The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1902-01-26
MORTENSEN. is
HELD FOR TRIAL
Justice Nielsen Believes Pris-
oner Guilty of Murder.
ACCUSED MAN is DOWNCAST
-%
BECOMES NERVOUS WHEN REF
FRENCE IS MADE TO CRIME.
ACCUSED MAN is DOWNcAST

Peter Nortensen now occupies a cell
e, the rotary at the county jail under
tae formal charge of murder in the first
fegra. He was held without bail bv
rsf..- Nielsen yesterday to stand triai
an .hr charge before jury of mis-
paeI-.
noun cd his decision, the prisoner was
driven tY the jail in a closed carriage.
Instead of being taken to the apart-
nant n the wOman's ward he has oc-
.upieI n the past. he was escorted di-
reel to a vacant cell in the rotary
Then his effects were carried down TO
his new abode His possessions include
Collection of fruits. pies and pastry
brought him by relatives contracts,
drawings, a few magazines and his
fra.i1us account books, over which he
has been porting n weeks.
Justice Jres Prisoner.
yo-ausen re we'd a severe scoring
o. tho hands on Justice Nielsen when
fad latter announced his decision at IL
o'clock The prisoner was alone, his
father and brother having been de-
famed 8t Forest Dale through the fact
ola brsa kdOWn OrshutdOwn Oh the cleo
frir ear line leading to that suburb. Ag-
cravajrd by the delay. his aged father
SET out on foot 10 walk through the
,n0N I'd town He was very much per
trrbcd when he found the case had
been disposed of before his arrival.
Police officers and deputy sheriffs
we're kept busy trying to keep the
crowd moving that gathered about the
Constitution block. where justice Mel
sen has his office. Accompanied by
Sheriff Naylor and several deputies.
Notensen was brought in. His coUn-
sci. the legal talent employed i'm the
prosecution and other public officials
crowded the little suite occupied by the
magistrate and a crowd filed the nall
way and stairs leading to the street
There officers were on hand to prevent
any jam.
Prisoner GIins VIGOROUSLY.
Mortensen's muscles twitched and his
face flushed as the justice read his
decision. I'm which he referred to the
crime as the worst in the history cf the
state When the magistrate had ceased
speaking, Mortensen INDUCED in a
smile. or. rather, a grin, for it was Ce-
void of mirth, pleasure or any apparent
feeling. He accompanied the officer to
Upon arriving at the jail he WAS closet
ed for nearly two hours with Attorney
Bernard Stewart of his counsel. No
information was vOuchsafed by County
Attorney Christensen or his associates
as 10 when the accused man Will be
given a trial, Is the case has oassed
from their hands to District Attorney
Eichno~.
.IortenSen must now remain in jail
until the case is called for trial He
appeared dOwncast after the hearing
but the sheriff's staff feels that he will
now find Jail life less wearing. as he
VIII not be kept in solitary cOnfine-
ment and viii soon become acquainted
with his associates in the rotary, with
whom he will eat and enjoy exercise
I'm The Corridors daily. There are sew
eraI good singers in the rotary. and
two fortunate pOssesSors of guita -
Then, too, there are several prisoners
OF a jovial frame of mind and ready
W.T. so that all things considered. Nor
Jensen viii find himself in d compare
lively happy, good-natured crowd
Children May Accuse Father.
n he viii have any new sources of
Worry il Will be the fear that his hCtle
chiidren may be placed upon the wit
against 4.
something I at was preached as a DOS
sihility yesterday. The little ones are
said TO have heard what took place
between their father and mother when
me latter tearfluly accused MOrtensen
ui having brought harm to James Hay.
quarrel IS said to have followed.
during which MortenSen is said to have
Used language Of a compromising ma
ture 90 himself.
Justice NielSen's written review Of
.oe case. which he read in holding the
prisoner follows in detail:
Justice Nielsen's Opinion.
The defendant is herein charged BY
lne complaint with the crime of muir
oar I'm the first degree. Ornitting III,
formal parts of said complaint. it al
I4gss in substance, that the defendant
on Che 18th day of December. 1901. al
Hd.i Lake county state o. Utah. did
uhaWtully, willfulIy. deIibera tely. pre-
m7di7tsly and with malice afore-
Hay -
This crime is the most heinous
NI'N7 TO the law. and feel the deer
s.ohSihLlty placed upon me in pass
pug upon he questions which are prop
before me as a committing mag
--e'1. tho result o. which is to either
US haTs' the defendant or to issue ar
'-f holding fsm To answer to the
,'7Is0 before the district court and
'i.lIt him 70 the custody Of the Sher-
pm Oh Salt Lake county and thus de-
.'e ann of hisl liberty. 1t is thus an
..p'3sanr duty which / am called
.I.n IN perform. but my oath of Office
' '.' HW require that I discharge
,a"' fccording to my best judg-
Quotes the Statutes.
H- statutes of Shis state which
me-" IN this matter are section;
and $50 Of the laws of 1898 Tn,
ton recited provides. smons
r things. that IF. after hearing tn
..>. d. appears that either no publ,
has been committed or tina
's not sufficient cause to believe
endant guilty of a public Of
'A' magistrate must order thu
.aaHt 60 be discharged.
h. other section cited provides
..' r. however, il appear from thu
examination that ~.,blic offense ha.
' committed. and int there is suf
. cause 20 believe the defendan
-"..N thereof. the magistrate must en-
upon the complaint an order i
'.ance that he 5c held to answer 70
N. s#ma.'
NO propositions are thus 10 be de
"Hed by this court-first was TIT
of murder i'm the first dsgTer
aItted upon James r. Hay as al
500. Second is there sufficient caus
believe Tie defendant guilty there
Was a Dark Deed.
ll- first ouestio, is ess,- IF soI,,