The sun., 1904-12-06
DODGE MUST CONE NORTH NOW
TO BE TRIED FOR PERJURY IN
MORSE.DODGE TANGLE.

His Testimony, Alleged 70 BE False, Causod
Charles W. Morse and Mrs. Msrse,
Formerly Mrs. Dodge, 70 Separate
WASHINGTON, Dec. 5.-The Supreme
Court Of the United States affirmed to-day
the order Of the United States District Court
for the Southern District Of Texas dismiss
ing a writ OF habeas corpus In the case OF
Charles F. Dodge, held In Houston for ex-
tradition to New York on an indictment for
perjury in a divorce proceeding TO which
he was party.
Gov. Lanham honored Gov. Odsll's
requisition for Dodge and ordered Dodge
turned over to the custody Of Detective
Herlihy. who had been sent from New
York. Dodge then applied TO tho Federal
Court for the Southern District Of Texas
for a writ OF habeas corpus alleging in
suffoency OF evidence. and, upon denial,
appealed to the Supreme Court. alleging
that he was deprived Of his liberty with
out due process Of law.
District Attorney jerome was notified
OF the decision by Deputy Assistant District
Attorney Gray, who was In Washington.
Mr. Gray had instructions also to notify
Detective Sergeant Herlihy, who has been
in Houston, Tex, since Thursday waiting
to bring Dodge North.
Decisions OF the United States Supreme
Court are generally entered in thirty days,
but Mr.. Gray got the court to issue the order
at once. Mr.. Jerome and Assistant District
Attorney Rand. who has charge Of the
Dodge case, said that they expect to have
Dodge in this city before the week is over.
Mr.. Rand said:
This is final. There can be no other
appeal
Dodge was indicted here for perjury in
swearing In the Dodge-Morse divorce
tangle that he had never been served with
the papers in the suit in which bis wife OBJ
tained q divorce from him before she mar
ried Charles w. Morse. He was In Texas
when the indictment was found and he
was arrested there. Since then he has
made long fight through State and Federal
courts against eItradition. Although he
was hard up before his indictment he has
since had all the money no could spend.
One OF the mysteries Of the case has been
where the money came from. Benjamin
steinhardt, formerly A. H. Hummel's law
partner. once professed to know. Mr.. Jerome
said once that he knew Of t3o, 900 being sent
to Texas to aid Dodge. Dodge tried to esca pc
to Mexico. but was caught Then he GO
a writ Of habeas corpus from the United
States District Court. which writ on its
return was dismissed. He appealed from
the dismissal and the United States Supreme
Court upholds the decision Of the lower
court dismlssing the writ.
Abe Hummel, OF Howe d Hummel,
who represented Dodge In his troubles In
this city. said yesterday:
Whatever action may be taken BY DodRe
In Texas, il he takes any, will be looked
after by his Texas attorneys II he makes
any move in Washington, his Washington
attorneys will look after him. When he
is brought here my firm win represent him.
That il all I care TO say
Charles W. Morse sailed for Europe on
Saturday on the steamship Campania.
John r. Carroll and ex-Mayor Van Wyok
saw him of. When the Dodge case was
before the Grand Jury last April Mr.. Morse
was witness he wanted to 70 to Europe
then while he was under subpoena and
Samuel Untermyer, his counsel, promised
the District Attorney that he would pro-
duce Mr. Morse whenever he was wanted
A few days ago Assistant District ATTORNEY
Rand got a letter from Mr.. Untermyef,
saying that Mr.: Morse wanted 70 take his
customary winter trip and would like to
know II the District Attorney had any OBJ
jection. Mr.. Rand replied that there was
no objection TO Mr., Morse going to Europe
as he would not be needed as a witness.