Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1903-05-11
MORTENSEN CASE
is CONTINUED
Goes Over by Consent Until We'd
nesday, May 20,
THE NICK HAW0RTH CASE,
Arguments Heard by the supreme
Court To-day Also ia Case Of State
We. woifendeu.

As was stated IN Saturdays News"
the case Of the State vs. Peter Morten-
sen was today continued by the SUI
preme court until Wednesday, May 30.
The continuance 'Sas granted upon the
request Of ATTY Gen. Breeder ana with
the consent OF Attys. stewart " stew
art, who represent the defendant.
The court this morning listened TO ar
guments IN the case Of The state W
NICK Haworth, who stands convicted OF
murder In the first degree for the KILL
ing Of Thomas Sandal q nlghtwatch-
man at the Farmers Union store at
Layton ON the night Of March rs 1882
The defendant was convicted at Farm
ington IN June, 1900, and was sentenc-
ed TO be shot, An appeal was taken 20
the supreme court and that judgment
was affirmed. on April 26. 1902 a Sec
ond motion for new trial was made,
and the same was overruled by the
Second district court The motion was
based upon the ground OF new
~ discovered evidence, This second
appeal TO the supreme court is based
upon the alleged error committed Dy
the court in overrullng the second mo-
ton FOR a new trial
Assistant Attorney White argued the
case on behalf Of the state ard Attor-
ney a. j. Weber argued In behalf OF
the defendant II Is claimed that new
evidence has been discovered By the
attorneys for the defense which VIII
enable the defendant 10 prove an abb
and that he was insane when be made
his confession to Sheriff Abbott at
Pennington. and that the overcoat,
found hid In a haystack with some Of
the murdered mans things on the
morning after the murder, did not be-
long to the defendant az all but was
the property Of one William C. Morgan,
who. II Is shown by afIdaYlts, was In
Layton on the night OF the killing.
on the question Of alibi the defense
has the affidavit OF Mrs. Reayls and
others Of Ogden, who state positively
that Haworth was at home at midnight
the night OF the killing and could not
have been at Layton In regard 10
The overcoat, the aiildavits Of Mr.. and
Mrs. Robinson state that the coat was
the property Of William G. Morgan,
who left Five Points by wagon for
Layton and Salt Lake on the afternoon
before the crime was committed. AZ
The conclusion OF the arguments the
case was taken under advlsement By
the court
The court also heard arguments today
In the case Of the state ex rel Ipsom vs.
c. Wolfenden, appellant. Attorney W,
+. Knox appeared for plaintiff and re-
spondent and Attorney E, " Higgins
appeared for defendant and appellant.
Upon recommendation Of the COM
mittee Of bar examiners, the court adj
mitted the following young attorneys
to the bar OF this state; George 7.
Bean. Willard Hamer, William Pts
chel, John T. Eegle and Edward w.
Robinson,
The following cases were continued
for the term by stipulation:
G. w. Ropp appellant, VS. the Daisy
Gold Mining company; Nelden-Judson
Drug Co. appellant VS. Commercial Ma
tional Bank OF ogden ct al.
me cage Of J. ". Hogan. appellant
VIZ J. c. Cahoon, ST., was submitted TO
the court upon briefs without argu-
ment The case OF Frank Anderson ys
the Mammoth Mining company, appel
liant. was added TO the calendar and set
for herring on Nav Is