The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1903-10-31
M0RTENSEN'S
FATE SEALED
State Supreme Court Refuses
Hin q New Trial.
DEAT1 WATCH COMES NEXT
PARDON BOARD MAY BE ASKED
TO COMMUTE SENTENCE.
DEAT9 WATCH COMES NEXT

n ETER MOBTENSEN is doomed to
die ON Friday, Nov. 20. The state
supreme court yesterday afternoon
finally refused him new trial. The
opinion was handed down a: 5-55
o'clock 1t was written by Associate
Justice Bartch, and concurred i'm by
chief Justice Baskin. District Judge
Thomas MarioneauX who sat for Asso-
ciate Justice McCarty, who was de-
tanned al home by sickness in his fam
lily, dissented. He announced that he
would proba bly, write an opinion later.
At the state penitentiary last even
ing il was said that the condemned man
would not be apprised of his fate until
this morning. It was s o'clock when
the prison authorities learned of the
courts action. They said Ii was then
too late at night to inform Mortensen
OF his doom; that they would wait Un-
III this morning
When the attorneys for NIortensen
were told OF the decision, they expressed
themselves as doUbly surprised-at the
quick action on the part of the court.
and the ruling made. They had hopei
they would be given another opportuni-
" 70 prove the innocence Of their client.
When asked what would be the next
step, Attorney G. B. Stewart said:
VIII Ask For a Pardon.
From a legal standpoint We can do
nothing. Our remaining hope is to in
duce the state board OF pardons to com
mute the death penalty 20 lie impris-
onment If the board refuses that re-
quest then Mortensen's fate is sealed.
His last earthly hope viii be gone"
Il do not know what we can do with
the board of pardOns." said Attorney
Bernard J. Stewart. 1T does not meet
until the day after the date set for the
execution. Unless the board will con-
sent TO hold a special meeting for the
purpose Of considering our application
for a Communication Of sentence. do not
see what we can do. ] am not familiar
with the rules of the board, so cannot
say whether they can hold a special
meeting. An application for life i'm
prisonment depends, therefore, upon
the action of the board relative 10 hold
ing "A special meeting"
The supreme court refused the mo-
ton for a new trial on the ground thaS
the newly discovered evidence rela tive
10 the alleged misconduct of the jury
in viewing the premises was but an
elaboration Of the main facts presented
to the court when the second appliCa-
tiOn for d new trial was asked for.
The new affidavits contained only ad-
duct on the part OF the jury. The
court said IN substance that If the mo-
tion were granted the attorneys could
so back 20 the district court present
further af1dalfts alonL the line cf
those already adduced. and if a GER
1 tihcate of probable cause was again
refused by the trial judge that they
could begin the same proceedings all
over again. and keep them up rs long
as any new minor details could be in
jected into an affidavit. pOstpOning the
death sentence indefinitely.
InasmuCh as the showing made did
not warrant the granting Of the mo-
I ton for a new trial. the court felt con-
strained to grant the motion Of AttOr-
rey General NJ. A. Breeder to dismiss
the motion, which is so ordered.
Death Watch at Once.
The penitentiary officials will take
/ immediate steps to place a death watch
over Mortensen. He Will TODAY prob
ably be moved from his present cell
and be placed in another in a more
! isolated section Of the south cell house
And from that time until he is led out
To be shot he viii be watched night and
DAY by a guard. Not for a minute viii
/ ne be left to himself. He viii not be
given the least opportunity to defea
J the law by taking his own life.
AS the time draws near for his exc
\ cution Mortensen's guard viii be dOu-
/ bled, two men standing watch. They
Will be dignifed by the name of the
/ death watch" Either the night be
! fore the day Of execution or the morn
! ing Of Nov. 20. the date set by Judge
] Charles W. Morse for the shooting
I Mortensen viii be turned over to Sher-
\ if c. Frank Emery, who is to carry
/ out the courts orders. tt is then thai
! the sheriff Will read the death warrant
I to the doomed man. It's reading viii
/ be the last legal formality to be gone
/ through with excepting the carrying
out OF the actual execution.
. The decision OF the court follows;
Opinion Of the Court.
This case was before MS on forne
occasion on appeal from the judgment
/ after motion Tor a new trial had Deal
! Overruled. We then, uDOn very careful
; examination OF the whole record. an
upon such discussion of the various Ques
lions Of law presented and involved. "a
we then deemed necessary and import
] ant. affirmed the judgment and remande'
the case to the trial court for furthe
! proceedings according to law. % Pac
Rep. 562-
Z Soon after the remittitur was sent dow
the defendant filed another motion for
new trial. Upon the hearing. the cour
/ overruled the motion. and, this being
case of murder in the first degree, sen
! fenced the defendant to be executed, a
! Nov 20 1903. ThereupOn he again APP
/ pealed to this court from the Judgment
/ assigning as error the action OF the cOur
! in overriding his second motion for a ney
/ trial. The trial court upon application
| therefor, refused to grant the detendan
I a certificate OF probable cause, and tina
! matter is also before us
The state has challenged the standin
of the appellant in this court by mo
/ Continued ON page