Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1902-09-02

.. Friday. oct. II, 1902, between the
| ~ :, 10 o'clock in the morning ana
sVy 'Dlock In the afternoon is the time
pe,sr Mortensen TO pay the
~' -, :, death for the foul murder OF
ps, No.. R, Hay, whfh was committed
~ sa', ~ NIGHT Of Dec le, 1901 The mar
u ~, ~ :, death preferred by the prisoner
!. .sootIng, and unless an appeal Is
, : ,r' to the supreme court which viii
sa.s.s,tate delay in the execution Nv
n w. shot TO death inside the state
,ryson walls on the above meh''o'e'
cate ..,.onar 20
:, rad ANYTHING to say why sentence
.son,d not be passed upon him, he made
.sort and stirring plea In which
4, referred, with a trembling voice. 10
N, sye little children who looked TO
him fsr support and guidance In clos
IN. Ne said, in a clear and forciple
voice that God knew he was innocent
Of The crime.
When he first arose from his seat he
a,s visIbly affected, his eyes were
p,rtIy filed with tears and he trembled
VIII emotion. His voice, at first was
,hoked with feeling which for the mo-
mt completely controlled him. he
san mastered his feelings and the re-
nInder Of his speech was rendered IN
a,lear and distinct voice easily heard
!, any part Of the crowded court room
l. added force to his statements rs
% occasional gesture, and when
trough resumed his seat by the side
d bis aged father and gazed at the wall
kfore him with eyes which for tine
seemed ready to overflow with tears.
COURT ROOM CROWDED,
There was large crowd Of spectators
PRESENT 10 hear sentence passed upon
he prisoner, the court room being well
aed and number standing in the
asles. a. great many were unable TO
set TO the court room In time to hear
the proceedings and kept coming In
for half an hour after the matter was
oil over, All eyes were turned on Peter
Mortensen and the utmost silence pre-
vailed In order to catch every word OF
both the court and the prisoner.
RELATIVES AFFECTED.
Among the more deeply interested
SPECTATORS present We're the father Of
The prisoner, his youngest brother. Jes.
| k and Richard Watkins OF Provo, the
bother Of Mrs. Mortensen. Only one
u the Jurors, who heard the evidence
h,he case and adjudged Peter Morten-
kn guilty Of the crime, was present TO
bar sentence passed, namely Henry
Ttibe.
AN APPEAL Is CERTAIN.
There is no doubt whatever but that
nappeal will be taken to the supreme
cart OF this state, Attorney Bernard
sesart stated to a News" represen-
lalVs this morning that he would In a
~ Gays ask for stay OF execution
gas 10 give him time to perfect an
aEtaL He said that II would take
sane time 10 prepare the transcript on
ava and that Il would be impossible
WV the case to the supreme court
,uune Tor the September term. That
uens the case, unless special arrange
. .sAI made for hearing the case at
y, s ,eFh, II viii have to go over until
ts January term.
ARREST OF JUDGMENT.
ne case was the first one on the
s, Today and when IL was called
%i.suss Morse, Attorney Stewart stat
~ Is.n mad filed motion for arrest
Msnent on the usual statutary
s.. r.4A out he did not think Il neces-
az folavs. '"o "'o''o" 10
No .eas now the defendant. Peter
,a,ANl, IN person, and by his at
r,s.' s stewart & Stewart, and hereby
h. ~ mF court TO arrest judgment In
la,,s~e entitled cause upon the fol-
'%ng grounds towit.
mn ~, The court has no jurisdiction
~ "I .ense charged In the informa-
'eore fled "'''ieu cause mere
IA s ,aa said information heretofore
N rs svss DOL substantially conform TO
al rs. ;;sssSrnsnents Of Section 1890. 47S1
4 M. M, "rssed Statutes OF Utah 1898:
lr.o,ms,,. he facts stated In the said
,csns 90 not constitute a public
MOTION ovERRuLEp.
u s, :, Morse Immediately overruled
u r, Tuon, after which he turned to
vIsoaer and said
Ia Avt'ensen, you may stand IN.
ncs Mrs. charged by this Information az
yw y. u the first degree on Feb 70
eh,r plea Of not guilty to the
,nou have been tried
Ars y. FURY and found guilty.
ssta,.' IVY anything TO say why
ser should not be passed upon
1'sEN MAKES A spEAcH.
essas'as1Nsna' who had listened with
Msnsrss snow Of nervousness TO
nt.mhlsv VI tne court. in a voice at
usxsra, - with emotion but which
hs al. 0ecame firm and strong.
Nh legal causes I believe ,.,o
tks,s = ms court is concernaa ax
Hask,s 1 sas reasons there were, IL
vn.ye, y. me TO make any direct
~ nv .,S AZ. mat matter, statements
sehes 10 r ,a and my views with
s1ssr !, we Verdict. There Is this.
~ tcrr, ,ay That the offer which
w So. az This time has extended
" On ns 10 me a little mora rod
~ n, e,n. uihg upon which they
,,.au ctir"" " This most foul and
ssektrs,,o The reason that | de-
~ ias.a 's1ay Why sentence should
sf \. upon me IL this, ], like
nj Nh, wy United States. today
,l. 49, felony, the crime Of
~ "a, oner only Ave- NJ,
ls's, who look IN ,ha,r
az NJ ,b bpport--five little children
M, hrt ~ assistance and guidance
~ h,t ~. ne other reason is I am
y,,tH NJ NJ ms crime they have
~ n'h. They say that 1 am
ss1s,," heaven knows thai 4 az,