Show i1OFITENSEN1tLD I I Decision of Justice Nielsen Changes His Situation HAS NO MORE PRIVILEGES Placed in the Rotary With a Common Soldier and Will Not Be Permitted to See Friends Except on Wednesday Wednes-day Afternoons Officers 3ear nu Attempt at Suicide and Precautions Have Been Taken Latest Scheme to Gain a Confession Infoiuntiou Offered for a Price Pate Morlonscn Is no longer one of the favored prisoners at the Salt Lake I county Jail Since Ills removal from the city hal to the Institution presided over by Sheriff Nuylor he has been treated rather as a voluntary guest than as a prisoner charged with the gravest crime known l to the law 1 This considerate treatment was not batted on the belief of the Sheriff or Iho I Jailers Jail-ers In the innocence of the accused If I there was any doubt upon that I subject In their minds It wns disposed of whci MY Nnyloi visited I Provo became 1 acquainted ac-quainted with the statements by Mor tensens wife and wired to the County Coun-ty Attorney that he I was positively convinced con-vinced of the guilt of the prisoner But Mr Naylor und hiM subordinates real ised I that no person Is jnesumably guilty until so pronounced by a coin retent tribunal hence they felt bound to extend such treatment t to Morlensen as they would accord to S an Innocent manAN ORDINARY INMATE NOW The decision of Justice leli n yesterday yes-terday morning that there was probable proba-ble caure to bplee the fondant guilty guil-ty of the crime laid at his door made an immediate chang In his status at the Jail No longer was a probably innocent No nocent man accused of a grave offense but a probably guilty mnn awaiting trial consequently the distliu tons that have been made In his favor ceased immediately im-mediately and the prison rules became operative in his case as In the case of every other prisoner In the Jail Hereafter the friends of Peter Mor tensen can see him only upon Wednesday Wednes-day afternoons the day set apart for visitors and they will find him In company com-pany with an imprisoned soldier in the rotary on the ground floor of the jail An exception will he made in the case of Mortensen attorneys but even his relatives will except on extraordinary I occasions b i debarred from daly visIts vis-Its to the prisoner The change In place of confinement was effected Immediately after his return re-turn from the courtroom where he had been bound over to the District court pto stand for trial for his life Irepara lions had boon made 0 the transfer and when the Sheriff accompanied by Morlensen arrived at the jail the hatter hat-ter was escorted to the cell that has been his home Cot one month The door was locked and much to the piisonera surprise It WLS not opened to afford him admission Tho Jailer stepped Inside In-side but when Mortansen started to follow him the official said This will not ho your cell any longer long-er Peter you arC going to stay In the rolarv INTO THE ROTARY Moitenseti looked anything but pleased by the announcement lie hesitated hes-itated a moment and then uttered something In a low voice tha the attendant at-tendant was unable to catch As he stood outside the door his belongings were removed from the cell and some of them were placed In his hands Laden down with books and a grip he went down the narrow Iron stella preceded by the jailer carrying the remainder re-mainder of his paraphernalia Including Includ-ing the box of pies and pastry brought by his devoted Kisterlnlaw Lizzie Mprtenscn and another grip filled with clothing fhe next pause was at the entrance to the rotary Here the prisoner pris-oner spr niPrt painfully affected His head hung upon his breast and he looked as disconsolate i as a human being be-ing could The rotary rcvoUed until cell No 0 ras flush with the door James A Rellly the noldler held for complicity In the robbery of J H Schluter In October was nil early In the cell A moment later Peter Morlcnsen became his cellmate UNCONGENIAL COMPANION The contact was more distasteful apparently to the alleged murderer than to the alleged holdup Rellly is a quIet selfcontained man when so ber and If he felt any repugnance to associating with a man who may have taken a human life he did not show it by his demeanor Peter Mortenbcn Is by nature an aristocrat and the presence pres-ence of a petty offender In his abidIng abid-ing place was a blow to his pride but he said nothing and his feelings were told only by the manner in which he shrank from his companion The only article among his personal possessions which he will have occasion occa-sion to miss In the next few days Is a desk purchased