The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1903-10-18
MORSE REFUSES
A CERTIFICATE
Declines to Give Petsf Morten-
sen Another Trial.
THINKS NO CAUSE EXISTS
SUPREME COURT rs ONCE MORE
RESoRTED TO BY STEWART.

The motion for the issuance Of q. GER
tihcate Of probable cause on appeal I'm
the Peter MOrtensen murder case WAS
denied yesterday afternoon by Judge
Charles W. Morse in the criminal di-
vision Of the district court. A few hours
later Attorney b. J. Stewart chief
counsel for the condemned man, fled a
similar motion in the state supreme
court At the same time he filed in the
district court a motion for new trial.
on the grounds Of newly discovered
evidence on the alleged misconduct OF
the jury, which was prejudicial to the
interests Of the defendant
should the supreme court deny the
motion for a certificate of probable
cause, MOTtensen's last chance is gone,
unless the court should issue a stay
OF execution pending the hearing of the
mouOn Tor a new trial, Should the
court entertain the latter motion it
might so arrange the date for arguing
the motion that an order of stay of ex-
ecuuon might not have to be issued.
Stewart Files His Motion.
1t was shortly after u O'Clock that
Attorney Stewart filed his motion for
certificate of probable cause. After
the same had been read by Judge
Morse the court said:
There is serious doubt i'm the mind
OF the court whether the defendant has
a right Of appeal under the law as IT,
now stands. There is also serious
doubt in the mind of the court whether
or not the supreme court has not
passed upon every question presented
at this time, and as to whether there
is anything new presented by the sec
ond motion for new trial
Now feel that being the case. the
court may well take into consideration
the fact that the justices OF the SUI
preme court are all located within this
building, that there is no hardship
upon any one by requiring them TO so
any distance to make an application 20
the supreme court I'm this matter. and
j am rather inclined TO let you present
this matter 10 members of the supreme
court this matter of certificate of prob
able cause on the bin Of exceptions
Il take into consideration also that
you have already prepared and read
al or the matters to present TO the sU-
preme court, or member of the SUI
preme court, on the questions of ap-
peal If 1t was 4 matter that was
going TO work any serious prejudice at
all to the defendant the court would
sweep aside the almost positive view
OF the court that you have no right Of
appeal, and give you right to present
that 70 the supreme court.
AS you have your bill Of exceptions
complete, your position in error, show
.Ab uBOA AAAEAl lclLE Allt rNdlUS Oh the
case and the questions to be presented.
and the law provides for a justice OF
the supreme court issuing those certi-
fcates, ] am Inclined 10 the view this
court ought to let the supreme court
determine the question. That is the
view this court takes of it.
Under that the state has no argu-
ment." said District Attorney Eich-
nor.
Wanted Motion Withdrawn.
eff this court was located in a re-
mote county continued the judge, at
q distance where il would be a hard
ship to require the party TO go to a
Justice Of the supreme court, or IL there
was a long transcript to be prepared
and it could not be done until within
"A short time of the date of execution,
or any other reason why the entire
matter could not be plainly presented
10 member of the supreme court. or il
there was in the mind of the court any
well-founded view that it was a matter
that ought to be reviewed by the SUI
preme court
II am of the opinion that all Of these
matters have been passed upon by the
supreme court. In other words, I am
of the opinion that the same questions
were presented in a different form at
the last hearing, and then under some
suggestions in various decisions Of our
supreme court, I am inclined TO the
view that the law Of 1908 applies"
"Of course that is a question we viii
present to the supreme court replied
Attorney Stewart.
Il am not clear as to the weight Of
the authority" said the court, but I
am of the opinion our supreme court
i'm a number of opinions has stated the
rule to be such as would make that
Jaw apply. For that reason I am in
clined to deny your application. and
suggest you present il 10 the supreme
court. I don't want to put you i'm the
position of having presented an appli-
cation and having it denied, and will
permit you to withdraw it. so that it
may be an original application
81 would prefer to present ii to this
court" replied Attorney Stewart.
You may do So was the reply of
the court.
Motion Argued and Denied.
Attorney Stewart then argued his
motion. the arguments being practical
Is along the same lines as those used
when the first motion for certificate
OF probable cause was filed with the
court Practically no evidence or facts I
were introduced When he had con-
Guided the court said.
For the reason given at the opening /
OF this discussion the application for a I
certificate As denied"
Note an exception" said Attorney /
Stewart as he gathered up his papers .
preparatory TO leaving the court room.
Shortly after o'clock the notice of
appeal was filed with the clerk OF the
district court. and the motion for a
certificate Of probable cause for "a new
trial with the clerk of the state SUI
preme court. The motion for a new
trial reads in part as follows:
Motion For New Trial Filed.