Ogden Standard-Examiner | 1920-04-25 | Page 11 | State Rests in Oblizalo Case

STATE RESTS IN OBLIMO CASE Motion for Directed Verdict of Not Guilty Is Denied SALT LAKE, April 24. The state -this mornine rested its case. against Nick ObliJcalo, charged with murder of Marke Lau, who was killed in a( ravine in the mouth of Parley's can-1 yon, followinertrTe testimony of Herman Her-man llarms.state chemist, that by choraleal and microscopic analysis ho found blood stain.i On the trousers olaimed ot have been worn by the defendant de-fendant o nthe day of tho murder. Immediately following tho conclusion conclu-sion of the state's case the defense moved for a directed verdict of not gullly. The motion was denied, A slight sensation developed this morning when for a few minutes it looked as though the trousers referred re-ferred to by Mr. Harms had been tampered with since he had made the examination In the absence of the jury, Judge Harold M. Stephens, in whose division of the court the case on trial, questioned Mr. Harms concerning con-cerning the matter. The chemist, on cross-examlnnation, stated that he did not recall placing two pins in positions which they were found to occupy. His testimony was that he placed pins to indicate the locations of blood stains and that two pins In tho trousers this morning were not indicative in-dicative of blood stains. Witness Changes Mind The court contended that if the pins hab been changed Inadvertently any person under suspicion should bo vindicated, but if they had been changed purposely the responsible parties should be prosecuted. Judge Stephens ordered an Investigation by the district attorney, whereupon the witness was confronted with the tran-scmript tran-scmript of his testimony at the preliminary pre-liminary hearing. At that time he said he placed pins to indicate stains which he had examined and the locations loca-tions corresponded exactly with the location of tho pins at the present time. Mr. Harms admitted that he was mistaken, preferring to rely on his previous testimony since it was given at a time much closed to the examination and when his memory as to what he had done was probably I better. The true facts of the sltuat- tion wore then placed before the jury, after the court had decided that it I as entirely cleared up. I nn