Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1902-05-05
AFTERNOON SESSION,
Prisoner Had Lunch at Restaurant
Haste Being Made Very Slowly.

p"e'o hoi"H "ou' 'V'S Si""'f'
During the noon recess today, Peter
Mortensen was taken to q restaurant
up town by Deputy Sheriffs Raleigh
and Alkire for his lunch after when
he was returned 20 the private Office Of
the sheriff where he sat and chatted
pleasantly with the officers until time
for court
He was apparently totally Indifferent
10 his surroundings at that time, but
once in the court room his interest In
the selection OF jury seemed to re-
vive. He came into court at five min
utes to two O'clock.
Mr., Eichnor was asked this afternoon
how long, in his opinion. It would take
to get jury.
Well" he said, "at the rate we are
going now IL will take about three
weeks. doubt very much II a jury
will be secured by SATURDAY. but II is
quite possible. When we get to the
special venire we will probably get
along better
James A. Cunningham and f. s. Muir
ply, the Jurors for whom attachments
were lssuer by order Of the court this
morning, We're In court this afternoon
and explained that they did not re-
receive the summons. They were then
sworn and examined as 70 their sta
tuatory qualifications
Attorney G. b. Stewart then began
the examination Of jurors for the de-
Tense, and judging from the questions
he asked Mr. Samuel Bringhurst, II is
plain 10 see that there viii be numerous
lively and interesting tlts between the
attorneys for the state and defense be-
fore jury is secured
KNEW NONE OF THEM.
Mr.. Bringhurst stated in answer to
Mr.. Stewart that he was not ac-
Quainted with the defendant or any Of
his family or relations He did not
know Mr. sharp, Mr. Hay or any of
their relatives. Asked II he knew Mr.,
Eichnor, he said he did not but was
inclined TO think he had heard OF him
some where and al some time. lie
never saw Mr.. Eichnor before today,
Mr.. Blnghurst said he believed there was
and had been strong public sentiment
against the defendant. He said he had
expressed no opinion rs 70 the guilt or
innocence Of Mortensen. The stories he
read in the papers made some impress
sion upon his mind and the Impression
could be removed by evidence He knew
he could lay aside any opinion he had
and give the defendant a fair trial ac-
cordlng to the law and the evidence.
What he had read In the papers would
not influence his verdict I'm the least.
He would be guided solely by the evil
dence. He said he understood that the
state had to prove the defendant guilty
beyond a reasonable doubt, and that II
there was reasonable doubt in his
mind he would give the defendant the
benefit OF that doubt.
If THINGS LOOKED DARK.
"Well, If things looked very dark for
the defendant and you still had that
doubt, would you give the defendant
the benefit Of that doubt regardless of
any evidence for the defense?' Mr..
Brnghurst hardly knew how to answer
that question, but repeated that he
would give the accused the benefit Of |
any doubt he had as to his guilt.
Suppose that a theory was advanced |
as to the guilt Of the defendant and |
supposing that he could explain his in |
noeence but that the state could impli- |
cate him In some way, would you give |
him the benefit Of that theory
Il would give him the benefit of any |
theory that was In his favor
"Supposing someone had dream or |
vision that the defendant was guilty, |
would you take that against himY'
NO"
do you believe that God reveals TO
man the guilt or innocence Of man ac-
cused OF crime?"
Il don't know. never heard of such
a case"
man whether a person charged with a
crime is guilty or innocent?"
81 do not know"
"Did you read the testimony OF James
Sharp on the preliminary hearing"
yes, sir"
"Do you remember reading in his tes-
timony words to the effect that he
knew that Peter Mortensen had muir
dered HIS son. meaning Mr. Hay, be-
cause God had revealed II 70 himY'
Eyes, sir"
Knowing that Mr.. sharp made that
statement and having great respect for
Mr.. Sharp as a man. do YOU think that
his statement to that effect would in
fuence your
mo, sir"
"Did you read that defendant had
made a oonfesson?'
mo, sir
"You never heard that he had made
statement to his cell mater
mo. sir"
"Do you believe in the rule
that defendant Is innocent until he is
proven guilty beyond reasonable
doubt?"
yes sir"
Would YOU yield your opinion to II
other Jurors who thought defendant
guilty II you had a reasonable doubt as
to his guilt?"
NO sir"
DO you know OF any reason why you
could not render a fair and impartial
verdict in this case?"
mo sir"
III you were chosen as Juror would
you do sou
Eyes sir"
Have you read that defendants wife
had deserted himg'
Eyes sir
would that fact influence you so
that II would require less evidence to
convict defendant"
NO sir"
"You could render your verdict just
the same as II you had not heard such
a statement could your
Yves sir
The Juror was passed for cause.
Miles W. Romney. OF Butlerville, was
then examined. He stated that he did
not know either Mortensen or any OF
his relatives. He knew Mr.. sharp BY
Continued on page two.) ]