The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1903-11-20

NOR two hours last night Peter Nor
Jensen pleaded with Governor
Heber n. Wells in the private Of
flee of Warden Dow at the peniten-
tiary to grant him a respite and save
him from being shot to death this
morning, but without success. At the
close of MOrtensen's plea for mercy NJ
was informed by the governor that TO
new facts had beer introduced upon
which a stay of execution could be
granted and that the order of the
court would have 20 be carried out to-
day. MOrteusen received this news i'm
the same spirit that he has shown
throughout the entire case, and did not
show the slightest sign of fear or even
Disappointment
MOrtensen's plea was an utter failure,
for not only did he fail to suggest any
new evidence that would help his case.
but he made admissions that convinced
his hearers more firmly than ever of his
guilt He admitted last night when
questioned by Governor Wells that his
wife told the truth when she declared
she had seen him burn some articles of
clothing that were stained with blood
when he returned TO the house the
night that Hay was killed His eN
PLANTATION was that the blood on the
clothing was from a scratch on his
thumb caused by a nail.
Tried to Prove an Alibi
He attempted to prove an alibi and
declared that during the time he was
absent from his home on the night OF
the tragedy he went to the house of
job Hemsley in Forest Dale, but said
that no ore was at home at the time.
When confronted with the statement
he made during his trial that he was
not out of his house on the fatal even
/ ing, Mortensen became confused and
made no explanation. He made no at
tempt to explain how he came into pos
session of the $500 he claimed TO have
paid Hay, but said his attorneys had
prepared an account which was intend
ed to throw some light on the subject
MOrtensen- declared that the reason
his wife did not come to his rescue dur
ing the trial was because Of the irfiu-
ence Of her relatives. who persuaded
her not TO appear.
Outside Of the above Mortenseu
brought out no new facts whatever. He
pleaded earnestly to be given a re-
prieve. and at times fairly begged the
governor to save MIN. He was quite
calm. although earnest. throughout his
entire plea except near the close. when
the governor intimated that he had said
nothing that could warrant a reprieve
Then. when he realized that his last
hope was gone. ne fervenly beseeched
: the executive to use clemency and save
him from being executed today.
Smiled When Governor Refused.
At no time, however. during his APP
( peal did ne weep or show any sign OF
breaking down. and when the confer
enCe was over walked from the room
with the same smile upon his face that
l he has always worn.
/ Governor Wells met MOrJensen last
night in response to a petition from the
latter that was presented to the execu-
tive by Attorney Stewart yesterday aft
ernOOn- At the request of the governor
/ District Attorney Eichn0r was present
as were Secretary of State Hammond
/ General John Q. Cannon, Warden Dow
1 Acting Warden Wright and Guard Ed
NaylOr who is one of the death watch
/ The party drove out TO the penitentiary
about S.45 p. m, and remained ctOseteL
/ with Mortensen until about 1915 %. m
4 Attorney Barnard J. Stewart anC
Henry and David MOrtensen- came Ou
about 10 O'Clock and Stewart SPOKE
briefly with Governor Wells immedi
ately after the conference had ended
/ Stewart and the two brothers visited
with MOrtensen for about twenty min
utes after he had been taken back g,
! his cell.
Supreme Court Refuses.
( For the general reason that Their,
/ were no good grounds for doing so
/ from a legal point of view, the state
4 supreme court yesterday afternoon de-
MED the petition of Peter AIOrtensen:
/ attorneys for q rehearing of his see
/ ond appeal for new trial The mat
\ ter was under consideration by tb-
court for about twenty-four hours
/ The opinion was written by AssOciat.
Justice Mozart ana was cOucurred il
I by Chief Justice Baskiu and Associate
Justice Bartch.
The opinion of Associate Justice Mc
/ Carly refusing TO reopen the case Is
/ couched in very plain language. It j..
| simple in the extreme. and disposes o
I the petition i'm most clear and com
! prehensive manner. Fully One-half o.
I the opinion is devoted TO setting fOrl
the steps taken by counsel Tor defend
ant in the different appeals. Afte
/ bringing the case up to the time dis
I position was made of the last appeal
l the opinion says
by an examination OF the record an,
\ the several opinions handed down il
/ this case. &c win be seen that the iden
/ teal questions raised by this last ap
4 peal and the petition now before u
for Il rehearing. to-wit the alleged mis-
conduct of the jury. and the refusa
! of the trial court 20 permit Royal q
I Young TO TESTIFY In support Of the mo
J ton for new trial. having been twic
considered and passed uDon by tht
| court. cannot now bf reopcned f0r fur
ther consideration. That appeals can