Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1903-10-03
AN EXTRAORDINARY SCENE.
R,ruard Stewart Tells Why He Couldn't
Get Affidavit and Inyeighs Against
The Prosecution.
PRISONER HAS NOT YET SPOKEN.
Curious Throngs So Heavy That Court
Room is Locked to Keep Them
Out 0yernn the Building

Never DeIOle uhl MS Aht 'libl VI NfNl
uortenson was there such a crowd Of
spectators present as was crowded intv
Judge Morscs courtroom this morning
IA hear the arguments upon the motion
for new trial in that famous homi-
eide case. Before 3 O'clock people
commenced to pour into the courtroom
and BY $3.50 o'clock every seat in the
room was filled, Stll the spectators
crowded in and by the time court con-
yened there was not standing room in
side the room and the doors were clos
ed and hundreds were turned away by
the baiIffs who guarded the doors. At
least iO0 people were crowded into the
room and were compelled to remain
there during the entire session as no
one was permitted to leave the room
while the arguments were on. There
Is no telling how many people were in
the corridor outside the courtroom
camoring for admttancc, nut the con-
fusion which they created caused the
court to order the bailiffs to Gear the
halls entirely
MORTENsEN APPEARS.
Peter Mortensen. accompanied by
Acting Warden Wright and Guard An
drew IRE, entered the courtroom at 9,3'
o'clock. lie took seat between his
guards at the table set apart for at
torneys and engaged In conversation
with them until Attorney y, J, stewart
arrived about 10 minutes later. Nor
Jensen then conversed with Mr. Stew
art until court convened.
TEN JURORS PRESENT.
Distnct-Attorney Elchnor entered
The courtroom few minutes before 10
O'clock He was followed by e. b,
Stewart, another of defendants attor-
neys, just before court convened, ten
Of the twelve Jurors who convicted
Morensen filed into the courtroom and
took seats In the jury box number
Of them occupying the identical seats
which they occupied while the trial
was in progress, When they filed in
Mortensen eyed them keenly and no
doubt recalled the day when the same
men returned into court with verdict
which sealed his doom. The jurors PREF
enl this morning were; Henry Tribe, S,
lie Roy j. NJ. Barlow. II. T, Shurt-
If Samuel Bnghurst. Joseph Smith,
W. a. Bills, J. y. Alexander. c. H.
lnsham, Jr, and j. b. Daley. Juror a.
", Rock who made the AFFIDAVIT upon
which defendant relies for a
new trial was not present. II
was learned that he Is now
out of the county and hence could noe
be subpoenaed IN time TO appear today.
Ihe twelfth juror Michael Kopp, Is
now dead.
TALKED ALL MORNING.
ATTY. %. J, Stewart consumed the en-
urc session this morning IN his argu-
aeni which was presented i'm forci-
DE and eloquent manner. Mortensen
seemed To take his usual interest i'm
me proceedings about him At the
conclusion Of the argument he was
heoocuiod by his guards and taken out
VI me room as quickly as possible. The
people crowded about him and eyed
hVo cur.npsly while he was being led
away II tx believed that Mr.. Stewart
Hll occupy most Of the afternoon with
ms arguments ana It win be very late
uelort Mortensen viii deliver his
sP''n ana before sentence is passed
Spectators remained In the courtroom
IIlng INC noon recess so as to be sure
VI good seat at the afternoon session.
ASCENDs THE BENCH.
~ two minutes past 10 o'clock Judge
NorSe assembled the bench and court
way convened. The case OF the state
W Itler Mortensen was called immedi-
a'',y' out before Atty. b. j. Stewart
nS"S permitted to begin his argument
~, ,"IIl found II necessary TO instruct
,u' udUlt 10 lock the doors and not al ,
y" any one TO enter or leave the room
W NIlel TO Keep the room quiet so that
we attorney could be heard. Before
A,, stewart had proceeded very far
nlll hlS argument the confusion in the
.wo5IluoE was 80 great that the court
5NlIeo the baiiff TO instruct the peo-
IN " move away from the doors out
ana cease clamorlng for admit
@H'e to the court room.
MOTION FOR NEW TRIAL.
, MT Stewart first read the motion for
SN,.,N 'rlah which has appeared in the
heretofore, and he then read
W, olldavit Of juror A. II. Rock, which |
NV out The alleged misconduct OF the
;S..o's when they visited the scene OF !
~ ulu'Nef without defendant. Peter
iS r,. or his attorneys accompany |
,''s them The acts Of the Jurors in |
Wing OF distances and in the con- |
~, ,' son had with Royal II. Young,
g STo'h officer Of the court, who con- |
r,' 'eu them TO the premises.
SET out In fun I'm /
Mr. alldaylt Mr. Stewart then read
, n's oWi affidavit which was filed yes
N.Y. r,uaS 10 regard to the failure 10 secure
NJ, 'lllu9Vit from Royal b. Young as to
Of u ho"uuet OF the Jurors at the scene |
0da,t, murder After reading the ar !
M " W. tull Mr. Stewart stated that |
no. sto'gI'6 was present gln court and
10 testify. " 9"o' " ~ ''''s ''''''
MR. YOUNG SWORN.