Show PETER AGAIN IN DISTRICT COURT TO MAKE MAIE FIGHT FOR HIS LIFE Argument of Motion for New Trial Develops I Technical Point Which Means Much f to Condemned Mart Man Lw 4 i r F CHRONOLOGY OF THE CASE 1 f MONDAY DEC iC 1001 James 1901 James R. R Ha Hay calls at the thc home or of Peter Peterr r ff to receive recel due the Pacific Lumber company f 4 TUESDAY D DEC DIC C. C 17 Hay Ii-Hay Hay Is missing and aids In jn search f ff f for tor him 1 1 H- H TUESDAY DEC 17 James 17 James Sharp law in of ot Hay charges f ff f with the murder of oC Hay and declares he received a revelation f ff f tion of Morten ens en's guilt Jf WEDNESDAY ESDA Y DEC 18 Body iS-Body Body of ot Hay Is found In fri a no shallow grave f ff near house f ff f WEDNESDAY DEC IS IS s s' s arrested on a 0 char charge e of or murdering mur- mur If dering Hay HW I Jf 4 TUESDAY JAN JAX 21 1002 1002 preliminary hearing on oi charge chare f if of ot mur murdering James R. R Hay begun r ff WEDNESDAY Y TA TAN JAN 2 22 Janis 22 Jamss Sharp tt that God revealed f i If guilt to him on Tuesday Dee Dec 17 li Jf SATURDAY JAN TAN 25 23 held for trial for murder in the f ff f District court f 4 ff f MONDAY Y MAY itA Y C Trl G Trial of ot in District Di court begun f WEDNESDAY Y MAY S Last juror sworn to tr try Jurors f ff f drawn drown to be summoned 1105 Jurors examined i S cost of or securing jury f ff f 4 1300 j 1500 if THURSDAY Y JUNE JUNK 5 5 James James Sharp testifies to Gods God's revelation of ot off f ff guilt and declares he saw trail of blood leading to Hays Hay's f ff grave f SATURDAY Y JUNE M Case H Case submitted to jury jur and and I verdict guilty f 4 of oC murder in first degree er e returned d after taking one ballot F f FRIDAY JULY C G 5 appears in court for sentence motion f f for new trial Is l made ade and Jul July 11 set for fot hearing same f ff F it f THURSDAY Y JULY 11 11 On On motion of transcript of oC trial f ff f Is h ordered and hearing and sentence postponed to August f I. I r TT 1 i i i 1 i 1 11 1 i 4 4 At the opening of the afternoon session Attorney Stewart said he had no affidavits to offer in support of his offer to prove certain things by Royal Roal B. B Young Judge Morse overruled Stewarts Stewart's motion and denied denied de de- nied the order to bring Young Young- into court Attorney Stewart then moved that the statements be embodied in his own affidavit Judge Morse said he would con consider sider the statements but would not allow them to be made part of Stew Stewards Stewarts s affidavit The second battle for Cor the life of oC Peter b now convicted con of ot murdering Jam James g R. R Hay began bean before lefore Ju Judge c Morse this morning morning when Bernard Bernard- dJ Stewart arose to argue the motion for fora forn a n new trial for the thc man condemned by bya a 3 jury on June counsel went straight to what nhat is regarded as the one point that affords s tJ the e prisoner a shadow of hope for br a the rehearing the visit isIt of oC the jury to the place where Hay was burled buried and the the defendant defendant defend defend- home of ot without ant being pre present ent Tl The Defenses Defense's s 's Contention It is true that when the jury jur was sent to Forest Dale Judge Morse offered to send the tho defendant 31 also o and renewed I the offer when court convened after the Jury had returned Each time Morten- Morten sen through his attorneys said that he I did not wish to go It Ills Is now the contention of pC that the visit was nas a part Tart of oC the trial that the right to be 10 present could not be waived and that the tho court should have compelled the defendant to go with the Jury to the cene scene where the murder is 15 alleged to ha have vc been com corn J. J Decisions Are Conflicting Attorneys say that the decisions of oC the courts are conflicting upon this point but the general opinion 01 is that the motion will be overruled and that the case will go SO to the Supreme court upon this point Arguments on the motion for tor a n new trial will probably be he concluded d tomorrow tomorrow tomorrowS tomor tomor- row rowS but it is believed that Judge Morse Moise IOl e will not announce his decision for foe several several several sev sev- eral da das s. s Attorney Stewart opened the fight 1 ht this morning by raising a 0 novel point He seeks to lo have tho the court compel Royal Roy Roy- al B. B Young the o officer who had charge chane of the jury when the visit to Forest ForestDale ForestDale ForestDale Dale was made to tc testify or make af affidavit affidavit af- af as to the actions of oC th the tue Jury while in his charge The States State's Contention The contention of oC the State Is iR that testimony Is not admissible and that if IC Mr Young refuses to