at his request and at his expense while he was figuring on his books In the old cell There was not room for the druk In the rotary and It wus placed Jn another part of the Jail at the time of the transfer MAY PUT DETECTIVE IN If the officers carry out a timeworn but frequently successful stratagem James Rellly will not long he p companion com-panion of Mortensen The stratagem referred to Is the Introduction of a detective de-tective Into his cell The latter will pretend that he Is In for some heinous crime and will by his own confidences I seek to arouse similar confidence on the part of the prisoner If this mode of procedure has not already been do tcrmlned upon It Is at least under consideration con-sideration and has commended Itself to tho authorities HIS FIRST VISITORS Peters first visitors after his change of abode were his father and brother Henry This devoted pair were not with him when ho heard his Immediate fato from Justice Nielsen at It oclook In the Constitution building They meant to be at his Hide during his tryIng try-Ing ordeal but they could not anticipate antici-pate the freaks of nature und the weather bureau nnd the now which fell on Friday night so demoralized the electric lino that they were unablo to leave Forest Dale In time When they learned that the cara were not running they started to walk but this wan such a sloW method of locomotion that they gave up their hope of reaching town by 11 oJclock and patiently waited until traffic was resumed on the carline car-line On reaching town and learning the decision of the Justice they repaired at once to the Jail and were unhered Into tho presence of the man for whom they have sacrificed so much and are willing I ing to sacrifice all they have The Interview I In-terview was conducted through the heavy bars that surround the rotary It was exceedingly brief the matter that must have lain heaviest on the minds of the trio being scarcely mentioned men-tioned Henry Mortensen will return on Monday to his work at Gold Mountain Moun-tain He Is a poor man and even for tho comfort of his brother cannpt af S ford to lose the 1CO per month he can earn at his trade In tho mining camp The same Is true of time senior Morton en who l III a cnnlrartoi at Oakland Oil I not ery plentifully supplied with this worlds goods and financially unable un-able to lose the months that must elapse between now and the trial from his business lie will remain for the present but must go home within the next to 01 three weeks GUARDING AGAINST SUICIDE The authorities have no fear of the escape of the prisoner In the ordinary way but understanding the morbid phase which cuitsiM the object of mIsfortune mis-fortune to turn Instinctively to suicide as the remedy for most temporal Ills they have deprived Mortensen of all means of taking his own life The cell wan thoiotighb oai hid before he was put Into II and an especial atch will re I kept to prevent him from selfde stinotion The one thing that Is most difficult to guard against and Is apprehended appre-hended the most Is poison On numerous numer-ous occasions the trusties not those now f n the Jail hut some of their pre jJeeesfinrs lunt smuggled In morphine and cotoalne I to the prisoners and In at least one Instance the poison thus obtained has been used for the pur robe of shuffling off the mortal coil flosi1 watch will be kept to circumvent Mortenyen If he should seek this short route out of the world NIELSENS OPINION Tho opinion senders 1 by Justice C M Nielsen III binding the prisoner I over to lhf I Distilu tourt was quite a lengthy document I fl was wrllUn out and It Is I II noteworthy fact that the Jusllru cited some of the evidence not brought oui at the hearing to Justify himself lu hip COUISP The opinion fol lows The defendant liiHn Is charged by tho complaint with tha crime of minder hi tho first oCrrl Omitting the format pasts of said complaint It iillcgcs In sub slam that the defendant on the 16th das of December IDOL In Stilt Luke county coun-ty Sliito of I tab alfl unhiv full > all tullv dcllboratU pPMnodltatclly und with mull f aforethought t kill and murder mur-der ono James R lay I ThlH crime Is tIle most heinous known to tho law and I feel Lime iltpp responsibility responsi-bility placed upon me III tarolug upon the questions which arC projiiTli bttoic nc sis a trmnniit tug mngli I 1 It The result re-sult of whit h 1 l < rllhcr in llbdiargo tIme dofVnuiut nr to Ifnuu I an order holding him to m Hi8iM lo tin cliiLiK before I hmo Jljot ill court and commit him to the cumodx of thi Sheriff of Suit Lake COUll CyT mid llius < lt > pi ixc him