Show LAST APPEAL FOB LIFE Peter luTortensens Remarkable Plea In Judge Morses Court The best reason In tho world why a man should bu granted a new trial Is because be-cause he Is Innocent I have affirmed here In your Iionors pnstnce and to others many others that I nm Innocent V of this crime That Is the best reason in the world the best that was ever urged the t best that ever will be urged why a man should be granted a new trial if hnv log once been convicted I have other reasons however In the first place I Irmly stato to my certain knowledKo that I have not had a fair and Impartial tilul There has been no time if your Honor 1 please when I have enjoyed en-joyed tIn > benefit oC a reasonable doubt There has bent no lime during the pro cress of my trial when T have been bleiscd with the presumption of Innocence Inno-cence not ono + + + t + + + + + + + + + + + + + + + CKNSUKES THIS PRESS + j + I ask your Honor to look back + f from the ISth day of December IfOI + + the day upon which 1 was arrested + + look at the circumstance that arose + 4 between that day and the time t that + + my trial bcian tie 5th of May in + + tlii following year look nt those + + Jill rageous slanderous malljjnant > 4 malevolent I llholous I articles that I + 4 + appeared In the dally preys from + 4 V + day to day 01 from time to time + f were sea LLCIld broadcast In tho + 4 laud and among the people almost + + every man In the State of Utah + + grasping for papers that they might f + rend those dirty slanderous V rcf + marks that were there fIN + + + + + + + + 4 + + + + + + + + IN OnSCLTtR COKNBRS Many of them were coal rachel th later on and how hold the I headlines when an affirmation is made but how were they contradicted when they bronchi It out lii some Httlo obscure corner In the damned paper you would timid thin t undnrstood that thnsu remarks referring to several V things In the paper hao been wrong one perhaps out of 10000 seeing them LOOK HSTO YOUn HEART I ask your Honor to look Into your own heart and see If It Is ponaiblo that von could hun I havt 1 beiu No I ask you again lu follow that t Jury tho Impaneling of that jury Juiit think of that panorama tliat took place III this I court room 1100 venlrumcn before twelve t could be had who would even grant me a fair trial Morn than half of i them actually look IhoHf I seats yondor and oxproyHnd unqualified un-qualified opinions as to my guilt or V Innocence Inno-cence You iiay ob no they didnt say you wore guilty the y didnt say > ou were Innocent Who was Impervious to that fact what they meant nnd what they felt In their own bosoms There was nothlnir that lft any doubt In their t minds that heard thorn After scorlw District Attorney Elehnor and Dunn T I Smith mOll unmercifully for Juggling the t testimony I relating to hit financial affairs Mortenscn went on NRLIKVUD WHEN UK PLEASED Now If your Honor plcaso It will appear ap-pear to you If you will look at this thing the way J I look at it Unit tho District Attorney wanted to hang upon myro ninrks or my alleged romarks tlio proof of nearly all of thin t Ilmuiolal proposition now whon It pleases Mr i u Elchnor ho will 1 lake my word i when It doca not ploascj him he will throw It Into time wa to bas trot Just according to the way It twit that IB the statun of the t thing I from nov fair standpoint 1 drain to arty to your Honor at this time that It appears today the record of this comt that I had no reasonubln dofonso to make In fact It appears 1 haul no dufcnso to make If your Honor pkaao 1 am prepared to show you J pilvalHv when 1 got the nionoy how much I had how much my contracts wcro and to whom they were and by i whom 1 obtained material and lo whom 1 paid them + + + + + + + + + + + + + + + + + + CAN PROVE STATEMENT + + Now It appears to the court prob 4 4 ably that I could hove done this nt 4 4 4 that trial VI I doll t need to lean on + 4 my own remarks at nil I ran prove + 4 every word of It by l other wit + + nesses and you understand from 4 4 the status of public opinion today 4 I + that terrible octopus public sea V 4 4 4 limiMit 1 I for It In nothing i else whon 4 4 maddened by such crud crimes IS 4 + liii one at bar that It would be + 4 possible for us to concoct or work + + up l In any degree positive evidence 4 + It would he as Impossible for me + 4 today to build up a fraudulent 4 + case as It would be fin roe to Jly 4 4 to heaven I could not do It Why 4 4 tho Information would be brought 4 4 Into court HO quick It I would make 4 4 jour hair raise So much for my 4 4 financial condition + + + + + + + + + + + + + + 4 + + + NEVER DEKORE IN l THE WORLD If your Honor will recollect iheiv was such evidence us revelation Introduced