mal make e an he be compelled to do DO o. o The prisoner entered the courtroom d bel between wn a Jail official and an alleged robber and did not look up until the chains chalu were removed from hi his wrists Then with a forced smile he greeted his father Cather and his brothers Hem Henry and Jesse Studies ma Notebook As Aa soon Eoon as he was seated l drew from his vest cst pocket the little morocco morocco morocco mo mo- rocco covered notebook that he used constantly during his trial and aud b began ban gan a 0 study of or Its pages His Ills left hand nervously nervously ner ncr fingered cred his hat and now and then he glanced with shifting c eyes s around the courtroom but hut had no look of DC recognition for his acquaintances Aged Father white haired father Cather who sat fat by his side chIc looked an object of oC pit pity He lie appears ill 11 in body distressed in mind and fur tur more than f 4 ANOTHER PETER PTER f ARRESTED f ff f. f It has been discovered that there thero f f is moro more than one Peter f 1 In Salt Lake Lako count county A farmer armer f who sIems his name J. J Peter Mor- Mor f ten tenson on was arrested to today ay on a af f f complaint brought b by f Robert l r. r It Is all alleged d f that teok which f did not belong to him from the up- up f 4 per r canal of ot the lug Big Cottonwood f f ditch to use tise for or Irrigating pur- pur f ff f Poses Mr 11 says he Is 4 f not a t kinsman of ot the con condemned f murderer 4 4 A. A A L A T y- y y yr r v r 1 1 shows the effect of the thc terrible suspense while his sons son's fate is being decided Attorney C. C B. B Stewart is out of town and Bernard J. J the Junior member of the firm win will mal make o the fight light for his clients client's life unaided The courtroom was not more than half naif HUed with spectators but there I were vere many who appeared anxious to get Set a glimpse of oC l The Argument Begins May Ia It please the court Mr Stewart Stewart Stewart Stew Stew- art said sahL In the cone of the State of Utah against ag Peter the motion motion motion mo mo- tion for a new nou trial which has been mell according to law is as follows Mr Ir Stewart then read the motion setting out In legal language e that the defendant was entitled to a new trial for the reason rc-afon that part of the trial was wa had hall not in the presence of the de- de and that the court committed an error enol in permitting the jur jury to go o tl to the thc scene of the alleged murder of James Jamea R R. Hay Bay and ancl there make certain measurements of oC th the tho premises when the defendant was not present The Theother Theother Theother other grounds of error enor alleged were purel purely statutory and technical I Attorneys Attorney's Affidavit Accompanying ln the motion was wag an af at- h by B. B 1 J. J Stewart setting out that the time in charge charse of oC the jury when time the scene cene of oC the alleged murder was visited refused to state what was done at that time The State hail had placed on tHe file affidavits affidavits its of the tho Jurors In the ca case cae e setting setting- out that no measurements were ma made mado o oat at the tIme time o of the visit and no conversation conver comer con concerning the case ease was had between between between be be- tween the Jurors An of ot Henry was re read d stating that he saw Jurors Rock LeRo LeRoy and Barlow Bulow measure certain distances on the grounds around Peter house day they visIted visited visited vis vis- tho the premises Wants Young Young- to Testify Mr Stewart continued I 1 a ask k the court that I may pl place ce Royal B. B Young the sworn officer who was in charge of oC this Jury jury w hen tl the visit to the premises was made on the stand to testify to all that he saw sass take place at that time Opposing the motion mollon District I t Attorney ney contended that T uch ci ch form orm 0 of procedure I was t not d by the Continued on pace G. G Peter Continued from rom Page 1 statute tute that the motion for tor new trial was vas based only The request of or the defense wa wag wae overruled and nd an un cx noted Attorney Stewart Stewart Stew- Stew art rt then renewed his motion and asked that hat Young be placed the stand to prove proe certain of the statements sl made maden In n the affidavits relating to the conduct conductor or of f jur Jury Refers to Public Sentiment Arguing the motion Mr Ir Stewart said This case is one in which public sen sen- has been strong and If It the ofil- ofil c ers cers rs refuse to make amda affidavits and we wo cannot annot bring bring- them Into court to testify to o the conduct of ot th the jury how a are e m my clients client's rights to be protect protected d Suppose that hat the officers and the jurymen