The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1903-09-27
M0RTENSEN TO
TALK SATURDAY
Passing Of Sentence Is Post
ponsd Until Then.
PRISONER ASKS TO TALK
MOTION FOR NEW TRIAL WILL
BE ARGUED FIRST.

The criminal division Of the district
court, Judge Charles ". Morse pre-
siding, was crowded twice yesterday
70 standing room only by morbid
crowds which have congregated there
in anticipation Of witnessing the SOL
emu spectacle of Peter MOrtensen be-
ing sentenced to death the second time
for the murder of James r. Hay.
But the spectators were disappointed.
Although they had the satisfaction Of
seeing the condemned man and noting
his every movement of irritation or
i unconcern, they were denied hearing
| Judge Morse pronounce the death SEN
tCnce. j. J. Stewart, attorney for
, the defendant, asked to have that try
ing ordeal postponed until he could
present arguments and affidavits in
support of his motion for a new trial
on the grounds of newly discovered
evidence.
( To enable the attorney for the pris-
oner more thoroughly TO prepare his
case. and at the same time have Suf-
6cient time in which to secure a much
needed affidavit, Judge Morse contin-
ued the whole proceedings for one
week, oct. 3.
Prejudice is Alleged.
/ During the course of his arguments
asking for an arrest of sentence for
a few days, Attorney Stewart made
the statement that the affidavit which
he proposed to submit in support of
his motion for a new trial viii set
forth that the men swearing to the
instrument heard one or more Of the
jurors who tried and convicted Nor
Jensen say, before they We're accepted
as jurors, that they had formed an
opinion in the case. Who the man is,
and to which jurors he refers. is un-
known to anyone excepting the man
himself, Judge Morse and Attorney
Stewart.
The correspondence in regard to the
man who is said 20 be willing to make
the affidavit was produced in court.
1t was given to Judge Morse by At
torney Stewart during the course OF
his arguments. After reading them his
honor returned them to the attorney,
adding that he did not think they, in
{ themselves, furnished grounds suf-
ficient for the granting of a new trial.
But, in his desire to give the defend
ant the benefit Of any and every pos
sible doubt, he was willing to wait
until the affidavit itself could be pro-
cured. and hear what other arguments
counsel for MOrtensen might wish to
make.
The whole proceedings were strenu-
Ously objected to by District Attorney
Dennis c. EiChnOr. He cOntended that
the move made by the attorney for the
defense was simply a scheme to secure
more time, to delay the ultimate ends
of justice. The district attorney said
he did not need time in which to pre-
pare a set speech in answer to the
arguments of the other side, repeating
twice that five minutes would suffice
him in which to show the court that
the motion was a mere preteXt to Sc
cure additional time.
The district attorney said he was not
to be understood as being anxious to
railroad Nortensen to his death, but
he could not see the wisdom or justice
or right in the moves which were be
ing made to delay ne paying to JUS
tice her just deserts.
Throng Comes Early.
Although the hour set for the SEN
fencing was 10 o'clock, fully thirty
minutes before that time every seat in
the large courtroom was occupied. Late
corners were compelled to stand in the
aisIes, or occupy the space inside the
railing set apart for attorneys and
witnesses. When the clock in the tall
tower of the building struck 10 o'clock
not less than 400 men and women had
I crowded themselves into the court
room.
The women We're we'll represented,
the majority of them occupying the
front seats. o.
While the crowd of the morning was
cOngregating in the courtroom, and
discussing the case and the mornings
prospective events in little knots in
the corridor Of the fourth floor of the
building the defendant was chatting
] 81,
basement of the building. On either
side of him sat an attache of the state
penitentiary. One was Acting Warden
! Wright With him was Guard An
drew IRE. Between them sat Morten-
SEN with both hands encased in steel
Wristlets. He was the most uncOn-
/ cerned member of the trio.
Mortensen Asks to Talk.
He was not the same Mortensen who
faced Judge Morse more than a year
ago. While little stOUter-prisOn fare
and confinement apparently agreeing
with his physical development-his face
was not so rugged His color was con-
siderably lighter. His hair was combed
in the usual careful manner. the same
old curl over the left eye being there
in all its former lines and eXactness.
But there was a more decided change
in the face. 1t had lost, to a certain
degree, its accustomed Indifferent ex-
/ preston. There was just a tinge of
anxiety or apprehension noticeable,
and added to that there were many
lines and wrinkles The latter were
more noticeable on the forehead. The
wrinkles were especially noticeable
when MOrtensen walked into the court
room, with a prison attache on either
side, and had to elbow his way through
the crowd to the vacant space beyond
the rail in front of the judges desk
He looked neither to the right nor to
the left as he pushed through the
crowd. and looked no one in the face
up to the time that he took his seat
at the table in front OF the judges
bench. He had hardly gotten seated
before he met the gaze of his attorney,
Is. J. Stewart. By that time his hand
cuffs had been removed With his
characteristic smile ne rose to his feet
with a bound and grasped Mr.. Stewart
firmly by the hand. They enjoyed 4
regular pump handle shake" for sew
eral seconds, when they seated them
selves and talked earnestly while
Judge Morse disposed of several mat
ters on the docket for the day.
Not until Judge Morse called his case
did Mortensen once lift his eyes to the
man who had presided at his trial and
once before sentenced him to death.
From that time on. during the half
hour which has case occupied the at
tention Of the court, Mortensen seldom
let his eyes wander for any length of
time from those Of his honor.
Change in Mortensen.