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Show money or property taken is not put before the Court, except to Thursday, February 8, 1968' Payson, Utah - 84651 establish the amount of property dr money taken exceeds $50.00. If the defendant pleads Continued guilty and waives a preliminary hearing he then is bound over AN INTERVIEW WITH JUDGE satisfied within himself that Mr. to a District Court and the Dis-tri- ot Wendel does not have the money. Certain questions were asked Attorney then has the inIt has come easily to him and it in an interview with Judge Hardformation prepared and the infhas gone easily., ormation is read to the defending regarding the Wendel case. The results of the interview are ant concerning the charge agJudge Maurice Harding conas follows: cluded by saying that Mr. Wenainst the defendant showing the It was asked why the immedel must make full restitution particular crime and the defenfor the crime. dant is handed a copy. At this diacy of the first hearing. The The judge concluded by sintime he may plead innocent or judge replied that the District Attorney had at Mr. Wendels cerely adding that it would take guilty, and if he pleads innocent more than the wisdom ofSolomon a trial date is set to determine request asked for a hearing when criminal cases were not to be a judge in this day. the guilt or innocence of the defendant. If he pleads guilty, regularly scheduled. The early then the Judge can sentence hearing was held at Mr. The story is told of a man Wendels request. Mr. Wendel the person according to the was then arraigned before the sitting one day by a pool lookpenalties for the crime coming longingly at his picture court. Mr. Wendel requested mitted, or he may refer the reflection in the water. Another that he be referred to the Adult matter to the adult probation individual walked up behind the Probation and Parole Departand parole department for exman and threw a rock into the ment for investigation. amination concerning parole. In an interview Judge Maurpool. The man observed that at This is what happened in the point near the splash of the ice Harding said that Mr. Wenthe Clarence J. Wendel case: rock that his reflection remaindel had contemplated three M. Dayle Jeffs, Utah County ed quite clear, but the farther courses of action: 1. suicide; Attorney prepared the comhe looked away from the splash, 2. make the shortage of funds plaint alleging the commission the more distorted his picknown to the Nebo School Disof the crime embezzlement and trict officials and then commit ture became. The same analogy alleged the embezzlement constituted a felony because Clarsuicide; and lastly, and the will hold true on rumors and course which he (Mr. Wendel) gossip. The more a story is ence J. Wendel was alleged to repeated and retold, the more have taken money in excess of chose, was to face the issue. distorted and unclear the pic$50.00. Clarence J. Wendel and Judge Harding said the sum ture really becomes. Such has 50 dollars was used as below M. Dayle Jeffs appeared before been the case with the dismis50 dollars is a mis 'erneanor Judge Gordon Knudeson, Provo sal of the clerk of the Nebo and above 50 dollars c ..stitutes City Judge and Clarence J. School District Board. Wendel waived his right to a a felony. and plead guilty Many hours of conversation Judge Harding stated that a to the charge. He was then restricted endorsement should have been expended in discushave been placed on every check sing the wisdom and judgment taken before Judge Maurice by the school district. He said of the courts decision. In atHarding of the Fourth Judicial that the system of stamping the tempting to trace the truth or District Court by Deputy Disuntruth of the various stories, checks was poor. trict Attorney George Ballif, Jr. and there the information (Editors Note: Since that it becomes a series of informwas read to Clarence J. Wentime the system of stamping ative forceful lessons in basic human relations. In a public del at which time he plead the checks has been changed. centered, emotionally toned inguilty to the charge as read. The endorsement stamp lias In response to the Judges quecident, such as this, people jump been changed from a general much too quickly to directly stion as to whether or not he endorsement to a restricted wished to be investigated for opposing views. Unfortunately, for deendorsement reading too few people are willing to possible parole, Clarence J. posit only to the account of ask for proof or facts to subWendel said he wanted to be Nebo School District. stantiate the conclusions they investiaged for probation and Internal accounting control form or the positions they dethe probation department was has been estabished as follows: fend. Lets look at just a few given two weeks to conduct an The mail is opened by the rumors, because the rumors investigation. Clarence J. Wenclerks secretary, checks are are so wide spread and so del was Hi.? a ordered to report sorted out and forwarded to numerous that they are like to the Probation and Parole the Accounting Department and the small little fires of a brush Department in order that they stamped with the restrictive could commence their investfire in dry grass, we couldnt endorsement stamp. The begin to list them all. As a igation. This