Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1903-09-26

With a deep scowl upon his face and
securely handcuffed, Peter Mortensen,
the convicted murderer OF James X.
Hay. entered Judge Morse's court room
this morning for the purpose of again
being sentenced to %ath for his foul
crime, Sentence waS not passed upon
him, however, for the reason that Atty.
b, j. stewart desired to submit to the
court additional matters In support OF
his motion for new trial which was
filed yesterday and he was given until
? o'clock this afternoon to do So AT
that time Mortensen was again brought
into court and VIII, In all probability,
be re-sentenced late this afternoon.
The prisoner was brought In from
the state prison In carriage by Acting
Warden Wright and Guard Andrew
IRE After arriving at the City and
county building they remained IN the
sherff's office until about GAS o'clock
when they then went up to the criminal
court room, There were nearly 300 PEG
pie In the room when Mortensen and
his guards entered. Many OF them were
women who had been IN the room for
about an hour waiting to hear the pro-
ceedngs and see the prisoner. A num-
Der Of them were people who had at
tended Mortensen's trial regularly and
who appeared to be eager to see the
matter to the end. None OF the Jurors
VINO convicted the man We're present
IN court.
HENRY WAS ABSENT.
1t was noticeable that Mortensen's
brother Henry was absent. but that
was explained by the prisoner to a
'News' representative by the state
ment that he Is now at Cedar City
ana was unable to be IN attendance to-
Gay II was also noticed that
James Sharp, the father-in-law of
lhe murdered man, was not pres
eht at the proceedings this morning.
PETER SMILED,
Upon the arrival OF Attorney Il. j.
stewart, Mortensen arose and greeted
MN with n smile and hearty hand
snake, and the two then engaged in
conversation for several minutes. Nor
Jensen was shown the aiiidaVit of Alma
H. ROCK, one OF the Jurors, which is
p'lns used In support OF the motion for
new trial, and appeared to read It's
contents, At about 10 minutes past 10
CLOCK, Judge Morse called the case OF
ue state against Peter Mortensen.
MOTION FOR NEW TRIAL.
Nh Stewart then called the court s
"''ehuon TO the fact that motion for
u new trial, on the grounds of newly
discovered evidence and misconduct OF
tne Jury, had been filed yesterday and
~ asked that sentence be suspended
uhul that could be disposed OF. He
suited mat owing to the prejudice OF
que public generally he had experi-
tuSed considerable trouble In getting
nlormation favorable to defendant, but
ulal ne learned few days ago OF some
new matters which would materially
ueIeht MS client. The party who fur
nshed the information, he said, Is now
o oH OF the county and he had not been
"'e 70 secure an afildavit, hut viii do
~ as soon as the party returns and
WIZ then ask leave to file II.
UNKNOWN PARTY"
=, IN answer to a question by Judge
Morse' Mr.. Stewart stated that the
Larty from whom he Intended getting
we ailldavit, told him that he had talk :
.l win several Of the Jurors before
,ney were selected to try the case and
uiat they had expressed an opinion to
nm as TO the guilt or innocence OF de-
irnaant' Such statements on their
Part. he said, We're contrary TO their
s.aWments In the Jury box. He there
,ole asked that sentence be suspended
S""l 'he amdavit Of that party could