The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1913-12-24
ADMITS LYING, IS
HELD FOR PERJURY
Charge of Burglary Against
Harry G. Martin Fails on
Evidence of Accuser.
Special to The Tribune.

Special to The Tribune.
OGDEN, Dec. 23.-The threatened
prosecution of Harry G.. Martin on the
charge of burglary In the second degree
was brought to a. sensational termina-
tlou at the preliminary hearing today
when George r. Ma.rer. upon whose story
the state had based It's case. refuted un-
der oath his previous statements TO the
officers regarding Martins alleged con-
nection with the robbery of the River
side Milling company In December. 1872.
The witness testified that he was intox-
icated and irresponsible when he made
the unsworn statement charging Martin
with the crime.
The cousin OF the alleged blackmailer
was Immediately released from custody
by Judge w. H. Reeder upon County At
torney David Jensen's motion for disrnis-
sal of the case. hut Marler was locked
In the city jail ana Will face charge
Of perjury. Commissioner T. 5. Brown
Ing, superintendent of public SAFETY;
A. De Vine and Joseph Harbertson. the
latter a former police officer. have de-
clared that they will testify under oath
that Merler was not intoxicated when he
ago.
Before the case was called Attorney
Jensen sought To confer with Marler re-
garding the evidence he proposed TO sub
NIT, but the witness refused TO talk. de-
claring that anything he had to say he
would say on the witness stand under
oa ill., Marler was the first and only wit
ness called TO the stand by the county
attorney.
The witness, who is 20 years of age,
and resides at lI6 Thirty-third street is
employed as a clerk in one OF the Hem
enway & Moser company cigar stores,
According to the officers. he made the
statement two weeks ago that while lie
was en- route TO the northwest with Har-
ry Martin the latter had told him that
he EZRA cked" the safe in the milling COM
pany office in December. 1912. This re-
mark was made to Harbertsen, the for
mer police officer who relate IT to Com
6roasht arsr tn Tie cy gd oess ora
flee. Marler is said to have repeated the
story several times in the presence of
Commissioner Browning Harbertson,
Chief Norton and Sheriff De Vine.
When Marler was placed on the wit
ness stand he told of having been en-
ployed at the Riverside MILL recalling
that the safe had- been broken open about
q week before Christmas in 1912. He said
lie knew the defendant. Harry Martin
and had accompanied him to Portland.
Ore, during the summer following the
robbery.
Did you ever have a converse ton
With this defendant at that time regard
ing the robbery at the Riverside mill2"
asked Attorney Jensen,
mo nor at any other time" replied
Marler.
"Then why did you tell the chief OF
police that story to the effect that you
did?' continued the prosecuting attor
ney.
Because 7 was drunk and It was all
dream was in substance the reply of
the witness.
In answer to further questions by the
attorney. Marler said that in company
with Haroertson and others he had taken
between fifteen and twenty-five drinks OF
beer on the day that he told the Martin
safe cracking story. The witness denied
the story TO County Attorney Jensen a
few days after his visit to the officers
but that he was ashamed to confess that
when he told the story first 81 tried
10 tell you the same story but couldn't
It." said the witness.
Before Marler was given an opportunity
der arrest by Sergeant o. II. Mohlrnan
AT tire request OF the county attorney.
He remained in a cell at the city Jeil
all day, being held on an open charge.
Harry Martin, together with the young
mans sister were present during the
brief proceedings. They occupied places
outside OF the railing until the Martin
led into the courtroom. All three then
entered the incIosed space and took seats
on the bench beside the prisoner the
aged mother greeting her son With Il
mis- dismIssal, Martin left with his par
ents and sister for the home on West
Seventeenth street
The witness who may be called upon
TO face the serious charge OF perjury |
has been employed by the Hemenwny &
Moser company only few days his po-
sition being that OF clerk at the No 2
store. He was in California until throe
months ago. and prior to securing the 20
siton with the cigar company worked IS |
2 car cleaner at the local railroad shops. |
Two months ago he was married TO Miss |
Minnie Ud!nk