Show FIND 1EiGAN GUILTY Former Ogden Postmaster Convicted of Embezzlement Embezzle-ment by Jury in the Fed ral Court I i Acquitted on Count of Embezzling From MoneyOrder Funds but Found Guilty on Count of Embezzling Funds of Post office Defendant Not Satisfied With Verdict and Will Appeal Ap-peal if Motion for New Trial Is Denied Charles Melghan the exportmister Qt Ogden i In I guilty of embezzling 3255tU3 from the general postal funds df tho Ogden poMtofllcc In the opinion of the twelve jurors before whom he was tried In the Federal court during the past week The verdict was returned re-turned a few minutes before oclock yesterday afternoon It found the defendant de-fendant guilty on thc first count In the Indictment that is of embezzling mom the general postal funds of the office but acquitted him on the second count of the Indictment of emberllng S12083H from the money order funds of the office The verdict was accompanied accom-panied by a recommendation for the utpiost mercy of the court Mr Melghan wan cited to appear in court at 10 oclock Tuesday morning December Decem-ber l6th when sentence will be pronounced pro-nounced WILL SEEK NEW TRIAL Neither the defendant nor his counsel coun-sel were satisfied with the verdict and rp strenuous effort will be made to se cure a new trial and failing In that an appeal will be taken to the United States Circuit Court of Appeals C S Patterson one of the attorneys for time defense said last evening We will submit a motion for a new trial on the grounds that Judge Marshall t Mar-shall wan mistaken in a portion of his charge to the Jury especially with reference ref-erence to one Item of 1600 that played an Important part In the trial Ye hold that there were other errors j ind we Rhall take exceptions to a numlxjr of things that transpired In the course of the trial The motion will be submitted sub-mitted before the time set for sentence I and Jt will he argued at the convenience i conveni-ence of the court If the new trial is denied an appeal will be taken to the United Slates Circuit Court of Appeals I Ap-peals FIVE YEARS MAXIMUM Mr Patterson said the above expressed ex-pressed the views of thc defendant who returned to his home In Ogden on the evening train lie stas not required re-quired to give an additional bond as the old bond holds Good till the sen tence is pronounced Ttio modmum I punishment that could be inflicted under un-der the verdict of the Jury Is live years In the penitentiary I HOW JURY FIGURED IT Joseph Christensen the foreman of the Jury was asked as to how the Jury reached verdict for conviction on tho I first count and for acquittal on tha second count The jury took the position he paid that t s 1 others had access to the moneyorder funds there was doubt ai to who took the money But with regard re-gard to the general postal funds Melghan alone was responsible that he knew of the shortage that ho told the Inspector he was up against Hand H-and that Instead of doing all In bla power to HPHlst the officers In locating the blame he left and was gone for two days One of the jurymen held out for acquittal till the Inst and for a time It looked as though there would be no agreement EXCEPTED TO CHARGE Judge Marshall in his chargo to the Jury laid special stress on the floating check for 600 drawn on the bank by Melghan when he had no funds in the bank This was treated ao evidence to show that Melghan knew of the shortage short-age Exceptions were taken by Judge Maglnnlss to a number of the statements state-ments made by Judze Marshall with reference to the accounts and the documentary doc-umentary evidence submitted in tho trial I trIalI11e The Judge was asked also to Instruct the Jury as to the verdict that should be rendered in case the shortage if Inn I-nn wore found to exist was due tone to-ne Jg uce either on the part of the defendant or his employees On request re-quest from the defendants counsel the slips giving the figures on the accounts of the ofllce prepared by Rapp and sub mlttcd by him In the trial were sent to the Jury room for the Instruction ot the jurors Mrs Mcl han and herllttlc girl were In the courtroom moat of the tlmq while the jury was out As the enc drew near Mrs Melghan a how Jl net votisness by walking un and down In the corridor In the cvenina the family fam-ily returned to their Qgdon home |