hero Into this court At no time I be llivo HO far as 1 am Informed has a similar thing occurred In thin world Now Mr Elchnor has stated he wanted to lea le-a ir In this thing fair to i the Stale and to me Mr Elchnor Is aware Hint I t there t wore many men who hear Jatnrs Sharps statement to me Why did he want to put James Sharp on the stand at all for It was In the paper everybody knew James Sharp claimed It as a mvelatlon Why was It Introduced Oh wi cannot afford to lose track of the revelation oh no that IB too strong GOOD MORMON AND BAD roR lO SIr S-Ir Elchnor Introduced r think something some-thing like thin Peter Mortensen a m poor or bad Mprmon James Sharp u good Mormon something to that oflVot Of course n bad Mormon could not call down God hero to testify and therefore he I could not answer the tjuestlon That In tho substance Oh Mr Elchnor it your Honor please too dont you know what a tremendous t Influence that hud Dont you know that hundreds wns going to say inousanus men nave built their wholooplnlons upon that one minis statement state-ment Now what does It prove what did It prove when Mr Sharp stood on that stand there and says And I will not deny It j neither here nor before my God when I am gone t Did I not Bee ccry countenance In that Jury change Mormon Mor-mon and non Iormon alike They believed be-lieved James Sharp thnl Is vhiit Iney I clone they believed him Now whnt did IL prove If I It proved ono solitary thin on earth It proved that Jnmes Sharp bo I llovod me guilty not another thing on enrlhWilES WHEN SHARP SAAV VISION There niv too many circumstances surrounding sur-rounding Hint I to admit for a nomcnt that it wag a revelation even had It been ad mlFslble before the court In the first place I desire to call your attention to one thing In connection with this Mr Sharp V met me at the bank along with Earnest 1 Romney You will remember the conversation conver-sation an Jilt IInod by Mr Sharp He I met us there and Mr Romney was rather prcsing tho Idci to AlrSlmrp m should bccomi responsible for 3SOO He I i look It that way 1 take It flora his romarks He I did not tell me so but he says If you want your money go and get It Ho says I am going out t to see my daughter and he went on LImo street car He took his daughter ho went down to what Is known as HendryH more and while thoro he waited for a street car and In waiting he walked along to the Intersection of the street car and the Rio Grande Western track and while there ha sees that vision as ho pictured when he was testifying He 1 says I looked down the track and T saw the t blood on ihe l track and a saw those blood tracks leading to he I grave1 That Is what ho said WOULD HAVE TESTED I VISION Now what did he do He takes his daughter gets on the llrst car that comes along and goes home That Is what he done I say what would any man do If he had had that vision I know what I would have done I would have gone hero to put it to the test you bet I would have put It to the teal anil so would any other man who was looking for the facts Now he goes hoiie He comes back out In the afternoon with officers and It Is then I when he accused tile of murdering his soninlaw Now you might argue or urge that Mr Sharp did not have time he was too busy Just then when ho was taking his daughter down but now remember I re-member In the afternoon Horn three 0 four hours after he had seen this vision 1 which he claimed he brings out these of llcers this vision could not posrslblv havo left him like that they n list have had it and It I weighted on him If he had It I What did he do Did he go down there with the officers Oh no goes back home 1 goes up and visits him In the owning shakes hands with mo be never goes near where he claims lo have seen lames R Hay + + + + + + + + + + 4444 + + + + BICEPS FOR EICHNOR 4 4 Now the whole thing In a nutshell f + Is i this Mr Sharp bollevnd me + 4 Rullty arid he accused mo of It and + + ho claims that I did not contradict + 4 It Mr Elchnor suy Rise In holy 4 4 Indignation and smile such an ae 4 4 + cusatlon Yes and 1 want to re + 4 mark now If I were to hive It over 4 + again I would not touch a hair of + 4 that old mans head not a hair 4 I 4 If Mr Elchnor bind made such a 4 + dpclaratlon 3 might havn glvon n lit + + He of my bleeps An old gray + + headed man he drives me drives 4 + me right lo the wall he drives cv 4 + cry particle of sympalhy of thing 4 4 + that I had look fron him That Is + 4 what he clone and yet this la all 1 4 fair of course 4 + + + V + + + + + + + + + + + + + + BLAMES THE REPORTERS This all leads a man to believe that he has had IL m fair tilal I Fourteen hundred vcnlronien almost half or moro than half como there