| Show MUST DIE Ulf ON fRIDAY I Board Ol of Pardons Holds Out No Hope for Conde Condemned Man After hearing Petition Am AllY STEWART ABLE PLEA I I II I Counsel for Condemned Man Put Up II a strenuous Fight But Wu Wa Unavailing ng MYSTERIOUS LETTER WAS READ Communication of n S Sensa Sensational Nature Front Fron Georgia Pro This Morning I H I IH H t BULLETIN 1 I t 2145 By ote t the 1 board of pardons declined to Peter Ben sen BenI tonce tene of death to life Ifo f I ment which meon tho 1 oner must mud pay the tho penalty of hi hij j crime on Friday next between 10 within the th waITe 1 a m and 2 p m of the tho Utah tate state prison t I o IH Ht tl HI The Tho of oC met morn mornIng Ing In special session to consider Mar fate to the law take tako Its lt courso on or the death Ileath sentence bo be to that of at liCe Tills Ing 3 sos eston lon Willi not t flu lis en tures ture from toni the tho at Atty AtlY C n 13 who has hll made such It long anI light on of his client The Tho feature ot tha aIon ot an which bore horo J 4 postmark anti that the tho writer stood near when rhen anti hay bid goodbye goodbe on the tho night ot of 16 1901 the In ferenc being that the tho writer was the theman man Who committed tM thO murder murdel Varl ous ou members or at tim tho hoard board also from Crom time to Iut question to tho th young attorney vero hard nuts to crack Among those who were werl present nt at atthe the tho heRring hearing were the thu brother of oC the condemned mUll fist Atty and Acting Warden WrIght BOARD Mm TS t 1045 Wells WellA called the board to order nod Clerk 1 read the call for the specIal meeting the tho application of at tM for coni COlli mutation and th various lions connected wit h the case The letter laller from vr who presided Rt at the tho trial ot of was the tho one before buforo oord In connection with the for tor commutation of sentence of the condemned man mant t 1 I bj leave to bitt the In this case COSI while circum circumstantial was wall stich as to tully fully Justify the jury In linding beyond U a doubt that the defendant sus guilty of the tho crIme an charged and I feel that defendant had U a fair and Impartial trial b by n a jury of men who aro entirely freo rca front from any prejudice or bias and ami his Vas 1118 mot most ably conducted by his counsel I do not believe however that the pen Penalty alty ought ever eVel to be billeted upon 1 n veron whose conviction rests solely upon circumstantial and nil as the evidence In this cane entirely circumstantial I therefore recommend that the for commutation be granted ut ANONYMOUS The Tho followIng anonymous letter re by Judge Mor o wits submitted hy by him In III his letter to the board anti was waB renti b by the tho cleric after Judge Morses letter Judge Charles CharIeR W VI Morse My Iy Dear ar SirI vant to Inform you Oll that the tho day clay you ou hlo Peter Ieter Mor shot for tor the tho murder of hay that clay Ilay you will on cent man lie Is in Is as Innocent as you oU nrc Peter would hava been belli In tim tho same lix ns as flay If It hall had been known knowli he had that much money A Aik I Peter Leter It ho he remembers anyone that by when he told como come comoto cometo to hia and get the tho money Wo We Weare are out of the tho way oY anti It as asIt It nn an Innocent man has got to be mm tor or the crime Yours truly In Cia On I The envelope containing the tho above letter was Hurst In Ga Oct 24 1 p rn III I 03 The Tho I writing In III the tho letter appeared to be 1113 that of a man amid was wall n a rather poor loor specimen of It was writ written written ten with a leati pencil and the tho ion and spelling were rather poor pOOl AND DOW DOWIn In addition to o the above letters there thera was one from District Elch Eich Eichnor nor In Which ho stated that lie he had no Information which would warrant him him In the ot of the lien Sentence tence of Morten ell Ther Was also one OM from Warden Dow which stated that thai conduct throughout his hll entire incarceration has been exemplary Attorney C n II Stewart opened the arguments In behalf ot of the tho ot of lie said In part len Oln tiemen lIemen ot of the tho board you no dou doubt t are familiar with the tho facts In this ease calc but butI I delre to 10 call your OUI attention to a few or of them It appears that Ieter Morton Morten Ron sen ami James It n fl with one onn and were lt he t l and never was there thero Is re between them Up to 10 the tho I arre arrest t ho he had noV nev of an ottense n e nOlt hud had roe rne 1 a good charn ter In the they theu y ou u ul all know tha t a when n a 1 man Is of n a amid pub lice Ice prejudice Is so strong him himas all as It was In this ca case e he cannot bear himself up I such uch dices lie may make statements are