The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1903-08-31
TO SAVE LIFE
OF M0RTENSEN
Brother Said to be Exe'ting
Strong Efforts.
ONE JUROR is APPROACHED
PLAN TO GET SENTENCE COM
MUTED TO IMPRISONMENT.

one Of the jurors who found Peter
tA1ortensen guilty of murder in the first
degree, in the shooting and killing OF
James R. Hay, has, it is reported. been
asked to sign a petition, If one is
eventually circulated, asking Governor
Il. NJ. Wells and the board of pardons
10 commute the death sentence Of the
condemned man TO life Imprisonment.
the juror firmly refused 70 entertain
the idea, il is said.
II is not known positively whether a
petition is in actual circulation. The
suppOsitiOn is that it is not, and that
one of the jurors was preached on the
subject to ascertain his feelings IN IN ?
matter, his attitude to be taken as an
indication of the feelings of the otner
ten survivors Of that famous jury. IN
asmuch as the first known juror TO De
approached turned a deaf ear TO ne
proposition, it is not known whether
steps win be taken to secure the sigma
lures OF the others.
The juror in question is said 70 have
been approached by Henry Mortensen'
brother of the condemned man. He
went to the juror in a very manly way
and asked him If he could see his way
clear to signing petition asking Tor
executive clemency. 1t was pointed out
10 him that a life sentence in the state
pCnitentiary would be a punishment
sufficient to satisfy all demands Of the
law.
Will Not Sign a Petition.
1t was stated last evening that IN
Juror did not hesitate a moment in
saying that he would most positively
refuse to affiX his name TO any such
document lie is credited with saying
!, that even should the governor. tbs
\ members Of the board Of pardons anC
r the other ten surviving members Of the
jury sign the petition, he would refuse
10 do so. He stated. so il is said, m
substance. that he voted for conviction
on the strength Of the evidence SUB
mitted. and that he could not. there
fore. at this time, when no new evil
deLce In favor of the defendant hal
been adduced. change his mind.
The circulating of a petition in be
half Of MOrtensen is taken by many as
an evidence that those who have stOo'
so firmly by the man have practically
given up all hope in his case As th'
matter now stands there are only few
weeks between MOrtensen and q mur
derers death. The supreme court ha'
refused him a new trial. That mean!
that ne is once again TO be arraiSneI
before Judge Charles w. Morse. wh'
tried his case in the criminal division
or the district court, and a second tim
the date viii be fixed upon which h
must Gle.
Higher Appeal too Expensive.
Mortensen's attorneys have secure
an extension of time I'm which TO III
with the state supreme court motion
for a reheariug. Inasmuch as thOs
motions are very rarely granted. thos
familiar with the legal phases OF Grim
inal cases say little or no comfort
10 be expected in that direction.
the motion is denied. then the con
demned man has but one more Chanc
an appeal to the United States su
premc court.
Such an appeal can be taken bu
whether the attorneys would receiV
any standing in the highest tribuna
iu the country is said 20 be very doubt
full. Another matter which may pre-
clude such an appeal is the expense
To get the transcript Of record befor
the court would cost. il is said. nor
than $1,000. MOrtensen has not tn
money His friends nave so far re
fused 10 put il up. and his attorney
cannot be expected 10 do SO. There
fore. il is thought that the condemne
man has only a very short lease upO
life.