ar argued argued argued ar- ar gued this case together In violation of ot your Honors Honor's order and the they refuse to tomake male make affidavits to what was done how howshall howshall howshall shall we know unless we can place them hem on the stand as Involuntary witnesses witnesses witnesses' wit wit- nes nesses nesses nesses' es Again in Denied Judge Morse overruled the motion holding that the pro procedure must be by affidavit It Another exception was noted I and Mr Stewart renewed the request In n another form asking for an order that Deputy Deput Sheriff Young YounS Raleigh Bub Busby and Naylor be be brought Into court to testify Failing Falling In this Morten ens counsel requested that Young b be brought Into court ot testify to prove a as Mr- Mr St Stewart Stewart Stew Stew- art said ald that while the jur Jury Wl va was visiting visit visit- InS InS' Forest Dale Juror Barlow stepped off oft the distance between certain points on premises and discussed the he measurements with other Jurors that when the going into to r Peter tei house louse on one of ot th the ors jur asked Mrs Irl Henr Henry who vas present the way wy to to the h cellar that w when en they went Into nto the cellar one Juror ask asked tj Young If It the cellar was In th the same same as on on December D and nd when hen they Choy were er in fn the kitchen asked him If It this was as the room In Jn which Peter Mor ten ten- p sen n m met t James R. R Hay lIay on December that c certain of at the he juro jurors measured measured meas meas- dl distances west from rpm the tho railroad track rack and that Juror Mr Ir Young YounS wh where re the blood was Defense at Last Las Lands I I ask for an order that Mr Young Le be e brought into court to testify to tu these facts said Attorney Stewart The State resists the motion on the ground that the motion Is th not based upon anI affidavits davits said Mr tIr Eichnor I The statute IM is clear upon that point The court Is not advised as to what information Mr r. r Youn Young has as to the statements made said Eald Judge Jud Morse An adjournment will be bt taken until 2 o'clock during during- which time counsel for forthe forthe or orth th the defense ma may ascertain what Information Information mation Mr Young ha has and 1 If he will viii make affidavit thereto Report to the co court rt at 2 o'clock and w we will wm then proceed They Fall Fail to Agree A Attorney Stewart declares that the court has hal the power to compel Mr Young to make mak an affidavit setting out what transpired while the jur Jury was In his charge charle District Attorney Eichnor says ys No o power on earth can compel Mr Young to make such an affidavit If It he refuses to do so After Arter adjournment Judge Morse said The Tho recess was ordered simply to give jve the defense opportunity to ascertain ascertain ascer ascer- tam tain if It Mr rr Young Is willing to make the affidavit Attorney Stewart says that he will probably finish his argument toda today and Mr Eichnor believes about two hours will viIi b be sufficient time Urrie for the State in m rebuttal Stewarts Stewart's Opening Plea PIca In his opening argument in support of or his motion for COl a a. new v trial for Cor- Mor- Mor Attorney Stewart read rend fr front from m records the proceedings of ot the Jury while viewing the place of the homicide at Forest Dale Dal and outlined his rounds grounds as follows We hold that as the jur Jury was taken to the alleged place of ot homicide without without with with- out the o of the defendant it wa wan In violation of pr lila his rights under the Constitution e United States and the statutes of or the State of pt Utah Under Under tinder Un Un- der these theto laws he has th the rl ht to be confronted b by the witnesses and to hear all the testimony riven Iven We consider that viewing the premises cs was a a. part aart of or the testimony I It Is tru true that when your our Honor nl asked ed the defendant if It he wanted to go co he said he did dd not want to go and that that c waived this right We e hol hold however that It Is Isa Isa Isa a right which cannot be waived Your Honor should have compelled him to go goto goto goto to the scene Another ground gound that we c hold for a anew anew n n new w trial Is that the court erred In al allowing allowing nI- nI lowing District Attorney Eichnor to state what John l P P. P Sharp Shar would testify and let tire thu ti same game be made part o of the record It I Is true that counsel admitted that Sharp d would give such testimony but we hold that the right to tho the defendant could not be waived d' d Attorney St Stewart wurt then proceeded dec to read rend from a long IonS list of or aut authorities in support of ot his cont contention |