l IIf his UlnrU Tilt b thus nu IInI ItSlllt duty which 1 am fjillcil upon 10 perform but my oith of office anti the law icnuliv 1 that t I I discharge dis-charge time aarni acconllny to my bet < ludgmcnt and without iVnr or lavo Tho SI Ii 111 Its of this Stutr which guide in In 1 this mutter an section IbTo and ItJTi of tlio Laws ni lvps 1 Tin lirs section cltcd piolflis ainonK othrr tImings thai Il uffr hPHrhiK thr IMOOIS Jt I appears that Cither no publlu offeiujn Ims been committed com-mitted oi thai there Is I not sufficient oaiiso to bcllev the defendant guilty of a publli oiTcnsp tb mustairulo must or di i the drtViulunt to I he < llficbtr < < l The other sod Ion died piovlo that If I howovT It iippvar from time isimlnu unit that a public offonsphiiH boon rom mllletl and that thoie la I stiffli lent cause to boilers the dpfondant guilty thereof I the magistrate must Indorse upon the complaint in ord r I In substance that he I be hold to answer to the SHmo FIRST QUESTION EASY Two propositions mute thus to ho determined deter-mined bv I this court First wits tIme crime of murder III the llrst degree committed com-mitted upon Jarnes R Hay us alleged Second Is I theivintifVleliMil en use to belIeve tho defendant guilty ilurcol Tho llrat I question Is rmi m solution Tho vi deucp shows eojRluslvply that James R Hay WItS at the time I and place alleged In the complaint murdered In cold blood mid that the crime WIIB committed hy Poniti liumnn being by the use of a deadly woupon and without the slightest legal Justifies lion Thv clrcumsiuntes sur roundIng lute crime ahow It to ho the most dark and deeplaid over recorded In the criminal annals of this State As to the second question there Is more difficulty diffi-culty cullThe evidence must bo looUed Into In the first place there must luuo been some motive for thl < crime MONE1 THE MOTIVE What was Iho motlvo It I must have been money 01 financial SHin because thero could Imve been on other motive Who em rlalnocl such a motive Either a stranffoi to thIS transaction or the defendant de-fendant Tho fact that Uio defendant proposed In the llrst Instance at the offIce that Mr Hay come that evening and got tInt money duo irom thu defendant defend-ant to till compnn and thut he bring with him th I receipt and note Is a strong circumstance pointing to a motive within the defendant Mr Hay prepared the receipt and attiichod the note In tho presence of the defendant but left the office with MoilensiMi under positive Instructions In-structions from Mr Romiiey not to collect col-lect I the money that night It has been shown thai Mr1 1 liny had always rem dcifd lnrpll < lt obedience to Instructions from his superior officers amid especially hud thlu been true as to those of Mr Ronmey Vhal then took i lar < Hiibsoquont to that time that cutistd Mr Hay to depart from his accustomed conduct and violate the confidence reposed J In him The de fondant rode In company with Hay to their homos In FonHt Dale Vrho could I have boon Interested In having Hay cull tor the money that nljcht except Lime do fendant unless forsooth some designing robber but hts intercat ho would not dare to roveal llonce the Just autl onl > Infereuco Is that the defendant was the only person interested III having Hay call for the I money that night ThtiO mum have boon sLroiiK protsuro or Inducements brought to bear upon Mr lay I that evening even-ing to get him to disobey his orders IRRESISTIBLE 1NFFRENCK Tim Inference Is Irresistible that the defendant Is responsible for Mr HH > S lolutlup lie liialriHilon given by Mr Romncy md csjjcclulh Is this true when we consider I the testimony of Mrs Hay who testified thu t her hiiiiband said that he was going U > the tlcfentln lit to get tile mon that ulght because the defendant de-fendant had to leuvo I lie city tho next morning on an early train Without going mto the chlenco In do tall let us next Inquire what motIve prompted tho defendant tow Indian Hay7 Jt nuiHt havo beemm either to irtiv the monc to him or to protend to pay 1U The night time Is I II very unusual hour for tho payment of so large a sum of money Yet If till defendant was hi lending to loae tIme city on nn early train the next morning It would possibly afford Home little reason for making pity mcnt that night But the verv reason urged for payment that night falls to tho ground because the dofondsmt did not leave the city the next morning ut nil The Just and only Inference Is then that payment could have been made the next morning In accordance with the Instructions Instruc-tions of Mr Romnoy A fulso Inducement Induce-ment thus held out