was done, and then enters the some two weeks later, Clarnewspaper, however, we feel checks in the receipt book. one should try to answer some ence J. Wendel appeared on the Daily deposits will be made of the misinterpreted facts beregular criminal calendar and up by the clerk or the clerks cause it is the right of the free was placed on probation, with secretary and forwarded to the press to put a spotlight on grey an order to restore- - all embank. or dark areas that many citibezzled funds as determined Bank reconciliations are zens question. to be missing by the School made monthly by the AccountDistrict auditor. At that time, QUESTION: First of all, why ing Department. was the case as far as outward there had not been a complete This procedure involves four appearance highballed through determination of the total amdifferent people in account- the court before the needed al ount missing. ing for receipts to the District. This is the normal procedinvestigative process had even been properly completed? ure for any criminal matter ANSWER: and criminal matters move ra.REGARDING SENTENCING When a crime has been comIn sento through the Court in orthe pidly regard normal criminal the to avoid prolonged incarmitted, der he that tence Judge Harding said ceration in the event a bond procedure is to file a complaint felt hat the resulting publicity can not be met freeing the decharging the defendant with the and humiliation is a tremencrime and citing the statutory fendant until the time of the dous punishment in itself. to the crime or setttrial and also in order to preJudge Harding said However, reference serve the evidence both for and ing out in the complaint itself The court reserved jurisdiction to make any other order the necessary wording identifyagainst the accused. the The only difference between crime. ing to even be advisable that may Embezzlement is the fraudthis case of Clarence J. Wenthe extent of impr'sor.ing Clarof proulent del and any other criminal case ence J. Wendel if that is adwas that Clarence J. Wendel perty by a person to whom it visable. is and been has was arraigned and the crimpunintrusted, The judge felt that Mr. Wendel ishable as larceny, and larceny inal charge read to him on a should be given an opportunity day other than Friday and this to pay the money back and to is committed when the property taken is of the value exceeding was done at his request in make restitution to society4. $50.00. Therefore, in order for order that the investigation The plan prepared by Clarto be embezzlement could commence by the Propunishable to ence J. Wendel pay the money-bacbation and Parole Department has been released to the as a felony, the property taken would exceed the value of $50.00 as soon as possible. This renewspapers by the court. They' quest was made to the County are on file in the office of the and the complaint is so phrased Attorney and the County AEdior and Publisher, J.C. that there has been a felony committeed in that property in ttorney made a request of the Henderson. the excess of $50.00 was taken District Court Judge and the Many citizens of Spanish Fork or embezzled. District Court Judge graned not have felt that only had the The amount of money or prothis request. All matters of school districts money been to is be a taken matter perty hearing concerning times and embezzled, but that the most determined by the Court either of places are regulated by the in important point impact at the time of trial or by the Judge and as a convenience the case was the fact that the probation department in the measure, they will attempt to youth, perhaps not considering event the defendant is placed on schedule whenever convenient all of the legality involved, for all parties concerned. Clarprobation. have felt that the Wendel case After the defendant has been ence J. Wendel was subsequenwas a miscarriage of justice. served with a copy of the comIn their youthful eyes they see tly brought back to the Court on an Order to Show Cause as plaint alleging the crime and only that Mr. Wendel broke defendof warrant the arrest, to why his probation should not the commandment, "Thou Shalt ant then goes before the City be terminated because the DisNot Steal and he was not imCourt Judge and there may trict Attorney felt Mr. Wendel prisoned for the crime. had not fully cooperated with plead innocent or guilty. If he WHAT IS JUSTICE? the Court and the Probation pleads innocent, he may ask The judge asked during the for a preliminary hearing and and Parole Department concerinterview for a definition of ning full disclosure of the funds Webster the Judge sets the bond in order Justice; Literally renot defendant the need that This was not a trial in taken. The says, quality of being main in jail, pending the hearany sense of the word concernjust: The principle or practice ing. The purpose of the prelimof dealing justly with others, ing the guilt or innocence but fairness: Administration of inary hearing is only to estabmerely an actiqn to show faillish two factors: 1. whether ure to cooperate by attempting law, as a court of justice: the crime alleged has actually A judge of to prove considerable funds magistrate. been were missing over and above committed, and 2. if the Many Many citizens have what Mr. Wendel had indicated asked the question: What has defendant is the likely person o have committed the crime. were at first missing. been done with all that money. 