The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1903-11-15


long and eloquent plea for a commu-
tauon Of sentence 1T was his first ac-
tive appearance in the case for many
months. Since the conclusion OF the
trial, his brother, 3. j. Stewart, has
Intended to the active work I'm the
courts
He prefaced his remarks with the as
seruon that MOrtensen and Hay had
always been good. personal friends up
Co the time Of the crime, that before
that time the condemned man had
never been accused of any OmenSe. al
ways conducting himself as a law
abiding citizen. Touching upon the
prejudice against Mortensen, Attorney
Stewart said I'M substance:
Strong Public Prejudice
you all know that when a man is
suspected OF crime and public prejudice
is so strong against him. as it was in
this case. he cannot bear himself up
and overcome such pTcjudices. He may
make statements which are not WhOliy
true when pressed by officials, as he
was, who were anxious TO fasten this
crime upon someone. In this case the
evidence WAS wholly circumstantal- 1t
Is said that circumstances never lie,
yet witnesses who testified as TO those
circumstances may lie and misrepre-
sent the facts"
Facts .in relation 20 the case as shown
by the evidence were then related at
length by the attorney. He touched
upon the visit of HAY to Mortensen the
fatal night. adding that what occurred
there is not known excepting from ad-
missions made by the defendant after
his arrest TO the officers.
Attorney Stewart was Interrupted at
that point by Associate Justice Bartch,
who asked him.
WAS it not within the power of the
defense to make clear what occurred
at the house that night? Mortensen
and his wife are living witnesses TO
what OCCurred2'
The attorney replied in substance that
MOrtenseu did not take the stand in his
own behalf. not thinking il necessary,
and that his wife did not testify, either.
Question of Money.
Let me ask you another question"
interpolated Chief Justice Baslin.
Wasn't # I'm the power of the defense
to show that defendant had collected
the money with which to pay the note2'
The explanation by Attorney Stewart
was to the effect that MOrtensen's
books were I'm such condition that he
could not have proven the money in
hand without sending for a number OF
witnesses, some Of whom were not in
the state at the time of the trial. He
did not think the state was proving it's
case. and did not think it necessary TO
send for the witnesses.
While relating the evidence adduced
during the trial, the attorney gradually
led up to the revelation accusation or
James Sharp, wherein he accused Nor
Jensen Of killing his son-in-law. In
reply TO the often-repeated assertion
that Mortensen did not dare deny the
allegation, the attorney said:
IAN honest man would pay no atten-
ton to the charge made under such
circumstances. IT, after the body had
been found and Mr. Sharp had again
s4nrrrrna NTovFnmenr1 of 10 crime Nor
Jensen had said. you lie. am innocent
of the crimey they would have chOked
him because all those people knew Mr..
Snaps feelings at that time Again,
was Aorteusen's conduct, in telephoning
to the police and notifying them Of the
finding of Hays body. that of a guilty
man? I contend that il was not"
Brother Gives Testimony.
A little further along in his argu-
ments Attorney Stewart was interrupt
ed by Associate Justice Bartch. he
asked for an explanation Of MOrten-
sens statement that the shovel he gave
TOrgesen to use in digging up Hays
body was the only shovel he had, when,
according TO the testimony adduced IN
court. there was another found upon
the condemned mans premises, the
blade of which fitted the prints found in
the grave
Henry Mortensen. brother Of the de-
PENDANT, can explain that matter If the
board viii permit him to do so,' replied
the attorney
The brother was given the privilege.
He said:
''Mr. CouIt had the long handled show
81 and had been using it in mixing
mortar. He washed it off and returned
it to the barn afterwards. That is how
SC came there. Mr.. COult is in the city
now and viii tell you the same thing
If YOU viii send for him.
Replying TO a question by one Of the
members of the board, Attorney Stew
art said that that was the first time
ne had heard of it, that had he known
that fact before, it would have been
brought out during the progress Of the
Last VIII Be First.
At that juncture the pleading attor-
new used the Hays murder case as a
comparison. That man was pardOned
even after it was shown that some Of
the evidence given in court in behalf
of the defendant was false. The att0r-
ncy said that no one had yet ventured
10 make the assertion that any of the
testimony given in the MOrtensen case,
I'm his own behalf. had been other than
the absolute truth.
Touching upon the allegation that
Mortenseu has been trying 20 delay his
execution by grasping at legal techni-
CaliGes. Attorney Stewart said:
eco out 60 the state prison and you
viii find five condemned prisoners
Peter Mortensen was the last to be
sentenced and VIII be the first TO be
executed should the judgment OF the
court be carried out next Friday.
ask you gentlemen of the board, to
read the opinion Of the supreme court
on the first appeal and on the second
appeal Read the dissenting opinion Of
Judge ATari0ueauE and consider il care
fully and then determine whether or not
Peter AIortensen has had a fair trial"
Young Cited to Appear.
In conclusion. Attorney Stewart
touched upon the public prejudice
against the prisoner. He said that
pcnitentiary a newspaper man went out
To see him. but was denied admission.
Although he did not see the condemned
man. ne went back 10 his desk and
wrote a column interview. which was
false from beginning to end. The at
t0mey said that if the board would
commute The sentence to life imprison-
ment within the next two years the
defendant would be able TO prove his
innocence and clear his name of the
foul crime of which ne had been ille-
Eally convicted
He said that either that afternoon or
Monday he would file with the state
supreme court a petition for a rehear-
ing on the second appeal He had made
an attempt TO secure signers 90 q petit
tion asking for a Communication Of sem
tence. but could set no signers. The
attorney then asked that Royal e.