Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1905-04-13

y ting postmaster COlett on Dolh J.
+ counts OF the charge Of cmbez- +
Z zliug postofiice funds. !
At 12.45 today the case Of the United
States against r. $. Colett, postmaster
at Vernal, went 20 the jury after an
elaborate statement Of the proper
methods Of handling government money
by Judge Marshall IN the L. $, federal
court. Judge Marshall's instructions to
the jury were not the usual formal
statement of the provisions OF the
statutes, but went into the particular
case at hand IN great detail, exercising
the privilege allowed United states
judges Of commenting on the facts Of
the case and expressing an opinion, as
well as Of eXpOunding the legal tea-
lures,
Prior to the charge OF the jury the
mornings session of the Coun was con-
sumed I'm hearing closing arguments
by the prosecution and defense. The
case seemed to hinge IN its final status
on a legal teehncality Interpreted by
am inspector who was pictured by the
attorney for the defense to be Of the
big bully" policeman type ana VINO
walked into the office of the postmaster
one afternoon, demanded a complete
accounting and when all the required
cash WIS not found I'm the drawer, TOOK
steps to get out AN indictment. lie
finished his inspection at 10 o'clock at
night ON the same afternoon on Whlch
he arrived at Nernal,
The law provided that postoihte
money should be kept I'm the ONCE ana
forwarded 10 the head offices through
checks on "a United states depository
But I'm the case of Nernal the postoihr2
lis very remote, and to carry money TO
United states depository Is something
Of "A Journey both by stage and rallroau
For that reason Postmaster Collett had
written for instructions and producer
I'm evidence Il letter from the depart
ment authorizing him to Keep ms
money I'm the Vernal bank, and send in
To Salt Lake checks on the bank or
checks he had purchased from private
individuals whose credit he guaranteed.
Under this authority he had Kept a
bank account, and while the required
balance I'm the bank was not equal 10
| the cash required by the inspector. eV
| deuce was introduced TO show that II
would have been on hand in the usual
! course Of business.
In the final review for the prosecu'
| ton United states Atty Joseph Llpp'
man mentioned Mr.. COllett as "a brigh'
| man, whom he would not refer to I'm the
| least as a criminal I'm the ordinary
| sense, and whom he considered far toe
| sensible not to know that his actions
! were irregular under the law, lie dis
! claimed any intention TO break doWi
! the evidence submitted as to Mr., Col
let's long established reputation fol
| honesty. although he declared that re
| Gently indictments had been founr
against such men Of good reputation a.
Senator Mitchell of Oregon
JUDGE MARSHALL'S CHARGE.
Taking up the points brought out n
| the evidence as summed up by Mr.
| Lippman for the government, and 5. X
! Thurman for the defense Judge Mar
shall proceeded with the case point by
point. addressing the jury directly acl
member of which seemed to listen Wiz
tense interest lie asked them to beal
I'm mind the two counts Of the com
| plaint. and keep them entirely separate
! and To consider the further fact that n,
money was I'm issue, the government
| having received payment In fun OF M
| claims. The real question was as t.
| whether any embeZalement OF gov
rnment money had occurred, am,
| whether # money was found 20 b.
| short Il had been converted to priyat
use with the object Of dctrauding IN
United States. The intent 10 defrau
the government however he polnto
out. must not be confused with an I'm
tent TO pay back.
For If all the men who wrongful
take money" he declared, were toun
innocent on the production Of proc
that they took it with the intention @
retunding It, few ombcz1lers would eve
be convicted
I'm this case II was important TO de
eide II Mr. Collett IN good faith, be
| ityed himself entitled 10 deposit IN
funds as he had, and II The jury S
found, II would be its duty 20 ind
verdict OF not guilty despite the tecl
| uical violation OF the law
In the case Of the second count, tina
| dealing with money ord ar funds, an "a,
| mltted deficit was reported Of S62I'
| and this shortage was prma facie cy
dcrce Of guilt except IN so far as II
shortage has been accounted for am
5 explained I'M the evidence.
, I'm the matter Of rent payments,
has been shown that Mr. Collett chars
. ed rent ON the books, before II Ws
I actually paid. Under the law this
- illegal. For declared the Judge, -
| officer, no matter how high IN the go'
, | eminent service can collect money e
l | Hills not actually paid at the tim
Z Even the president himself cann'
draw pay for his rent I'm ldyauce.'
r this case, however a letter easily cal
v able of Interpretation 20 allow sue
y payment had been submitted and u