Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1902-07-05
sMortensen Was
Not Sentenced.
:, c;,e safr Sesun Time in Which 10 Secare a
transcript The Hearing Was Postponed Until Neat ff'-
IT,, and the Entering Of Judgment and Passing Of Sen
lance Until SX,erf Saturday,

case that Il viii be five years before II
is finally passed upon by the supreme
court The state Is willing that the
hearing go over until some other date
within this month. but to postpone II
until September Is altogether out OF the
question In September the state mas
other murder cases TO dispose OF ana
would not then be in a position TO give
the case against Peter M0rtensen the
attention that It should have.
TO THE SUPREME COURT.
Mr.. Stewart--If the motion for new
trial shall be overruled II Is the de-
PENDANTS intention TO go 10 the supreme
court anyway before the case Is
brought to final settlement Mr..
Eichnor says that the defendant has
made certain statements through the
public press. We ask that the court
take no notice Of IT.
His Honor-The court viii take no
cogni2ance-
Mr. Stewart-There are a good many
legal points involved that the supreme
court must pass upon that II has never
passed upon before We would like
time and are willing to make our con-
venience suit the convenience OF the
prosecution some time in September
Judge Morse--When was the motion
for a new trial filed?
Mr. Stewart after asking Mr.. Nc
Knight to find the fact wanted in the
minutes)-On June 10, your honor. and
II was agreed that We should have UNI
III July to file additional reasons for
a new trial. These were filed on the
last Of June or first OF July.
Judge Morse--What effort have you
made Mr.. Stewart, to secure a tran
script? Have you made any arrange
ment looking TO the end OF securing the
transcript you desire?
AS TO A TRANSCRIPT.
Mr.. Stewart--No, your honor, we have
not yet ordered a transcript. The de-
PENDANT and the father and brother OF
the defendant have no property and
have had no funds with which TO pay
for transcript; and as they do not de-
sire to throw the expense upon the state
they would like a little time In which
10 arrange for securing the transcript.
Judge Morse-Mr Reporter, how long
Will II take to get out a transcript OF
the testimony In this case?
Court Reporter Davis-About week,
your honor
HEARING POSTPONED.
Judge Morse--The hearing upon the
motion for a new trial will be post
poned until Friday, the 18th day Of
July, at 10 o'clock in the morning, and
II at that time proper reasons for
further postponement shal be appar-
ent, the court Will consider them. And.
Mr.. ReDorter, enter an order also that
the time for entering judgment and
passing sentence In the case Is post
poned until and set for Saturday, the
18th day OF July, 1902.
Mr.. Echnor-Your honor, the state
asks leave 10 file counter affidavits in
the motion for a new trial.
judge Morse-The state may file
counter affdavits, In the meantime
the defendant is remanded to the GUS
tody Of the sheriff Of Salt Lake coun-
ty.
MoRTENsEN's APPEARANCE.
Mortensen appeared to be more COM
Portable In the court room than would
most men under the circumstances anf
was clearly shaved and CAREFUL.
groomed. There was no excess OF
nervousness displayed by him and he
spent much time whispering to his at
torney otherwise being interested in
the action OF the court and attorneys.
There was a sigh of disappointment
In the spectators at the turn the case
had taken, but the short postponement
seemed to partially atone for the fact
that the expected sentence was not
pronounced this morning