nto not WhollY true when pressed ed Ly by officials tie liS ho was who were anxious to 10 fils fasten ten this crime upon someone In Inthis this eMU case time tho evidence was wholly dr clr It is 18 sall that circum stances never lie yet It toS tes all us to those circumstances may lie and mIsrepresent sent the tho facts acts TOLD TilE STORY The Tho att then the fads In connection with the case an shown In iii the evidence lie Ho told how Marten Morten pen went sont to the tho of th the Pacific ladOo and arranged for tor the thc payment ot of the tho note noto and how lie he and hay left the tho anti Went ent to their homes on time the same car Continuing Mr Mi said About S 8 that night Mr hay Uny went to the tho homo home ot of amid what occurred there no nobody body hody knows Imos excepting what Willi uns gaUi nth oreti ered from admissions lons made hy by the do de himself to the tho VaS It not within the tho of the tho Justice to tomake make clear what occurred at the tho houpe that night nail juts hlll are arc the tho living witnesses to what oc occurred occurred Iet me ask you another question said Chief JUstice Bartch It In Inthe time the power of the tho ro 0 show lio that defendant had collected the tho money with which to pay the note noto l claims l Mr Stewart that his books were not In good condition Jill jia could not ha that without bringing In a whIlo lot ot of witnesses ot of them limn vera wern not In the state we thought that the tho state had not Its cane CitRO w lid not think It to bring In nil of those thORO witnesses Mr Stewart then continued with n a of the tho acts In relatIon to the tho charge made hy by James that his son the nt at torney cn the part of an 1111 honest man when h lie re IP refused fused to deny the tho accusation of If Mr Ir An n homiest hOliest mail ho sold would have havo paid no attention to the tho charge charte made under such Kuch If after the body hody had been found and air unit had again accused l son lien ot of the tho crIme hoti said you lie I nm am Innocent of at the tho crime they would have choked him Oil nil those know knew Mr Ir reel at that time thue Again was Martin cn sells conduct In telephoning to the tho and notifyIng theta ot of tIme the find Ing lii of flays body hody that of a 0 guilty man I contenul that It was not QUERY At this point Justice the attorney to 10 explain MOl that the shovel lie he gave Tor to Use III digging up hays body wan the only shovel 1 ho h luau when no cording to the testimony there thero wn wa 1 a shovel found In III Sens Jons born barn which ed with the ot of the tho lI used ed edIn lIi In digging the tho graVe grae I Mr Stewart said that Henry Mpr Mor the brother of defendant could that If the board would him to do so Mr ns given clen the thu floor loor and said Mi h Coult had hod the long handled shovel and had using It In mixing mortar lie Ha It oft and It to the barn that Is how howIt It came there theme Mr Coult Is In the city now nih will vili tell you OU the tue same thing When It if the attorneys know ot of nt at the tho tune of the tho trial Mr Mi mid that this Is the tho first time lie he hod over eer heard heon ot of It II I TIlE IIA hAY Y CASE Ally Atty Stewart then read the history of the lIa hams s murder ease case and showed wherein the tho In that case caso wen much stronger r than In this and yet ct he Ii Mid hays Hns was pardoned b by the tho board and practically exonerated of th tho crime In Iii that cape continued Mr air stew the record that ot of the tho testimony for or tIm tho defense e was false night flight lucre I to say ay to the credit of Peter that he nor hits hili brother nor un any of his friends have ever suggested or even that tile defense Introduce testimony other than that was Willi absolutely true truee e hove linen of at delay In Inthis Inthis this case Go out to the state Prison and you will find Ond Oe five Peter was wn tim the lost to ho be sentenced will bo be the tho lint first to bo be executed the jUdg font fent of the tho court COUlt ho bo carried out next I 1 ask you gentlemen of oC the Iha board tl to rear read tile tho opinion of the suo so preme court on 01 the tho and 01 on the second appeal the tho dissenting opinion of anti con consider sider It carefully then determine whether or not Peter has had 1 a fair trial In speaking of prejudice In this ease Mr Stewart said ahl that there thero iad been beel Interview lifter after Interview In the tho morning Purported to ho bo hind Imd with the defendant which vero abo also to lila hili knowledge On Onono ono one occasion lie hl soul ahl n a reporter called n ny V the state tato to sro see amid the tue latter refused to see Heo him at all nih that ho he Mold the reporter unit hall n a whole column Interview In the