The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1903-10-04

is in doubt as TO whether or not your
honor VIII issue certificate of probable
cause FOR an appeal. that your honor put
the date Of execution as FAR I'm the future
as possible. however. [ shall argue thar
question IL Your honor is i'm doubt as TO
issuing certificate OF probable cause
and in order 10 give mo time to bring
The matter % the supreme court. I ask
YOUR honor to extend the time ina the 1u-
ture as far as possible.
Calls MOrtensen Up For Sentence.
The Court-You may stand up. mr.. Nor
tensen- ~ the time the judgment of the
court was pronounced against you on tho
20 OF September. 1902. yOu were informed
what the law OF this state is with ref
erence to the different modes of pun
ishment. At that time you elected 70 DO
shot Do Won now desire to make any
change I'M thar election
Mr.. Mortensen-NO. sir.
The CoUrt-Then. pursuant to the cleo
zion that YOU made a that time, and the
mandate or the supreme court Of this
state. IL IS the Judgment Of the court
that you be taken hence to place Of safe
aud secure confinement. and that YOU he
there kept in confinement until Friday,
the 10th dav Of November. and that be-
tween the hours OF 30 O'Clock In the fore
noon and O'Clock in the Afternoon of
Friday. the "a day Of November, 1908, you
he shot until yOu arc dead. and that this
execution take place within the exterior
walls Of the state prison Of this state
Attacks District Attorney.
When Mortensen first began his
speech he said ne would not deal in
personalities, that he would cOnfine his
arguments to facts showing why he
should have new trial. He spoke in
an eyen-tempered way. keeping his eyes
upon the judge most of the time. Then
he turned ana faced District Attorney
Eichnor. The latter met his gaze un-
hinchingiy, even going so far as to turn
his chair that he might confront the
doomed man.
AS hiss nervousness wore off. Nor
Jensen became more and more intern
perate in his remarks and il was soon
apparent that ne was throwing discre-
tiOn to the high winds and entering
upon TRADE of abuse, pieadings, de-
nunciations and bravado that would
eventually avail him nothing
The ma'l at first followed his line Of
argument very closely. making moro
than one point in his behalf. but that
did not last long. It soon became evil
dent that he did not have the mental
capacity to keep his themes of argu-
ment in his mind long. He would
slowly lead almost up to the climax,
then he would lose his line of thought.
founder around in a maze Of meaning
less and often repeated sentences, and
stop without accomplishing his pur-
pose.
Accusations Against the Court.
The court room held its breath with
expectancy when Mortensen actually
accused Judge Morse with being preju-
diced against him. The accusation
was made while he was denOunCing
the newspapers for his conviction and
arousing the public sentiment against
him. which. he said, had become 50
strong shat abont 400 men had to be
| excused before twelve could be found
who had not been swayed or con-
WINGED by the press Of his guilt. He
said that the articles were read by
everyone. and concluded by asking the
judge the almost direct question If he
had not been prejudiced against him
| by reading them. He added that he
could not see how the court could help
but be Dreiudiced
/ Had Mortensen continued his plea IN
/ the calm and dignified manner in
which he started out he might have
convinced some in The court room that
( he was innocent, or deserving Of
new trial. But when he began to ram
/ BILE. heap abuse upon the state prose-
! cutOr, against the press and impugn
] the court Of prejudice against him he
made very bad impression.
! The fact that Mortensen was going
] to address the court in his own BEHALF
attracted enormous crowds to the
court room. In the morning many
/ hung around the corridor. SO noisy
| did the crowd become that finally
( Judge Morse had to have everyone in
1.-THE south end oC the corridor moved
( either 10 the north end or the ones be
/ low. In the afternoon there was an
other overflow, the room not being able
/ to accommodate several hundred who
/ came too late to get in.
Well Remembered Scenes.
When the case was called the scene
/ greatly resent led those attendant upon
/ the trial little over a year ago. There
/ was the crowded court room. the same
: defendant and attorneys for state and
+ defense. In the jury box sat ten OF
/ the twelve jurors. One Of the two
missing men is dead, and the Other,
Alma IT. Rock, who gave an affidavit
as to the alleged misconduct Of the
/ jury, was out Of the city and could
/ not be served with a subpoena.
In the crowd there were several Of
/ fcers and court attaches who figured
| in the case and. trial. and q minor wit
! ness or two. The only relative Of the
] condemned man noticed was Mr. Nor
( tcnsen, an uncle OF the defendant, who
/ lives in Weber county. He was visibly
/ affected after his nephew had been
! sentenced to be shot. and in a most
! earnest way thanked Attorney Stew
art for all he had done. adding in sub
stance that he supposed there was
nothing else to be done.
Arguments For New Trial.
The arguments for a new trial began
4 after Royal 3. Young had been placed
/ upon the witness stand. He was the
| special officer Of the court in whose
/ presence it is alleged the misconduct
| Of the jury took place. 1t WAS hoped
! by the defense that Judge Morse would
/ permit him to give oral testimony IL
support of the facts set forth in the
two affidavits on file, but his honor
would not do SO.
Then Attorney Stewart began upon
his four hours argument. He WAS fol-
/ lowed very briefly by District Attorney
Eichnor. The attorney for the de-
! tense made a brief reply to the state.
1 Then Mortensen made his plea. which
was followed by the pronouncing %
sentence,
The motions of the defense were
overruled by the judge and exceptions
taken. a certificate Of probable cause
was asked for, but Judge Morse said
/ that he was not ready to grant it
/ without first hearing arguments. He
did not want to hear them then. owing
to the restlessness of the crowd the
noise in the court room being very
annoying.
If the certificate of probable, cause is
. issued before notice OF appeal If
iiled. the defense viii have six months
In which TO take their case to the state