6 THE PAYSON CHRONICLE - JUDGE NOT . pre-heari- ng clerk-treasur- er ger lesson for young people to learn than seeing a man placed behind bars. Young people form lasting attitudes in their minds much faster by reason of exam ple than they do by the logic of intellectual debate or discussion. How many of us have at some time in our life been given he chance to correct our wrongs and have been for ever grateful that someone had enough faith in us to allow us to do it? If the financial loss is even to be partially regained, it isnt accomplished when the man who wants to make that restitution is being fed and clothed, at the expense of the taxpayer, behind prison walls. In regard to the Wendel case it has been felt that a statement by those individuals who addressed themselves as character witnesses be included in this weeks issue papers. of the news- are The statements follows: as I was asked by Pershing Nelson to appear at the hearing for revocation of Clarence J. Wendel s probation. My appearance was for the purpose of stating whether or not Mr. Wendel possessed ability that could contribute to an educational program. By virtue of the professional training and experience of Mr. Wendel, an answer in the affirmative is rather obvious. The act of committing a crime does not obliterate ones experience or training. However, it may bar his opportunity to function as an educator. At the hearing, my personal opinions were asked for and were stated as follows: (1) Mr. Wendel possesses the training and ability to contribute to an educational pro- gram. (2) I, in no way, would ever condone Mr. Wendels action in misusing public monies. (3) I believe that appropriate punishment should be handed down by the court. (4) I believe that if mis- information had been given intentionally, privileges of probation should be revoked. (5) I further stated that Mr. Jones and myself in no way represented Nebo School District. However, we had informed the Spanish Fork Board Member that we had been requested to appear at the hearing. James W. Dunn le-g- is This Judge Harding said that he is not a trial and evidence concerning specific amounts of QUESTION: The minds of the youth of our area are very impressionable and if this individual doesnt STUDIO OF DANCE ARTS Announces Registration in TAP - JAZZ - TUMBLING - BALLET ADULT BALLROOM TEENAGE BALLROOM Friday, February 9th from 2 to 7 p.m. 99 South Main or phone Payson, Utah 374-982- 5 Instructors: Sharon Ferwerda, Floy Crandall & Sonia Brague ( go to jail, it will be an admission that crime does pay. Young people will gain the idea that it isnt the crime but rather the position of the person who commits the crime that determines if he is punished. ANSWER: Any person who will take the time to read the reply of the individual involved and will take upon himself a sense of empathy long enough to see how much personal suffering this man has already experienced, will not make rash statements about throwing away the key. A lesson in true repentence and restitution of a life to acceptability will be a much stron I have been asked by the Pub- lisher oftheSpanish ForkPress concerning my participation as a character witness at the hearing for Mr. C. J. Wendel. I should like to point out that I appeared at the hearing as an individual citizen, and not as a member of the administrative staff of the NeboSchool District. Mr. Wendel asked if I would appear as a character witness at the hearing to determine whether his probation should be continued. I conferred with his attorney, Mr. Pershing Nelson, regarding the nature of this request, and he informed me that I would not be expected to give testimony concerning the honesty or integrity of Mr. Wendel, but I would be asked questions concerning his ability to make a useful contribution to society in the event that his probation were to be continued. Since I have worked closely with Mr. Wendel for many years in the school district, I have learned to understand and respect the many abilities that he does possess. He has been blessed with an analytical mind, and I have, on occasions sought his counsel and advce on personal, as well as professional matters. Because of my p r e v i o u s experience with him, I consented to appear as a character witness in his behalf. I was fully aware that I was exposing myself to criticism from some people for participating in the hearing, but there were several reasons that I considered to be valid, that influenced my decision to appear. First, I should like to point out that I have never attemped to condone, excuse or approve in any manner, what Mr. Wendel has done. When informed of the shortage of funds, I, along with all of those who worked closely with him, was shocked and deeply disappointed with what had taken place. While I strongly disapproved of his betrayal of a public trust, I knew that he now needed my friendship more than at any time in his life. To have turned my back on a friend in trouble would be a violation of all that I had been taught, and a mockery of what I have attemped to teach my own children. I am cognizant that many people are incensed, because a prison sentence