Show F r if i f ISSUE DEATH WARRANT Judge Morse Signs Fatal i II I Paper for flfiortensen I J II I iill1 MANNER OF THE EXECUTION l a I i t Sheriff Emery to Be Held Responsible 11 I sponsible fer Prisonor I 1 i i1 I 1 AflJj I I Somo Sentimentalists Swing to thc tir f Side of Mortensen Since His ilr I BomarkableSpeech II l I f 1 I I The death warrant of Peter Mortc 1 flli rJ sun has been duly signed sealed and I PII i I I i delivered to the Sheriff of Salt Laltc i ifp ounty this formality having been Re I Iltl t compllshcd by Judge Charles W 1orsc j ti I rf I of the District court about 1 I oclot 1 J yesterday afternoon The action Is l J I taken to practically mean the ending It I of any probable chance of escape Oil i l 4l j the part of Mortensen from paying the I I i IVI extreme penalty for the alleged mu j 4 r Mer ot James U Hay whom he is bi 1 t F licvcel lo have lured to a most brutal U 1 I III ii death by the promise of paying him 1 I money due from Mortensen The on II i rhunuc for Mortensen now eft is the Ii I Issuance of a certifIcate of cause by Iii f j cither I the District court or Ihe I Si Ij II 1 11 promt court and eilhcr aceniK a very I remote probability I I i The accused since his trial and conJ con-j vlotlon has had two motions for nileI It I 1 ri trial denied The Supreme court SlIt uU j III I tained the lower court In denying thc I I first motion and the appeal upon thc I 1 t last will not have time to reach hc t i I t Supreme court before November 1 IStl I F the date set for Mortcnsens eseuutioi ij i The application for a certificate oCr oC-r i I 1 1 nuse to the District court will be argued I ar-gued tomorrow II I c There has been some change of pith I ill I lie sentiment In Morlcuscns favor sine I lie made his dramatic plea to the court last Sattinlay some persons helnj I fount who formerly had complained or h r the laws delay who arcnow Inclined I r to the belief that there may after nIl f II 1 t be a reasonable doubt of guilt This r I nl scnttmcnl howevor is yetT no doubt I lt t 7 considerably overbalanced by that i 1 J which contoiuls that if the accused Is I V I II innocent he has had abundant opportunity I J oppor-tunity to clear himself by cxplaininj j J I away the circumstances which arc so 1 fl I Ii much against him and which he has so F studiously avoided explaining It I The warrant of death is as fedlows r j The State of nih t sends greeting to the I h L bhcrirr of Salt 11Ie county II r i Mhcivjis On the sixth day of Fcbruarv A D IDOJ the defendant Peter Mortont > cii I I 1 was charged by the District Attornev oi 1 tile Third JmllcUil liHtilct of the State o f I t ltahi by Information duly Hind on that I Ii iili of the crime of murdur in lie llrsi kt I I I I ooercc i and I Whereas I The talll > < dofcndanl Petci 1 i b 1 Mortcrison was tried by a jury of faltl ourt III the manner provided by law at I I Ii 4 iho April A D I 1M term of said court i and a verdict of guilty of minder hi tin t rj r lirst decree was found and i declared ngiilnst said defordant by said Jury oji I tho fourteenth day of June A I D i02 and horeas Said court having Hxed and appointed the second day of September I A D fq2 IS tllu tlmc for pronouncing Judsnicnt on said vcnlfct the dcfcndants motion for a new trial and the defendant I defend-ant s motion In arrest of Judgment having hav-ing boon heretofore i overruled upon motion I mo-tion of Dennis C Eleanor District Attorney I Attor-ney for Judgment upon the verdict the I court asked iho defendant peter Mor iwiscii I to atand up and th raid defendant I I defend-ant having stood up In opn court the court informed him of the nature of the charge against him and of his pou and of the verdict thereon and askol ho I sail liefviHiant whcthur ho had any legal cause I 1 to show why Judgment should not be pro 1 lioiinccrl gainst him to which tho dc I fendant replied that ho was innocent of I the crime with which ho was clmractt I and that I all legal reasons which lit hall 1 to Present had theretofore been pre ClJt Ill 1 10 the court and > 11 h the ourt passed upon and that he had nothing further I VO ay I Wlicrnipon the court sulil ID I tho I dc 1 oV1t rhj lpalli Provided bv uo i 1 statute of thl State for murder