The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1903-11-20
NORTEH5EH'5 OPE GONE.
SAYS He WILL DIE IIhOGENT
Ccontinued from Page one.l

not thus be multiplied and the litiga-
ton Of a case made Understandable is
both sound in principle and supported
b. authorize"
Appeal to Governor.
F Shortly after 5 O'Clock last evening
c. b Stewart one Of the attorneys for
MOrtensen. accompanied By the pris-
Oner's brother Henry 1fortensen, called
upon the governor at the city and
county building, and asked that the
man be given an opportunity 90 ad
dress the state board Of pardOns in
his own behalf this morning before the
time set for the execution.
The two men remained clOseted with
the governor for almost half an hour
Just what transpired during the inter
view could not be learned. After the
conference Governor Wells said that It
would be impracticable to convene the
pardoning board again. but that he
would go out and see the condemned
man himself and individually pass
upon the question as 10 whether he
was entitled TO a respite.
Before leaving the governor Attorney
Stewart flied with him Mortensen's pc
ution asking that he might be permit
ted TO appear before the state board Of
pardOns and make one more plea for his
life
Explain Money Matters.
The request Of the condemned man
grew out Of a statement made at the
special meeting of the board Of pardOns
by District Attorney Dennis C. Eich-
nor. He said that several of the jurors
had made the statement to him that the
guilt of the defendant. In their minds.
rested upon his ability 10 explain where
he got the alleged Sc. 500 with which 10
pay the lumber company. They intj-
mated that If the man could have
shown that fact that they would have
been inclined to vote for acquittal. The
next time MOrtenEen's attorneys Wis
tied him they informed him of the dis
trict attorneys statement, to which
Mortensen replied:
If / could appear before the board
Of pardons / could explain that matter
satisfactorily"
The mans attorneys then conceived
the idea of urging upon the governor to
call q second special meeting of the
board to give MOrtensen an opportunity
20 explain where ne got the money
which he said he paid to Hay the night
the young man was killed But the
governor could not see the wisdom o.
IT, but not desiring to be placed in the
light of not being willing to give the
man final opportunity to prove his in
nocence, said he would go out to the
penitentiary some time during the even
ing and have personal talk with the
man. MOrtensen's petition follows:
Mortensen's Petition to Governor.
Salt Lake city. Utah. Nov Is. 1903.
To the Hon. Heber NJ. Wells, Governor OF
the State of Utah, and to the Board OF
PardOns of the State of Utah:
Gentlemen-I Peter Mortensen, convict
ed of the crime of murder in the first &c
gree and sentenced to be executed on Fri
day, the 10th day OF November 1893, be-
of on
clock =. m. of said date, respectfully
petition the governor of the state of Utah
and the honorable board of pardons, and
each Of YOU Cor hearing before you
prior to my execution, upon the following
grounds, tO-Wit.
First. That L am innocent of the crime
charged against me and Of which [ have
been convicted and Cor which / am TO Re
executed.
Second. That / have not had a fair trial
as guaranteed me under and by virtue
of the constitution of the state Of Utah
and i'm making this last declaration 1 do
II with all Difference and respect TO the
courts who have passed upon my case,
not with aview Of criticislng what has
been done, but for the purpose of eN-
pressing my individual feelings and con-
Victions relative to the matter
Third. That I believe that If I am
privileged with a hearing before the gov
ernOr and board of Dardous and ann
given the opportunity to make eXplana-
tiOns and answer questions that may be
put 20 me reidLNe 10 any matter pertain
ing to my conduct prior 10. at the time, or
subsequently 70 the rendition Of the YER
dict against me, or upon any mat
ter whatsoever, which in any way
pertains to the charges for which
have been convicted, or otherwise,
viii be able to satisfy the governor ana
the honorable board that / am not guilty
of the crime with which / am charged,
penalty Cf death. I believe If an OppOrtu-
nifty is afforded me to appear in person
before the governor and the board Of
pardOns that can answer such questions
as are put to me I'm a manner satisfac-
tory and that such privilege win result
in the board taking favorable action in
my behalf.
Why Request Is Made.
make this request pursuant TO sug-
gestions of certain mem bers of the board
I during the consideration Of my former
petition for cOmmutatiOn of sentence.
have been informed that certain members
Of the board intimated that if satisfactory
explanation could be made as to where I
got the money which ] paid James r.
Hay, and as to my Wherea bouts on the
night Of Dec. is. 1901 the action of the
board might have been other than it was.
I am informed that the district attorney
made the statement before the board that
the fact that did not so upon the stand
and explain where I got the uOney from,
and that I failed TO show the jury where
/ got this money from which I paid James
r. Hay, was perhaps the strongest evil
dence against me and was perhaps the
vital link in the circumstances which re-
suited in my conviction. That being the
case, j beg the honorable governor of
this state and the board of pardons to
privilege me with the opportunity 20 ap-
pear before them &C. answer questions
ana make sucn explanations as are re-
Quired of me.
I appreciate the. fact that this is per-
haps a late hour In which to make such
an appeal However, invite attention to
the fact that L was sentenced on the Sd
I OCTOBER.
the 10Th day Of November. 1903; that inn
medlately after such sentence and within
the time required by law. my attorneys
peuuOned the court for q certificate or
probable cause of appeal to the supreme
court Of the state of Utah; that said pc
ution was denied. and that my counsel
Immediately and upon the same day that
the certificate Of probable cause was de-
MED by the district court asked the Hon.
X n. BasSin. chief justice of the su-
preme court, for a certificate of probaDIe
cause; that the honorable chief justice
suggested that the matter be brought be-
lore the court as whole, which sugges-
petition for a certificate Of probable cause
was filed Oh the 22d day of October, 1865.
Supreme Court Refused.
That the court at that time refused 70
/ issue certificate Of probable cause. but
suspended the rules of the court and gave
my counsel until the 18th day of October,
-9V3, IN which 20 prepare, file and submit
abstracts and briefs on the appeal, which
at that time had been perfected by my
counsel In order to avoid delay. upon
which 18th day of October. f.Q3, the court
heard the argument in my BEHALF on the
second appeal
on the 2gth day of October 1903. the
case was submitted. and on the evening
Of the 30th day Of October 1903, the de-
cision Of the lower court on the second
appeal was confirmed. the Hon. Thomas
Marloneaux, district judge. dissenting. In-
Ger tne rules Of the court l hac twenty