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

Peter Mortensen, who Is charged with
the murder Of John X. Hay,was brought
into Judge Morses court room TINS
morning for the special purpose OF be-
ing present at the drawing Of 100 addi-
honal jurors TO the regular panel of 80
rom which number jury Of twelve
men viii be drawn to judge Of his guilt
o. innocence.
FIRST CASE IN UTAH.
This is the first instance in the his
!ory 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 viii be summoned for the trial OF
the case is 100, 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 a
less number than that
THE STATES POSITION.
The precautlon taken by District At
toney Eichnor, In having Mr., Morten-
zen 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 yenire OF jurors,
particularly in a homicide case, is part
Of the proceedings and hence requires
the defendants presence In court. The
tlsctrict attorney has established pre-
cedent by his action in this case, when
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 heshier
than on his former appearances IN
court. lie displayed the same cold ana
rigid manner which has been charac-
terlstic 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
oufied, but. as Deputy Raleigh was
alone with him, he thought II best TO |
take no chances so put the irons on |
him.
FEW PERSONS PRESENT.
There was no crowd present al the |
Proceedings this morning as the matter |
had been kept quiet by the district at
toney so as not to have the court room |
crowded, There were few attorneys |
and jurors and same parties interested
IN The case on trial before Judge Morse
present in the court room during the
ume MOrtensen was there. Barnard j.
Stewart. one Of defendants attorneys, |
vas present and held a brief consulta-
uon with his client.
TRIAL BEGINS ON MONDAY.
That the case will come up on Mon
cay, May 5, as originally set Is beyond
reasonable doubt as the attorneys for
NE state and defense here stated that
lhey WIN be ready for trial on that
cate Ii II quite certain that a week
VIII be consumed In securing a jury.
ana the number OF Jurors drawn this
morning VIII not be very much too
great from which 10 select the jury.
THE JURY PROCEEDINGS.
When court was convened, Mr. Eich-
nor stated that, in the case Of the
slate OF Utah VS. Peter Mortensen,
charged with murder In the first degree,
which was set for trial on Monday, May
. 1902 he would ask that 10 more jur-
uIs be drawn in addition to the regular
IIsnel Of 80 which was drawn on March
~ by the county officials. lie called
we courts attention 20 the fact that
-1Vrtensen and his attorneys were pres
shi IN court. The drawing was made,
alu MT. Eichnor stated that, owing
~ AZ, the prominence Of the case and the
that would be experienced In
a jury. II would be advisable
:. - araN 10 specisl jurors. 80 to be sum
loned Tor Tuesday May 8. 50 for We'd
'~'aay, May Z, and 70 for Thursday,