in the I I Irat degree Is death to bo Inllicted olthr b L haiiglng you by thin llclc until Ilrnd U I III b > shooting you at your election you may now make the election as to which I mode of death shall be njctcd upon 4 you Co I I Whereupon the defendant saId that he eluded to he executed by shooting hereupon the court pronounced mUg meat upon the CClIdml aK follows H 1 Is the Judgment ° T tho court that > you VI Peter i Moitonsen be taken heaco to some safe anti cccure place of confinement ami l I I hat you he there JCt until > Friday the seventeenth day of October A D JOan I JO-an that between the hours of ton I oclock 1 i In the forenoon and two oclock In The I afternoon of xald seventeenth dav of I October A D m within the exterior I walln of the State prison of till State of I 1tah you ur shot until you mc Ilead J I ILl k hetaE An npwal vait Jantcc1 In mld t LlIiFo from fmlcl 1hlnl Judicial DItrlct court of thC Stah of Gtah to Ito Suprcme a court of alct State InrI Whereas On the nlnouenth dav of Sep i ha 11 n slar of procOtllIn g U Iu JIIIJHmCnL wan srallt1 unlll 1I1r1 I > wair sfMuld be ISIIOJCd iVS herllls lhc JIIIII1Il1ml tutU 1IlItelico I 2in MU 7Jr < I Judicial DlstrIcl court ro I PfiM from 1 Wtr on the I twelfth hiv a or August JW3 aftilmed II the Supreme court of the anile of Utah as duly all 1 pears III thc mlttltur the Supreme court of iitid State sir In this court antI which ruinltlltur directs hut the Julu c l11cnt and sentfIICC of IIIc1 liLtrlct court I 1 be rrl1 Into effect In cOllformlt with I law mid Whereas On the third day of October A D 1 iIttl I the efcllllanl motion fat a I IIcW trllll baying been mhll1lltclI lo the g I court and by the court ofrl1lltll upon motion of DennIs C Blchuur BSQul1c U DJstrlct Attorney for tho Ihllll Judicial all District IIr Ihe Stnte of Vtahj for 11 Ju g 4 I t1Jcnt pursuant to the ZIIJJllln and re a mlltltut or thai Suprcmo court or the State the eouIt alcctl the deCendallt I lctcr lortcllIWII to stand Up anti the IICCIIIanl havhuir SLuOI up In Ollcn court ci I the court hllJlllnll or him whoth ht h1I1 arything to itay whw the 1ul1Jmcnl or tho court as 1IlllofJII announced nnnliiat him should not bo carried Into execution I pursuant to tho inundate of the Supreme I court to which tho defendant replied hI was Innocent of the crime with which ho was cliarjiod Wlarcupon lie court said to the defendant defend-ant At tho time the Judgment of UK court wax pronounced HKalnst you on tin xocoiul duy < > f StpUnibur A D 1002 you won Informed whni the law of this State IB with reforonco to the different modts of jiimlRlmunt at that time you eluded to bi shot do you now i desire to mulct any ehniiKo In that election tr which the defendant responded No sir Thereupon tilt court pronQitncnd the t following Judgment to wit Pursuant to the flection you made at that lime and lie mundulu of thu Supremo court ol this Stat It fa the Judgment of this court that you be tiilcon honce to a plncn of snfo and secure conHmmint and that you bo there kept In confinement until Kriday the twentieth day of November A D I JWI and Hint between the hours often of-ten oclock In the t fopnoon and two oclock In the I afternoon of Kiild twentieth 1 day of November A D liKC within thin fxtorlor walls of the Slat prison of hut Slate of Utah you he shol until you are dead Now thoroforo von lie on hi Sheriff of Salt I Lake I county Utah I are huriby cou nmnd and nrjulied to lake Into your custody the t said defendant Peter Mor tensen and that within five days from this lint you convoy him the I said Prt air Mor tfiifen to the Stale prison 01 the State of rtuh and deliver him to till Vardcn thereof there to lie held In confinement until Friday the twentieth day of November No-vember A D 100j and between the hours of ten oclock in the forenoon and two oclock In tho afternoon of tho lastnamed day within the exterior wall of tho said Shun prison of the State of Utah you do shoot him the said Peter Momnsen until I he Is dead and mako duo return of your dolnia hcronnder Witness my hand this lllth day of October Octo-ber A D 1903 1903CHARLES CHARLES W MORSE Judge of the Third Judicial District State of rtjih Attest JOHN JAMES LScnlJ County Cleric I |