was not given to Mr. Wendel, and it appears that justice has been circumvented. While I acknowledge and recognize that there may be many legitimate arguments pro and con on this point, I am convinced that the Judge, who had at his disposal all of the evidence I and heard all of the testimony both for and against Mr. Wendel, made a decision that he felt was in the best interest of all concerned. As was pointed out in the hearing, the easiest way for Mr. Wendel to repay his debt to society would be to serve a term in prison. He would not be faced with the tremendous financial burdenof re- derstanding, compassion and' words of encouragement. For it was they, who were closest to me, who helped me to back away from the idea of self- destruction. It was Superintendent Stansfield, Bishop Park, Dean Jones, Dr. Sorenson, Raymond Johnson, President Cope, Frank Patten, Lee Ralphs, James Dunn and my wife and family paying to the school district the who helped me during the blackembezzledfunds, and would not est hours. have to constantly face 'the For the past few months I scorn and derision of the peohad been considering as a possible solution ple of the community, where he was previously respected and to my problem. After the audiadmired. tor had confronted me with some; If one of the purposes of a discrepancies he had found between the receipt book and the prison sentence is to rehabilitate the individual, I know of no deposit slips, I again considered better means of rehabilitation rather than t lan to permit the individual to facing the consequences of what I had done. Three days later, I make recompense to society decided to go to the auditor through his own efforts. The prison sentence would have and tell him that I had mismade it impossible for the emused District funds. I had kept no records of what I had taken bezzled funds tobe repalcedand or when, and the more I thought society would have to shoulder about it, the more I became an additional burden of proviengulfed by panic and an overding thousands of dollars each whelming fear, until I began to year to imprison Mr Wendel, think I had made a mistake, and to see that his family was and that my only course of accared for. I questioned in my tion should be own mind who would be receivI knew that if I left the ofing the punishment, Mr. Wendel, fice without talking to the auhis family, or the patrons of the school district. Ibelieve the anditor, I would never return. I knew that I had to say someswer is rather obvious. While it may appear that justhing to him anything just to tice has not been meted out, it bring this out into the open or I was lost. (Satan would then is my opinion that the burden have had complete control throfacing Mr. Wendel and his famiughout the eternities.) It was ly, while it will be an extremely while I was in this state of difficult load to bear, will, in the mind that I made statements long run, be the most beneficial which were untrue. I stated for all concerned, and will be that the $3,000 was all I had the means of helping him obtain not The actual truth was taken. and only regain, forgivness that I did not know how much his self respect, but the respect I had taken. of his fellow men. To try to reason why or how With these thoughts in mind I I could have allowed such a made my decision to try to help thing to happen to me would, my friend who had fallen into Im afraid, only bring in rationtemptation and to show some alization. This, I do not want to compassion for his family in the do. There is no logical or justisame way I would like to be fiable reason other than the fact treated if I or one of my family that the fight against sin is real needed help. The opportunity was there. I was J. Dean Jones 345 North 9th East tempted and I did not resist the temptation. Spanish Fork, Utah I know that it is hard for some people to understand, but this thing that I had done was so obC. Wendel's Statement noxious to me, so inconsistent with the rest of my life that it was pushed back into the far I greatly appreciate the opreaches of my mind and I portunity to make a statement couldnt remember how much for publication, for I feel that I had taken or exactly when it I need to apologize publicly to all the people of Nebo School began. Yet these were the two District and especially to those questions that the auditor kept with whom I worked whose repressing to me. I could only him that he would have to I tell and so trust violated spect go back as far as he felt was through the crime I committed. To the present and past memnecessary in order to clear everyone concerned. Each time bers of the Board of Education that I tried to reconstruct menwho had placed their faith and trust in me, to Superintendent tally what had. happened I came Stansfield and my other colle-gue- s, up with the wrong answer. When I finally became aware of the to the office personnel fact that it could have started and secretaries, to the prinas early as 1962 or 1963 and Disand of teachers the cipals told the auditor, he told me that trict, to J. C. Henderson of the he had already decided to go Spanish Fork Press, who has back that far. shown me every consideration, I tried to cooperate with the to my Stake President and my I told him the three auditor. to wife and my Bishop, family, methods