to Hay led him that night to the homo of the defendant Vas there then a pa > meut or pretended payment pay-ment made The collar whoro tho defendant de-fendant claimed his money was placed was onon to the arches of anyone who might see fit to outer through Its open windows the dust Upon the viI hero ho claimed the mooney was stored remained re-mained undisturbed These two facts throw I great discredit upon defendants btatomcut that he had the momsy thero NO PAYMENT MADE Tho note and tho receipt wore found I In the posscsolon of tho defendant at his homo but the note the very evidence of tim debt remained Uncaneeled 1C the payment were mild It would he an un ilkolV thing for Hay to lake the atOmiC to Romuey that ulplit In the fucc of tho Instructions given him or If he so Intended Intend-ed It IB piobablo that ho would lmv thus informed his wife either before going tosco to-sco the defendant or Immcdlutoly tutOr I therefore conclude that from also Inducements In-ducements hold out to Hay from tho Insecurity In-security of the place whoro tho money ns mated to be from tho undisturbed condition was In tbq cellar and from other suspicious clrcumniunccM that uo pay mont was over made From the conclu Hlou It follows that thoro was onlya pretended pre-tended payment NO OUIMNAKY ROBJ3ER lay did not wander to the railway track whcro the blood was found upon the mil He was either lakon there by force or by Inducement rite tracks lead lilT from that point to tho Kruvi1 show that only one person performed the act of dragging tho body part of the way to the pravo and burying If Mr Huy could have been taken to tho scene of the killing by one person by means of force such a person could havo robbed him without killing him ThlH Is but a natural conclusion Hut the Inference I draW from the evidence upon this point convinces mo that Hay was Induced togo to-go to the phico of killing and the only one who could have thinS Induced him Is the defendant The fact thai Hay was hurled dlspolfl the Ida l < that this murder was the act of nn ordinary robber 1 1 am not Inclined to go Into the evidence further fur-ther Silting us a Committing magistrate I muat find hat I from UIP evidence adduced ad-duced that there Is sufficient cause to belIeve th defendant RUlHy The evidence herein briefly referred to and tho just Inferences that can be drawn I therefrom load mo to the I Irresistible OOn miplon that there IH sufficient caiiBP tC wollpvo the t dofendaut guilty of the crime of murdcr as It Is char cd In the complaint com-plaint j therefore Order that lie do iptuiant Peter Mortonncii be hold and cornmltled to the custody of tho Sheriff or Salt Luke county without ball lRIATJ IN MAY Indication are that the fate of M or tcnsjcn will be determined by a Jury of his pccra some lime during the May term of court rho attorneys for the Stato will make an effort to have the case called In the first week of May unless something unforeseen should occur which will make it desirable to postpone the trial EXPECTED DISCHARGE Morlenacn may recover his accustomed accus-tomed spirits ithln a few days but there can be no doubt that he Is now very much depressed by the decision of the committing magistrate He as well as his attorneys were firmly convinced con-vinced that ho would be after af-ter the hearing and the result was us I astonishing as it was disappointing to them The rigors of his confinement will TJC ameliorated by a diet superior to the ordinary prison fare He has ordered special 1 meals W hlch will be piopared In the Jail kitchen and served at his expense In addition he will doubtless be provided with many dainties by his devoted sluterInlaw Mrs Henry Mortenson The latter while sh has promised lo tell Just what occurred at Peters home on tho night of the murder has twice visited the defendants wife at Provo with molting stories calculated to reconcile the wife to the prisoner ANOTHER WARRANT READY The holding of Morlonscn by Judge Nielsen has relieved the authorities of at least one source of apprehension One of the officials at least had good reason to believe that a concerted movement was on foot to lynch the prisoner In case he left the courtroom a free man To prevent such a denouement de-nouement as well as to circumvent any desperate designs Mortcnscn might entertain preparations had been perfected to immediately rcarrest him if he were discharged The Sheriff had a wan ant and the County Attorney Attor-ney a complaint filed In the District court which documents would have qnabled them to take the prisoner back Into custoly the moment he was lurned loose by the magistrate S |