Show JV That Do Does s Things Things' J KICHER GIVEN t i TERM TEAM OF TWO TO r YEARS IN JIJU F Former Vice President of Defunct Bank of l ol Sentenced to LeavenWorth Leaven- Leaven LeavenWorth LeavenWorth Worth in F Federal eder Court MOTION FOR NEW EW TRIAL IS REF REFUSED SED Punishment on Three Counts to Run Concurrently Concurrently Concurrently Concur Concur- Attorney Argues Argues' I Crimes but Technical cal C. C D. D KIcher former vice president president dent of ot the d defunct First National bank of ot Myton lyton was sentenced 1 by y Federal Judge Colin Cohn Neblett Neblett- today tOday to serve two years In the federal penitentiary at Fort Leavenworth Kan ICan Technically the sentence Is s for six years years two two years on each ot of three counts of ot an indictment on which KIcher was found gum guilty The courts court's order that the sentences sentences sen sea should run concurrently will vIll however permit o of Kicher's release at the expiration of two years Sentence was p passed after aCter Judge Neblett had denied a defense motion mO mo- mo motion tion Uon for new trial set for tor argument yesterday but bt argued today United States District Attorney Cha Charles harles M. M M Morris resisted e the motion n while Russell G G. of defense defens counsel presented the argument in favor of it The hearing was transferred from the south courtroom courtroom courtroom court court- room to Judge Neblett's chambers to p permit the Utah Postmasters' Postmasters association use of the former fonner quarters quarters tens for a departmental conference incident to the postal convention which opened here today NEW TRIAL DENIED I Defense argument for a new trial tri was based upon the theory that th the I Jury had not not- found In with the evidence Not more thai tharl twenty minutes was wall required b either sido side to present its Ita ment meat As they finished Judg Neblett tt entered his denial of ot th tha motion and ordered KIcher to th the bar i Court attaches attaches attorneys for tor th the defense E. E R. R former cashier of the tho Myton 1 bank and Mrs Kicher were the only one present When Judge Neblett asked if KIcher had had- anything to to say before sentence was passed Attorney J asked to be ba bei i heard He asserted positive j I II I knowledge that Kicher had neeli seven never i profited one cent by the transact I which gave rise to his Indictment indictment Indict- Indict I ment mOnt and conviction The crimes crime of which the Jury found Kichen Kichel guilty guilt Attorney argued were Yer per perhaps l ps technical crimes but no more Kicher he de declared lared walked out of Myton penniless putting up everything he had to protect the depositors and stockhOlders stockholders stock stock- h holders of the bank and h he ch challenged challenged chal chal- l- l the record to show that Kicher had ever benefited from the alleged crimes NOMINAL SENTENCE ASKED He cited verdicts and sentences in similar cases and urged the court because of ot the apparent lack of criminal intent on part of his wife and family and the fact that he had never been in trouble before and had not jot profited ed from Tom the circumstances giving g rise to o this present trouble to suspend sentence or to impose a a. nominal sentence Attorney Morris 1 objected to o this He asserted that thai from the investigation made by the department depart depart- ment of Justice several thousands of dollars of the banks bank's funds went somewhere and in his opinion to Kicher 1 If someone did not get this money It 11 must have been thrown out the window Morris declared and from the circumstances circumstance l' l l Jt 11 t 1 looks like KIcher got It lie Ha He pointed out that Kicher was wasa a busness business business busi bus ness associate with at least one ona man who controlled two of the a ac accounts counts the banker is la charged with Juggling and asked the cour court to impose an adequate sentence Kicher then made a brief statement statement state state- ment mont to the Judge In which he de denied denied denied de- de nied having from the trash trash- actions insisted these were technical tech tech- nl nial al errors which crept into any banking establishment and stated that while unfamiliar with law ha he e Continued I IS S. S aCHER GIN Continued o tm t. had understood his solely on technical points In imposing sentence l Neblett said aid Always th the e circumstances of or wife wito and fan fanor of or poverty or 01 ill health or tation that make the punishing crime seem hard But I I Itha that tha t when a man roan has had a atrial atrial trial when an all impartial ju Jut him guilty of or a crim tho tue evidence and tho law arthe arthe ar are the duty to Impose a i quate to tho the offense ottense d devolve t the court He lie then c corder order Kicher's confinement a J Leaven Leavenworth worth for 01 two years latin lating that sentence for tor cathe ea ca eatho tho the three counts and the n. n rent service of or the tho sentence On motion of or Attorney Judge Neblett ordered a sell stay atay of execution to permit I K making roa ready for tor- toran an J i iso so RO decides As Judge Neblett Noblet this afternoon for tor a It months month's tion in California betor turning to his own Jurist c cin In New Mexico he ho instruct Instruct Mr Morris would pass upon sufficiency of or the stay bond bonds bondy he te e placed at nt J n T |