The Birmingham age-herald., 1908-11-03
MORSE TRIAL IS
 NEARLY F|N|SED Argument Is Delivered By
 Opposing Counsel INDICTMENTS THROWN OUT Judge olcott Defends the Blameless
INDlC TMENTS THROWN OUT
Judge olcott Defends the RIameless Life of Curtis, While Littlefield Declares Against the Meth
 ods of the Bankers.

New York, November 2-An election day verdict by the jury which is considering the cases of Charles W. Morse and AL fred H. Curtis, former officials of the National Bank of North America, on trial in the United States court here, charged with violation of the national banking laws was rendered improbable today To- morrow, it now appears, will be occupied with the concluding arguments by the prosecution and the defense, so that the case is not likely to go to the jury until some time on Wednesday,
 The attorneys for Morse and Curtis be- gan the final moves in the case today by securing the dismissal of the counts in the indictment against their clients re- ferring to the Calvin Austin loan of $100.- GOO in connection with which msappro- priation had been charged. With this matter decided the summing up for the defense proceeded.
 Charles E. Littleield addressed the jury in behalf of Morse and former Judge Will liam k. Olcott argued in attenuation of the irregularities laid at the door of Cur tis. MT. Littlefeld in his defense of Morse laid great stress on the intent of his client, which, he declared, had always been of the best.
 In opening his argument for Curtis. for mer Judge Olcott reviewed the blameless anteoedents of his client and called at tention to the high regard in which he was held by the banking fraternity. If he had erred, it was only in reposing too great a faith in the financial responsi- bility of MT. Morse MT. Olcott declared. No motive whatever could be advanced as to why Curtis should endanger his bank, said MT. Olcott.
 At this point the advanced hour caused an adjournment to be taken until to- morrow al 80.
 After MT. Ocott has concluded his sum- ming up for Curtis, United States District Attorney Stimson will sum up for the prosecution. The indications are that Judge Hough will not make his charge before Wednesday morning, the case go- ing to the jury at it's conclusion, prob ably in the afternoon.
 In his address to the jury Mir Little field took up the $2O0 ,O0O wire note at the Knickerbocker Trust company, the $126,000 Primrose & Braun note, and the K. A. Wilson note in the New Am sterdam National bank, and insisted that they were notes made by 'dum mies," who had no interest in the notes and by no reasoning could the National Do olr of payable on the institutions books. Coming next to the purchase of certain shares of American Ice company stock by Morse, MT. Littlefield pointed out that in one count the government gave the shares a monetary value while in the next count the same shares were declared worthless.
 "They are trying to catch us coming and going, on either horn of the dilem- ma," he said.
 When he comes to the final argu ment, MT. Stimson will, through the law behind him, play this judicial she'll game" continued MT. Littlefeld. Tt is not the ordinary gamblers shell game. There, there are three shells and one pea, but in this game three shells and no pea.
 MT. Littlefield also declared that the defense would have assented to 95 per cent of the evidence without calling a witness, as it was simply a transcript of the books of the National Bank or North America. The lawyer was very bitter in his denunciation of the men Morse had helped, and who had shared his bounty" but who, when the panic came turned upon him." These, MT Littlefield characterized as sycophants who had gathered about Morse and shared in his bounty when the markets were good, but who, when dark days came, were ready to jump on his back and at his throat MT. Morse is neith- CT a welcher nor coward" vehemently insisted the lawyer.