ho Doper with nil alt ot of which was as oh absolutely false lie more Iy related those matters hue ho said to show how great publIc 19 i In Inthis this case caseIn In r I wish to Bay SIY that It ie Is III grunted commutation ho many have halo nn an opportunity III a year or two to es establish Innocence and clear his name of this crIme ont ant prevent his hlA children who nrc now to speak hIs from being lIS as the children of 1 fl murderer NONE WOULD Mr n II J stated that It Was the Intention ot of tIm tho defense to file filo a petition for n a rehearing ot of tue tho second and that It would he be flied today tOllay or Monday lit He said sahl that n ii corn coin mutatIon were granted lie hI would not have time to such lie said hI that he hint circulated a for tor tue ho commutation ot of the sentence of and that ho could rould get no signors signers Its Ite also told the hearth of his huis efforts tl tO Induce Mr Young to make III as to th this alleged misconduct of I the jury All that hJ now was wall to hao Mr Ir testify In regard to that YOUNG CALLED FOn Chief Justice anti Justices and McCarty favored citing Mr to appear t before the board anti give his lt testimony A motion mollon to that effect was Willi hy i elis ami was carried carded Mr Young W was l notified Continued on page twos two MUST DIE ON OH FRIDAY Continued room rage ono hy by time the clerk b by telephone to appear boo be tore ore time the board r While the was wa for Cor Mr Young to 10 arrive asked to hear from me lilaI In regard to the Iho tr mtr stated that time tho case 1 upon the tho evidence which went vent to that did not lOt have haveth havethe th the money to pay oft oFf the rime rho state Proved beyond doubt lie ho said suld Ilot have the money several ot of the tho jum mrs told him him that that testimony was waH time the turning poInt anti had convIct convicted ed cd Mil MIt YOUNG Mr Ir Young arrIved lit 1 antI Willi Wa sworn to testify In iii the lie then to tell oe oc and what hM saia Rala to 10 the jurors ly Imy When theY vl nell the emmid lint thy they Hot flot oft ot the car lit at 1 Onue Then I e 0 started Ih east ho he sold said and I out Peter ii house Then Ihn one lit of them asked ItIC where wan I poInted that out omit to them then Mi h Harlow it II juror shirt NI I to tl II step ort off the Iho between the lie two tivo houses Several o of them asked moo 1110 If IC they could go 0 Into bemuse I 1 said I 1 dim not nol but I would unit out omit I III nod asked Mrs Henry It if they could come corne In time the house RIme said the tho could Wo We nil all went in III II ani 11 th asked which room they to tn bo be In whon they 0 I 1111 not know so I asked oskell tvs She Rho told ole WhIch It and we 1 went vent in III Then Theil wo we went down In the collar cellar I which willi the jars ot bt mOlley supposed to lie Ito Oil on I 1 toll told them I It time the ono omme ono 1011 ot of tIme jurors had pointed out Omit One Oneat ot at them to the crust ClIsI up on n a keg mind hooked on the wail DISTANCES We o then ont Omit and went down to the tho intersection ot Of time railroad and car Ono One ot of the jurors started to measure oft off 1 a Ilon time Iho track whon r one called to him lie he wa ivan going the wron wrong direction that It the ho oth other r side ot of time tho street streel eliI track whore Mol Mor was ian he imas set hy by Motorman Alien Fim Juror Came back and measured off of the tho din tance In the tho rIght Illi jur ems orA nih In myself then lien vent Ion clown the track to where tho blood ivan I 1 show showed cd them where the Iho blood spots wre vere In answer to 10 I 1 tout theta ot of the tracks lending to 10 from time Iho grave and ond l where luime re hi hotly body was supposed to been put over oer the I lilt dill tIll tell them that tho thorle tim grave vas WIS it II little different then It when time tho hotly hody was I told what said to me whEn the thu bod body found Peter over bodY and ond said Poor ioor Jimmie he has rough Ito nd led DID NOT NOr lie that lie he did lIot not volunteer any statements to time the Jurors hut hilt merely 1 the questions they thoy n asked lie that for tor it I of days daR ho he hotI tI b was In and bIg hili opInion Willi based upon tim Ih actions on the tho day Iny time the hotly body iron found n a lie be thought certainly acted time the hart ot of an Innocent mini IN SESSION Mr was briefly hy Attorney B 11 J Stewart antI was wall also naked 1 1 a few tew b 1 1 DistrIct Attorney The Tho ot of Jilter Hoc SYLIS renil by Attorney end Mr Young Indicated what parts ot of the Iho Weft vere correct on and what were Incorrect Mc Ir oun con chilled hl his testimony before the lit at 1 65 the tho matter was WAA taken tinder and the board went sent intO session |
