Show 1 + iF I II 1 11 r n Till dGHTlNb P OEM a I 1 i I f iJ I I I + IJ > r Peter Mortensen Will Play N t + His Last Card Today I Pi i + I j 11 Iii c Ii-i j i ij MOTION FOR A NEW TRIAL J I liJrj1 I 1 1 t i t I ii t I I Based Upon the Affidavit oft of-t + I d 111 j i 1 I Juror Rook f S jj k I I J M JII II I < s l States Thnt Special Officer Royal B I j1 I I N I I l Y I i + i 1 I l Young Told Him About the i ti f i Finding of Hays Body f I 11 i il 1 t I c d I II i t I I r f 1 With death beckoning to him Peter I t I th Mortensen thc slayer of James R Hay t ti r i j IA I continues the desperate strugglc I l I II ngalnst fate Another chapter In the II t > i battle for life will be fought by his attorneys 1 t It 1 1 1 11 t If torneys this morning In Judge C W III 5 t i Morses court Attorney Elch i I z 1 t J nor was served yesterday with a notice iil I I no-tice of a motion for a new trial which i 1 i d i will be made at 10 oclock Itforton + 1 01 t I Ili sen who will be taken to the court s 1I A 1 rl ll room will leave his quarters at the I t t I hl 111 penitentiary for the first time In I I I t 1i 1 J months 1 Ji If BASIS OF THE MOTION j 1 p I t I + The motion for a new trial Is made i 1 J upon the statements oC Alma H Rock l I I > t I G I one oC the jurors who returned a verdict 1tUJI I I if If It V ver-dict against t Mortensen of murder In the tH I y I Jlrst degree The affidavit charges that WI J 111 ne talked regarding the affair with + s I i Royal B Young the special officer who ji lift t f 1 had charge of the jury and uho was ti Lrr with the twelve men when they visited I l 1 vis-ited the scene of Mortensens crime ll It I 1 I I Young conducted the jury to a point + lifti i j I south of the grave where the victim I It p I I I was discovered by him and Morten I I 1 I I 1 j sen nnd pointing to a rail is alleged IJ r 1 r to have said to Rock Here arc the i i 1 Ii blood spots This Is where Ilnys head I j I is supposed to have struck when he j r + fell Here is where the body rolled I 111 j I Il la down the side of the grade from the j r t jl + trade I 1 i I iH II WHAT YOUNG SAID It 1 i I I Here is where the body Is supposed t 7 I 1 to have been thrown over the fence I I I r when i first got through at the time 1 1 Mortensen and T discovered the grave j I The fence wires were tight then I II thencer I 1 I t 1 Rock continues to say that Officer 1I I Young pointed out the direction they I a look spoke of the tracks In the snow i and the condition In which they found 1 the grave He also pointed 1 out the fact to Rock that the grave was partially II I I O par-tially tIlled on account of so many people peo-ple visiting the place Rock testllles In the affidavit that Young also said i I FOUND AT THE GRAVE The grave Is a little wider and a irk d little longer and it may not be quite I I 1 V ro dee > as It was at the time we discovered r 1 I dis-covered It because the dii t has bees I dropped in at the sides and filled In a 1 little at J the bottom but when we discovered I dis-covered the grave It was shorter than 1 t r it now appears The ground was frozen t 1 fro-zen at the time and it appeared as I i I 1 though the grave had not been dug I I I I N quite long enough and that he the man h f l l who committed the crime had taken a JjiQ 1 shovel and scooped out the west end I and shoved the head in under pretty nearly down to the shoulders so that 1 there was a sort of hood or frozen li t i cover Rock testifies i1I ri I lurtner say mat i am positive that l Royal B Young the special officer did I describe to us the conduct of himself = 1 and the defendant the i on morning of i d December IGth when the body was r discovered Rock also states that Oft Of-t f I 4 flcer Young explained how he and ri Mortensen opened up the grave and removed the frozen clods and how they f found the overcoat thrown over Hays E l facer face-r t t 1 1 NOTHING NEW IN CLAIM I I It Is claimed that the points set forth 1 K n In the affidavit differ very little from 11 those In the previous motion for a new rr trial One of the facts which is pointed 1 out as being unfavorable to the grant I t li lug of the motion Is that the Supreme court of this Stale has already decided L de-cided that a juror caunot be impeached 1 I II I on the affidavit of his own verdict Itt It-t 1 Is however by Impeaching Rock that i Mortenpens attorneys hope to create s i t i 1I the loophole of escape |