I had used in getting and to anyone whom I have hurt the money (at the time he had and offended, may I take this discovered two of the three) means of saying that I am truly and I worked with him in tryand deeply sorry for what I ing to classify the funds that have done. I am sorry, truly were taken. It was I that sugand deeply sorry, that I violated a public trust and took and gested that he use a form to contact all the schools to get the used NeboSchool District funds necessary information to clasas my own. I can not undo what has been sify the funds taken. About the 15th of December done, nor can I undo the pain the Probation Officer strongly and the hurt I have caused. Life advised that I obtain the seris irreversible in this respect. vices of an attorney. It was But I am determined to do all not until I had engaged the that I can to right the wrong services of Attorney Nelson I have committed. and began working under his I am grateful that the Court direction to reconstruct, month placed me on probation with an by month and year by year, my order to make full and complete total income during the last six resititution of the amount set by the Court. To me this is the years and compare it with my total expenditures during the only honorable thing to do, and same period, that I began to reaI am determined to do it even lize the probability of having if it takes the rest of my life. taken the amount that the audit This will also make it possible At least this method showed. to prove myself by againbecom-in- g accounted for an expenditure of a worthwhile and respected $31,425.19 more than what my member of society by making a income had been. vital contribution of service to In so far as I can determine, God and man. the money was spent during the I fully realize that this course period with little or of action is not an easy course no gain to our total assets. It to take. To earn and regain a was not given away. It was not position of respect and trust gambled away, nor is it saltfrom colleagues and the pubed away in some sock. I was lic from my present position not blackmailed nor forced to of ridicule and scorn, which take the money by anyone. I brought upon myself, will not Perhaps this is the way it be an easy task. The should be. For I believe that the discourageno one should gain materially ment and despair, and a shaken will all make by stealing from some one else. To have had this amount saltthis course of action a hard one ed away or converted into asto follow. Yet, I am determined sets easily disposed of would I believe to follow it, because make the course of restitution it is the honorable course of too easy. I realize now that a action for me to take. A prison sentence would have higher Justice was in operation to make sure that there would be taken from me the responsibno material gain inspite of the as restitution of making ility. staggering amount involved. well as taking from me the reThe Court has ordered that of for providing sponsibility be made to the Nebo restitution that the sure Im my family. District School through the Deprights and privileges that priartment of Adult Probation and son life takes from an indivParole in the amount of $41,000. idual would have been a source such amount to be paid at But to me. 00, of great punishment the times and in the amounts I believe that, for me persondirected by the Department of ally, such a course would have Adult Probation and Parole. been an easier course than the The above amount includes the one which the Court decided cost of the special audit reupon. I wish to express my apquired to determine the shortto age. the many people preciation The Christian Law of Repenwho, while not in the least con-. tance unI me what requires that full restit- did, gave doning on six-ye- ar Doctor in the Kitchen Bauer, M.D. Consultant, National Dairy Council by W.W. MY CHILD This is where you and I came in. No one knows exactly when young mothers started worrying about toddlers that seem to have no appetite. Certainly there is no sign that they are about to stop worrying. So, lets haul out the old record and crank up the player because er "the memory youve heard all this before. My typewriter can do this almost as if it were a computer. All right, mother, you are saying, If youre so smart, why dont you give us some answers, if there are any! There are some answers. At the risk of adding to the anxieties of mothers who have already become scared of their children by reading too much child psychology, Ill begin by saying that, in most instances, maternal worries are needless. No youngster with normal intelligence will starve when there is food to be had. But he may not always want to eat when, or what, or as much as his mother thinks he should. Lets go back a bit and see why this is. Some Basic Biology Before he was born, baby grew by taking nourishment from his mothers blood; the eating problem was hers. She had to eat qualitatively for two, to be sure baby got the nutrients he needed, but she had to watch her weight at the same time. Now baby is here, and he nurses of takes his bottle until he is old enough to WONT EAT sit up and feed himself. So far, no problem. During these phases, baby has grown prodigiously. Before birth he grew from a miscroscopic cell or better