Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1903-05-20
ARGUMENT IN
MORTENSEN CASE

The supreme court today heard argu-
ments In the case of the state OF Utah
vs. Peter Mortenseu, convicted Of the
murder Of James X, Hay and sentenced
to death. Arguments were commenced
az about ll;45 this morning by Atty.
Barnard j. stewart for the defendant.
This being the last case on the regular
calendar, the court consented to give
the attorneys more time IN which to
argue the case, Mr.. Stewart argued
for two hours aud was followed by
Dlst-Atty. Eichnor and Atty. Gen.
Breeder for the state. who win be al
lowed two hours between them. The
arguments were not completed when
the News report closed.
Mr.. Stewart In his argument cited Is
errors Of the trial court upon which the
defendant relies for new trial. The
greatest stress, however WAS laid up
on the admission Of j. G. Sharp's tes-
timony BY stipulation, the visit OF tho
jury to the premises Of the defendant
unaccompaned by him and the testi.
mony Of John Sharp IN regard TO his
revelation on tl-se points Mr., Stew
art said in part
THE SHARP TESTIMONY.
"It Il was not prejudiclai to the rights
OF the defendant TO thus stipulaie into
the record, FOR the consideration of the
jury, the testimony OF j. c. sharp. Il
certainly would not have been prejudi-
oial 10 the defendant had all the testia
mony pertaining to the defendants
financial status been admitted In stip-
ulatlon form. Why the necessity Of
oath or the confronting Of the defend
ant with any witnesses2 Why not al
low counsel TO so into court and stipu-
late as to all the evidence TO be pro-
duced against the defendant? In other
words, II our contention ia wrong, then
counsel can stIpulate away the funda-
mental law established for the protec-
ton OF the rights Of the accused, and
this would be nothing less than stlpu.
lating away the life OF the accused.
Let us concede, but not admit, for
the sake Of argument, that the Leg
islature intended that the viewing OF
the premises should not be considered
as evidence. but first we must admit
that II was the intention of the Legis-
lature and that il the very purpose OF
the law and the guarantee Of the funda-
mental law Of the Constitution, that ev-
cry man charged with crime shall be
confronted with those persons who
shall testify against him, whether that
testimony came from animate witnesses
or lnanimate witnesses. II the Legisla-
ture errs in its conception Of what con
stitutes evidence and what does mt
constitute evidence, and what facts,
and procedure are necessarily consld-
cred by a Jury in arriving at a verdict,
this error being the result of good in
tentlon with want of actual knowl-
edge Of the application or practical
demonstration and effect OF any princi-
pie, law or rule which It seems they
have attempted to enforce, is Il not the
prerOgauve, right and the imposed duty
OF this court 20 consider the actual re-
suit, rather than take for granted the
theoretical results2
"The record In this case shows that
one James Sharp. the father-in.law OF
James Il. Hay the decedent. and a Wit
ness for the state, testified that God
had revealed TO him that Peter Morten-
son. the heIenudnt nau kllltu MS SOIL
in-law, James r. Hay, the decedent.
and that the decedent never left the
defendants premises alive. That God
had revealed the guilt Of the dfendau1
Peter Mortensen, TO the witness by IN
uttsrances Of His (Gode) mouth III
proof that Peter Mortensen had killed
his SON That he appeared to him (wit-
ness) by the power Of His Gods Spirit,
in the presence Of the Holy Ghost and,
that being In the presence OF God, wit
ness dared not speak other than the
words God had given him TO utter
This testimony was allowed 10 go to
the jury without even the slightest init
nation or suggestion by the trial court
that this testimony Nns improper, or
that they should not consider IL in ar
irving at q verdict. A large
number OF the jurors impaneled to try
the defendant were and are Of the same
religious faith as Witness James Sharp.
to-wit: What Is commonly known as
Mormonism, and were believers In
the doctrine Of revelation