as I have said before how wore they Inllncnced how was It I that men from the different uvocntlmu In life could havo thus made up their opinions by II half downI I wan going to sav something some-thing I I will sav ruporlorx They have I latched up nil tiieso things they l aro thu ones rciiponulblc for thin I terrible public sentiment and this sentiment that pro I V eluded any possible thing I could do I could not In any way rccelvp a fair tilnl I indir theme conditions and all because acm a-cm Influential man and wealthy man and a man who had Isui known to be honnr able and upright and Just In all his doul I logs bocaiiHo he would say tl had a revelation I rev-elation Now If Mr Sharp bad slrnulv said I believe that man guilty ami thus far lrull going lo prn ectitc t him nobody could have objected to that I have never objected to the t facts coming out there mt I am sorry to say the Slate ban The Slute buy with all their lesouicus taken mud stripped a nan naked and then says lore defend yourself WHAT THE LAW SAYS What does the law say My counsel i humus referred the court prosecution to It The burden lu upon I hum State AViifi thai jury Influence because I did not get on hat stand Oh It IUIH como to my cars from loo ninny yourcofi too many sources ltogethcr The Supreme court even said Why It appears Ie 1 t iuc man had been Innocent Inno-cent he would certainly have got up nnd aid so Why How many criminal cases Is there pioscciited from time to limo where the defendant never attempts to rJH upon the stand at all Sometimes be CuLtiSm he can not other times becaimo for erluln reason ho docs not want to but ho burden is on the Stntc to prove him guilty I maintain today I that the State allod In every IIIHh lIce That beautiful chain of steel of Elilinorn lu Hko cobwebs cob-webs nod I am not left vi bout a ron onabli deffiise your Honor oven though I fall to have utilized iho nhuncu fftvqn mo HE WAS NOT THERE V Further you will recollect John Allen labicd that he sav mo tho night of Do comber 10th within sixty or lJccnt feet west of that Seventh Knst car line on tho Rio Grande Western track low I the Stale SimS pirthod for material for u prosecution wan shown clearly there Take u man standing there u hi a blilKo of light and looking out Into the darkness of night and tiaylng then r saw a certain Individual Indi-vidual I walking down the I track Very palpable Mr Ekhnor 1 should think I you would be proud of Hint point t I should think I so m You could not sea me r wasnt there no Further than that to show how fair the Stale has been why didnt the officers put mo In among eight or ten t men and let John Allen pick me ml why didnt ihey do liv I t Because they could iiI that ii-I I IB I thin reason and for no other ienion + + + + + + + + + + + + + + + + + 4 JOHN ALLEN WAS LYING 4 4 Men are not jumping amund In 4 4 + such subterfuges sr that when they 4 4 could do a thing No There are + I I + certain officers down there who 4 I 4 knew John Allen was lying 1 There 4 + Is MorUnsen hi that him 7 That 4 4 was the statement how he came In 4 + 4 there and what did John Allen say 4 4 r there John Allen said I hate to + + swear a mans life away on whit I 4 4 paw I should Judge that he would 4 + and I tell you Mr Elchnor If a i day 4 + ever comes when a bullet plcrcen 4 + my heart I would rather stand In + + my shocs llinn his 4 4T + + + + + + + + + + + + + + + + T QUESTION OF TIME Till testimony before the court was that the ball was fired or the l pistol was fired or gun or whatever it wan was Jlrcd at U0 Hero i comes John Allen along and he Bays he saw u nan go down there with a shovel on his back What was anybody doing there at 1030 If he had killed a man at 0r0 What was he doing Oh of conne he went home to got out or the way got out of oho way that Is I ho I main thing got out of the way and then sneak I back Mr h Elchnor 1 happen to be able t to prove 1 wan not out of my house at 9 or 1020 OflINt THAT COBWI3P CHAIN You say why didnt you do It There are a number of reasons First of nil because be-cause the State did not prove one thing not one thing That beautiful ihnin no I referred to of fiftyfour links I believe Mr Elchnor had wan Just about t t such composed nf about such material aa I have outlined That Is the reason Rather rotten Mr Elchnor That Is the reason NOT THE ONLY VICTIM There is one man who has been left rotting In that penitentiary up yonder for nearly throe years who today nlands absolutely clear of tho crime of which he l Is accused Time Stale has not got the first scratch of IL pen against him He had n fair defense at the time but forM for-M > mo reason or other did nol happen to put It on he let It go by default Today