infant. to a In his first six months, he generally doubles his weight, which is pretty good growing, but not nearly as fast as the prenatal pace. In his second six months, he increases his weight, as a rule, by only 50 percent. After the first year, his rate of growth is slower and slower until he gets his first growth spurt between the third and fifth years. He needs proportionately less food than he did as a baby. The.toddler doesnt eat as much because he doesnt need to. seven-poun- Junior In The Spotlight If mother accepts this fact, the problem evaporates. If not, it gets worse, the harder she tries to overcome it. All sorts of devices, from coaxing to punishment, from bribes to deprivations, are useless. The harder mother tries, the more stubborn the child becomes, because a new factor enters the picture. Never before has Junior had so much attention, so much solicitude, so much concern. And he loves it! Shut off the spotjight. Remove him from the center of the stage. Be nonchalant. Hell eat when he needs to. If he doesnt, its time to get medical advice, especially if the child becomes listless, fails to gain weight or gives other signs of possible illness. Acne Remedies Available For Teenagers' Problem Something can he done about acne. Acne, sacs a pamphlet of the American Medical Association, is a very common condition afflicting the skin of most people during the teen years. The fact that acne is so common does not mean that nothing can be done about it, the AMA advises. Waiting to "outgrow" your acne can be a serious mistake. Arne consists of blackheads, pimples, and sometimes deeper, blemishes. It ran be seriously disfiguring at the time of life when young people arc most sensitive about their appearances. boil-lik- e ducc hormones. I he imbalance in hormone selections will lorrcit itself in time. It is true that there is no instant and permanent mre for acne. t cure, no There is no magic pill. Ami acne is not a disease of dirt, even though patients are told to wash thoroughly and frequently. Washing removes the oils and dears plugged oil glands, keeping blackheads to fi minimum. Certain loods may he factor, hut a change in diet alone j will not clear up acne. Thorough deansing, a diet prescribed bv vour physician and medical care are all needed to cope with acne. Treatment is n individual affair and the patient must not assume that medicines prescribed for a friend will be best for him. , Your physician likclv will warn against picking, scratching, popping and squeezing of pimples. In some patients small closes of antibiotics or other drugs ma t be helpful. In others light mav he administered. Your family phvsiciatf or dermatologist (skin specialist) can determine your specific needs. one-sho- ultra-viole- and permanent scarring. Acne is caused by a faulty adjustment of parts of the skin to the influence of maturing endocrine glands, the glands which pro- - utiSn must be made in order to fully repent. I and my wife are determined to make full and complete restitution even if it takes the rest of our lives. Up to date, we have paid the Department of Adult Probation and Parole the amount of $10,752. 94. If in order to find employment we must leave this area, we shall sell our home and also apply our equity towards restitution. My wife and I plan to return to teaching so that we can repay the amount set by the Court just as soon as possible. We realize this is not an easy course to follow, but this is the course we are determined to follow. In terms of this life this is a human tragedy which I have brought upon myself and my family, but in terms of Eternity it could have been an even greater tragedy had I taken Buy Bonds where you work. They do. my own life rather than going through the steps of repentance as outlined by our Savior. I am grateful and thankful that I have the opportunity to repent. This statement has not been written in order to justify what I have done, for there is no justification for that. It has not been written for the purpose of asking anyone to condone what I have done, for I do not condone it myself. But it is written in all humility and with a broken heart that I might tell those whom I have hurt and offended that lam truly and deeply sorry for what I have done; that it is my determined desire to make full and complete resitution as' the Court has ordered; that I shall so live in the future that Satan will never again have any such power over me; and that I hope at some future date all those whom I have hurt and offended will find it within their hearts to forgive me. Signed: Clarence J. Wendel Why do our servicemen buy U. S. Savings Bonds? Their reasons are the same as yours and mine: saving for the future, supporting freedom. And because they're fighting for freedom, too, maybe servicemen see the need more clearly than many of us. Buy Bonds. In more than one way, it makes you feel good. Niew Freedom Shares Now, when you join the Pay- roll Savings Plan or the Bond-a-Mont- h Plan, you are eligible to purchase the new type U. S. Savings Notes Freedom Shares. Freedom Shares pay 4.747c when held to maturity of just AVl years (redeemable after one year), are available on a basis with Savings Bonds. Get all the facts where you work or bank. one-for-o- U.S. Savings Bonds, Vv new Freedom Shares |