Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1902-08-25
after NelU 7ziQl
F01 Mortensen
Se@aH BSofhesS, Counsel for Condemned Man. SET Forth
7hafa Mistake Was S1lade in Having Jury Go 10 PEN.
iSes Without Accused Being PreSent-AS 10 Royal B.
Youngs Position

to allow Royal b. Young to take the
witness stand and testify as to certain
alleged wrongful acts committed by the
Jurors upon their official visit to the
scene of the murder of James r. Hay,
and which alleged acts are made the
principal ground Of error in support
Of the motion OF Peter Mortensen for
a new trlalthe court at about IL O'Clock
this morning ordered that a recess be
taken until o'clock In order to give
defendants attorneys another chance
to secure the coveted affidavit of Mr..
Young touching on the subject and
which he heretofore refused TO give.
According to the rulings made this
morning It il quite evident that the afil-
daylt win be the only way in which
the matter can be brought before the
court on motion for a new trial.
This delay in the proceedings pre-
vents all possible chance Of the argu-
ments on the motion being completed
today.
MORTENsEN HANDICAPPED.
Peter Mortensen entered the court
room at 10 o'clock in charge OF Sheriff
Naylor and Deputy Raleigh. He was
Eandcuffed TO Fred La Blanche and
John Jones, who were brought before
the court for arraignment on the
charges Of robbery and grand larceny.
His father and brother Jesse were al
ready In the courtroom, and his brother
Henry came In about five minutes later.
Mortensen looks as well as ever and
showed no signs Of worry or nervous
ness. He took a seat on bench be-
side his father and brothers, where he
remained In conversation with them
during the entire session of court. The
crowd In attendance was rather small
and was composed of more women than
men, The only jurors present were John
b. Daley and II. r, Shurtliff.
OPENING ARGUMENT.
Barnard j. Stewart opened the argu-
ment I'm favor Of the motion for new
trial by reading the motion as here.
toiore published in the News" in full
and the affidavit of himself, in support
thereof, which set out that he was un.
able to get the ailidavits of the bailiffs
and special officer OF the court In
charge Of the jury on its visit to the
scene Of the murder, when. ii Is set out
In the affidavit, that a number Of the
jurors stepped off certain distances and
considered certain matters as evidence
against defendant all Of which was
done during the absence of defendant
and which was contrary 10 law. The
affidavit further sets out that Royal b.
Young and the halllffs I'm charge Of the
jury refused to make affidavits as TO
the action of the jury on its visit to
the scene OF the murder. and Il was
asked that they he cited 10 appear and
testify before the court as to the ac-
tons of the jurors on that occasion.
AFFIDAvITs OF JURORS.
He then read the aflidavits of Jurors
James NJ, Barlow, Stephen r. lie Roy
and John h, Daley, which were filed BY
District Atty. Eichnor all of which
were to the effect that they had not
measured off the distances. as set forth
In the affidavit on behalf Of defend
ant and that they had not discussed
the same and considered them as EVIL
dence against defendant.
The affidavit of Henry Mortensen.
which was filed by Mr.. Stewart this
morning, was then read. 1t follows In
full;
HENRY MoRTENsEN's STORY.
Henry Mortensen, being first duly
sworn, deposes and says: THAT on or
about the 18th day Of March, 1902 after
the arrest Of Peter Mortensen, the de-
PENDANT In the above entitled action, [
moved with my family to the home or
residence then owned by Peter Morten-
sen; said residence being the place
where Peter Mortensen lived DUNG De.
cember, 1901. and many months prior
thereto, and that | have resided at said
Mortensen home and premises with my
family ever since. That shortly after /
took possession of said premises. and
prior to the trial Of said above entitled
cause, and prior TO May, 1902. ] made
a number Of improvements and alter
atoms upon said premises. around the
barn, sheds and rooms Of said house
belonging to Peter Mortensen. to-wit.
The north rooms. the east rooms. and
The southeast ROOM and that | made
LAIN anu hiAtIdllplh
IN the cellar OF the house belonging TO
taid Peter Mortensen by taking ont old
lumber potatoes and various other ma
terials deposited and stored In said eel.
Jar That Immediately prior TO the
ume the jury visited said premises, to-
VII: on the 10th day Of June. 1902. and
immediately before and Immediately az
yer the visiting Of the said premises by
sad jury, sworn TO try above entitled
cause, and OF my own knowledge, l say
mat The cellar and rooms and build
lhes upon said premises were not In the
same condition as they were at any
VINE during the month Of December
isel, and prior thereto and at the time
lie.
And ! further say that I was on the
.diToad track north and west OF these
premises known as the Peter Morten-
zen home az the lime when the jury
"a the above entitled cause visited the
PREMISES and that l saw certain Jury
,,uen to-wt: Alma II. Rock and Sierl.
mg T. LEROY measure by stepping on
Instances along said track.
ana | further say that the defend
M IN the above entitled cause Peter
.aoflensen. was not present during the
, n,ne said jury was visiting said prem
AFTER MR.. YOUNG.
@, ~ the court please" continued Mr
S.eNart II ask that Royal g. Young
paced on the stand az this time I,
tsuiy IN regard 10 the actions OF I've
,ury on its visit 20 the scene OF the
, ,llne. lie has been subpoenaed and Is
ifCesent in court"
,uch action was objected 20 by Dist
10y Eichnor on the ground that such
ce,- should be brought before tAs
~ On a motion for a new trial, hy
~ niing OF afiidawts. as provided IN
,hu1ge Morse held that the matter
sssu be brought before the court by
NJ. uSNlt and hence refused to allow
VT iopng to be plaoed on the stand