number than that.
THE STATES POSITION.
The precautlon taken by District At
iorney Eiohnor, in having Mr. Morten-
sen present at the drawing this morn
ing was to guard against any possible
technical objection TO the proceedings.
According TO the law defendant In
criminal action must be present In per-
son at all the proceedings concerning
his case Mr. Eichnor holds that the
drawing of the special yenlre of jurors,
Particularly In homicide case, Is part
Of the proceedings and hence requires
the defendants presence in court. The
csctrict attorney has established pre-
cedent, by his action in this case, which
IN the future will be dangerous one.
for attorneys for the state TO omit II
they wish to avoid objections which
might prove fatal to the case OF the
prosecution,
PRISONER RODE IN CARRIAGE.
Mortensen was brought to the county
building In carriage by Deputy Sheriff
Raleigh and entered the courtroom a
few minutes past 10 o'clock. He APP
feared in good physical condition, hav-
Ing the appearance Of being ileshier
than on his former appearances In
court. He displayed the same cold and
rigid manner which has been charac-
terlsiic OF him ever since his arrest for
The horrible crime, and paid very little
attention to the proceedings and parties
IN the courtroom, looking steadfastly
before him at the walls OF the room
most Of the time. At the jail he raised
some little objection to being hand
cuned, but, as Deputy Raleigh was
alone with him, he thought II best TO
mke no chances so put the irons on
him.
FEW PERSONS PRESENT,
There was no crowd present AT the
proceedings this morning as the matter
mad been kept quiet by the district at
orney so as not to have the court room |
crowded. There were few attorneys
and Jurors and same parties interested
N The case on trial before Judge Morse |
present In the court room during the |
nine Mortensen was there. Barnard j. |
stewart, one Of defendants attorneys,
was present and held a brief consulta-
uon with his client.
TRIAL BEGINS ON MONDAY.
That the case will come up on Mon
gay May 5, as originally set is beyond |
: reasonable doubt az the attorneys for |
.he state and defense here stated that |
.ney viii be ready for trial on that |
sase II Is quite certain that a week |
WI ne consumed IN securing a jury |
aha the number OF Jurors drawn this
morning VIII not be very much too
Heet from which to select the Jury
THE JURY PROCEEDINGS,
When court was convened, Mr.. Eich-
s s stated that, In the case Of the
sale OF Utah VS. Peter Mortensen,
~. s,iged with murder In the first degree,
rn ,t was set for trial on Monday, May |
ls7z' he would ask that 10 more jur-
w oe drawn in addition to the regular
sssnel OF 30 which was drawn on March
- py the county officials lie called
S noe courts attention 20 the fact that
, ~ ,ensen and his attorneys were pres
IN court The drawing was made,
hr. Eichnor stated that. owing
AN pne prominence OF the case and the
,nenlty that would be experienced In
Turing Jury, II would be advisable
, ~ alaW 10 special jurors, 50 TO be sum
49,, 800 for Tuesday siay .. 30 for I'D.
'aaN May !, and 70 for Thursday.