The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1902-07-06

FIGHTS AGAINST
DEATH SENTENCE
Attorneys For Peter Mortensen
Want Matter Delayed.
GIVEN UNTIL NEXT FRIDAY
-
THEY WILL THEN MAKE APPLI-
CATION FOR NEW TRIAL.
GIVEN UNTIL NEXT FRIDAY

IN expectation of hearing the death
penalty pronounced upon Peter
Mortensen, the convicted murderer
Of James r. Hay, a crowd that filled
Judge Morse's court room TO the doors
was on hand yesterday morning.
As expected, Mortensen was not SEN
fenced. but his attorneys secured a
postponement of the hearing for rev
trial until next Friday. and Saturday
was set for the date Of sentence. Judge
Morse indicated his readiness 70 grant
q further continuance on Friday if good
cause was shown.
Mortensen was dressed in the same
suit of black that he wore through the
trial, and there was little if any change
iu his appearance or demeauor since
the day the jury found him guilty. As
soon as Judge Morse called the case of
the state VS.. Mortensen, Attorney Bar
nard J. Stewart asked that the SEN
fence of the defendant be postponed
until the arguments on the motion for
n new trial could be heard and passed
upon by the court.
Want Transcript of Case.
AS it will be necessary for the de-
Tense to have a manuscript of the tes-
timony." continued Mr.. Stewart, I'VE
ask that the hearing for a new trial be
postponed until some time in September
or October. In the testimony many
points are involved that have never
been passed upon in this state. and we
believe that we should have more time.
We would be seriously handicapped by
the lack of a transcript of the testi-
mony should we have to make our ar
guments now"
District Attorney Eichnor made rath-
or an impatient reply to- the defendants
counsel, in resisting the motion. He
said it would be only delaying matters
unnecessarily to have the case go over
until September. Mortensen had said
through he public press, Mr.. Eichnor
declared. that he would so delay mat
ters that ii would be five years before
the case went. TO the supreme court
The state was willing to accede to any
reasonable continuance, he said, but
there were other cases besides the Nor
Jensen case, and to let it go over for
months was, in his opinion. altogether
out OF the question.
Mr.. Stewart said. in reply, that if the
motion for a new trial is overruled the
case will go to the supreme court any
way.
Lack of Funds For Defense.
Answering question by Judge
Morse Mr.. Stewart said the defense
or, at least, had not ordered one as
Mortensen's father and brother had no
property, and rather than put the state
to any additional expense they pre-
ferred to take time to raise means.
Court Reporter Davis said it would take
him about week to transcTibe the tes-
timony. Judge Morse then said
The hearing upon the motion for
new trial viii be postponed until Fri
day, July II, at 10 a. m, and if at that
time proper reasons for a further post
ponement shall be apparent, the court
Will consider them. The time for pass
ing sentence in this case is postponed
until Saturday, July H."
District Attorney Eichnor was granS-
ed the privilege of filing counter affida-
Wits to the motion for new trial, and
the case was closed
The crowd, disappointed, rushed into
the hall to catch another glimpse of
Mortensen, but without any delay he
was dropped to the lower floor in the
elevator and taken back to the county
Jail by the sheriff.