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Show ARGUING FOR A LIFE! Hearing of Motion in Mor-tensen Mor-tensen Case Begun. JURY'S TRIP TO FOREST DALE Attorney for Condemned Man Laid Great Stress on Tact That Filsoncr Did Not do With Jurors to Sceuo of Crime Testimony of Deputy Must Bo In lorm of Affidavit, Which He Declines to Makeweight Make-weight of Authorltles-Pew Spectators Spec-tators Present. Argument of the motion for a new irlul In tin mee of the Slate versus I'eter Morti ivsen convicted nf murder mur-der In the first degree, begun esten!ny liefore .ludge Morse The entire d i) was mnminieil bj Attorney llirnnrd J Stewart, representing the condemn. 1 man who mule nu enimst effort to convince the court Hint stitllclcnl er rois irojudlelil to the rights nf his client had leen inmmltte I during (he rla to Justif) setting nslde the jur) s ver.ll.t and hiving Morli nsen unother ihnncc for his llfo JPIilUP. Till P TO SPI.NP One of the ground, ui m whl. h Mr tjtevvnrt seemed to ul) with Mint eon lid. p.. wns bused upon Ihe f h t tint Morlensen did not iice.impin th. Juiorant Hie tlmo the) vislled 111. siene of the bi.inlilde ihe attorney ml inltttd that he had deillntd In lit his client go wltli tho jui) when Hie iniirt asked what was the defi n.lant s d.slre In the premises Mr Sti wnrl ileilvu.l that It was oul of his power In waive mi) of the constitutional lights lie longing to his client and he Inslstcl thnt the defendinls right In niintn piny the Jur) on the imaslon men Honed wns guaranteed bj the fiindn menial law WPinilT OP AI'TIIOIHTll'S Mr Stennrt also ndiiiltted that mont of the nulhorllles wele opposed lo his views on this parllculir question but be assured tin conn lint the cases which support, d his position weie en tilled lo mu. Ii Muiter w Ight thin Ihe othrs He ill I not make It i ntlrel) tle-ur hrn or wh) tin li,ippinc.l tn bo Hue, although he asserlwl Willi Meat nulllvcnoHs that II was true The an th.irltles which sustained his views, he diclnred wire .l.servlng nf nil conll dence. while those holding Ihe cnulrmy opinion did nnl amount lo niuili PIIOIIAIIIiV ri.osi: TODAY District Attnrne) lllchnor will present pre-sent tho cast for the piosei litlon this morning lifter whlih Mr Stewurt will make the closing speech It Is exp. i ted Ihat Ihe nrgunienls will be finished to-da), to-da), though u decision Is not looked for Inim.dlnMy. While no Intricate ques tlons nf law have been raise 1 hv th" motion for n, new trlul, the case Is cm" nf the grcnlesl tnipnrlnnee. Involving na It docs the life of n human being, mid .ludge Morse will doubtless consider carefully and In detail all the points thorefnrw thnt several dnis will lnpt aftir the ease Is submitted before the Judge's ruling upon the motion Is made known rp.w spi:ctatoiis The public seems to hnvo lost Interest Inter-est In the ense. very largely, Judging by the size nf tho erowd In attend in. u nt )cterdayH proceedings Only nbout tweni) perrons. Including nllor-iios nllor-iios nnd bnlllffH were present during (he morning session, and nl no time during tho afternoon did Ihe attendance attend-ance exceed lift) Ihe prisoner begliiH to show the effects of his long confinement confine-ment by his pale face and a somewhat nervous manner, although he seems lo be enJo)lng 1.00 1 health He was diessed In n new suit of dark clothes nnd rat through the proceedings wllh his father nn one side of him nnd ono of his brntherK on the other. During the nfternoon ho paid close nttentlon to ever) word spoki n by his attorney It Is apparent that he has ntrnng hnpes cither nf securing a new trial from Judge Morse or 11 reversal fiom the Supreme court If It hecnin. s necessnry to carry tho case to that tribunal MUST PHKSIJNT APP1DAV1T An Interesting question wns raised by Attorney Stewnrt, when he offered tn put llo)nl II Young n deputy sheriff 011 the witness stnnd to testify enn-cernlng enn-cernlng the conduct of the Jurors nt the lime they went lo view the scene of tho homicide Young Is the oltlcer whn h id Ihe Jury In charge Mr Slewnrt stated that Young would testlf), If compelled to tell what he knew about tho case, that certain of tho JurorB measured the distances between some of the objects1 In the vicinity whero the murder was committed District Attnrne) nichnor objne ted to this evidence became) the statute pro-vldes pro-vldes that all testimony nn motions for a new trial shall bo submitted In the form of nltldavlt. Mr btewart explained ex-plained that Young decllnid to make an nindavlt nnd that he bad no means nf lomielllng him to do do The DIs trlct At. rioy Insisted cm the objection however nnd the court ruled Hint Mr Young's evidence must be presint. I In the form of an affidavit or not nt all Mr Stewart preirved an exception and will use this ruling ns one nf the grounds for reversal If he Is required to take the case tn tho ISupremo court |