he l Isln possession of such fact as will clear him beyond any question of a doubt Why didnt he Now the same reason npnllos to me WHAT MUS HAY SAID If 1 your honor please 1 desire to refer to another matter Mr Elchnors argument argu-ment Is i cry plausible again in this Instance In-stance Mrs Hay gels on the bland and she testifies something like hIs that at Xy > Mr Hay I reaches home he has his supper and after m he has had his supper lie tells her I that lit Is going over to my house to I collect homo money ami that lie will only be gone a few moments 1 desire de-sire to call your attention uartlcuhuly to the location James It Hay I Is living within a walk of two mlnulos no moro than that n man can ca > y mull from Mr Hays house to mine i In I two minute I desire to call your attention to this fact that James R Hay notwithstanding notwithstand-ing he was living ao close notwithstanding notwithstand-ing the fact that I ho hail told his wife he would be back In a fev moments he dixhsed himself In his big overcoat and ho wrapped his neck up h In his handkerchief nnd lie goes out of the back door locks the door amid puts the key In his pockcl The evidence before th court was lhat Ihe overcoat was hero that big overcoat which ho had The evidence before the court Is that the key was In his pocket Now I ask you Mr Elchnor In all reason rea-son why did he put on his overcoat Wouldyou m have put It on going such a little ways I think not Now again why did he lock his door If he expected to bo back In a few moments Can yon answer IIV No you cannot The roa oli able proiiumpllon Is that I ho came lo my house with the t intention of getting llnii I 1 money and laklng It to Ernest Romnoys house as he said Now you fay his wife wanted to lock the door She could have locked It on the I Imshmle and III a few minutes min-utes he could go back and then she could unlock It > i < alu TO DIG HIS OWN GRAVE Again Mr Hay came Into my house and got that u money and he left the receipt re-ceipt for II Now how could I have got that receipt off of James Hays 1 person If I had not paid him time money There Is a significant point right hero Mr Elchnor says Oh ho told Mr Hay of COUIFO that ho had burled the money I think down In the Held and ho made that poor boy shoulder the I shovel and walk down there and dig the I grave with I which ho Intended to dig the grave and then t cowardly pulled a gun on his nearest filond That Is the theory of the State and If your honor plenbc I ask von to look at that a little bit Mr Hay I had been told a half a dozen times as Mr Romney stll toil In his testimony Hint I money was located In my cellar Now wheie is there a sensible man that could have boon toted off In some Hold to dig It up 7 Au reasonable man would have said here If I yon havent got the money hero 1 guess wo will como around tomorrow to-morrow morning and by the way that Is when he was supposed to come around and f did not know ho was coming on a Monday I night December I PjUi Wouldnt Mr Hay I have absolutely reinsed to goon go-on any such foolhardy orriml as that i go and dig the money up down In some field Oh he says maybe you mild rmL do It unite that way mavbe you went nut to talk mailers over I heard something of that t yes we will go out and wilt matters oor Where Is there a man who would have gono Whero Is t thece ono word oven of all the rotten stories that t I hum tn been olrculaled about Inc Whore IH there ono that James R Hay loft my house with other than the most friendly feeling Listen what Ernest Romney says He says he said Christmas Is there prelly near and wo will Just gel a lur I koy for you we will get a turkey for you on Christmas Shows that he was worried L i good deal of course showed that t t t he was In a tremendously workedup stole that he had been taken that n rccclpl had boon taken from him and soon so-on and that he was walked out behind a 2tin a ABOUT THAT GUST GUS-T doslde though to call tho courts attention at-tention to the fact that In all the t ofiforts of the I State to I show that I had In any manner purchased a m gun from anyone that I had borrowed one or otherwise Your honor certainly miint know If I such had been the fact it would not have taken t long to have found It Now there Is a significant fact thoro In connection with I that I desire lo s > ay 1 had a gunIn my bonne but It didnt happen to bo a re V caliber lhat Is all the difference Now why If I had a gun why dldn I use that V V Why didnt I use It Mr h u Elchnor 1 Oh you nay of course that I would bo known V Could not that have 1 been burled or thrown away or done away with the same as the other J guens so but 1 jjuesa It would have been Just as effective |