The Ogden standard. [volume] (Ogden City, Utah) 1902-1910, 1909-04-10
BOUND OVER
TO DIST RICT
CO U RT
NICK VACOS HELD WITHOUT
BOND TO AWAIT TRIAL.
District Attorney May File lnforma-
ton Charging Murder in First De-
erec-Chan9e Of Venue Probable.

The principal witnesses who testi-
fed at the preliminary hearing of
Nick Vacos, charged with the mur-
der of John Contos, yesterday after
noon were A. c. Cannon. 0. o. Old
man and e. o Islcr, who testified
that they heard the shot fired that
killed Contos and saw a man dressed
In a dark suit of clothes running
westward on Twcnty-fllth street. They
stated that they lost sight OF him at
point near the Elephant saloon.
They could not swear as to the iden.
tity of the person and were not per
mitted by the court Ia state whether
the prisoner at the bar resembled the
man they saw. They stated that they
went TO the place of the tragedy
where they saw the body of John
Contos lying upon the floor of The
building. back of the east counter, in
a doubled-up position.
officer Layne stated that he was
called TO the scene of the trouble In
the establishment 0 John ContosS
and that when he arrived at the place
the victim of the shot fired was lying
back of the counter In a doubled-up
Dr. Forbes arrived and pronounced
Contos dead, whereupon, under the
p advice of Cosmos, who was working
In the Contos store, he called Larkin's
undertaking parlors and directed the
firm TO take charge of the body The
bullet fired from Vacos' gun was
handed to him by Cosmos. who picked
1t up from the back counter of the
store. II was a steel bullet of the As
calibre size. Detective Pender, Sheriff
Wilson. Captain Brown and Deputy
Sheriff HutchlnS were placed upon the
stand and te1tihed that they cap
tured VacoS while hiding in a clump
of weeds In an irrigating ditch. near
Clearfield, Davis county. on Monday.
the 9Th day Of April They took from
his pocket a Browning automatic re-
volver, .45 caliber, and forthwith
brought the man TO the county jail.
Attorney Jensen, for the state, un-
dertook to prove by these witnesses.
that Vacos confessed to the murder
of Contos, but, under the objection of
Attorney c. r, Hollingsworth, for the
defendant they were not permitted to
testify to that fact The court held
that at the time Of the presumed con-
fession on the part of Vacos. he was
manacled and In the hands of the OFF,
GERS of the law, hence a statement
he might have made at that time
could not be held against him.
At the conclusion of this testimony
the state rested and the defendant,
having no witness 10 place upon the
stand, the matter was turned over to
the court for decision. Without any
hesitancy, the court ordered that the
defendant be held without bond TO
await the action of the trial court.
The matter is now up to the dis
trict attorney, and 1t Is expected that
he will Immediately file an informa.
ton charging Vacos with murder In
the first degree. AS soon as this is
done Vacos will be arraigned in the
Second district court to plead TO the
information
1t Is generally understood that the
attorney for Vacos will ask for a
change of venue for the trial. upon the
grounds that the sentiment In this
particular locality is decidedly against
the defendant, and that he cannot get
fair and impartial trial by jury EN-
panelled here.