Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1908-11-10
Says Charles ". Morse
InAtfidavit Filed inCourt
InPrOceeding in Which He Asks
To Be Admitted TO Bail.
Prosecuting Attorney Scores Morse
...DeclsIon Sometime This Week.

Morse. who two years ago was rated as
being worth upwards of $2O,0OO,c00. to-
day swCrc under oath that he had not
enough money or securities left from
his vast fortune to pay his debts.
This revelation was made when
Morse's attorneys appeared in the
United States circuit court of appeals
to argue for the admission of Morse to
bail. Morse, who has been sentenced
to Il years Imprisonment at hard la
Dor in the federal prison at Atlanta.
Ga, was not permitted to leave the
Tombs today, but an affidavit made by
him was read. The motion was argued
before Judges LacOmbe, Ward and
Coke. and decision was reserved.
It had not been expected that Morse
would make the plea that he was bank
rupt, as ever since the financial PAN
ic which swept away the greater part
of his fortune, he has maintained that
he would be able to adjust his affairs
to the satisfaction of all creditors and
Judge Hough, in refusing to grant an
appeal for bail after he had sentenced
Morse, said that one reason for refus-
ing bail was that the prisoner was
worth S22, 100000 and that it would not
Inconvenience him to furnish BAIL
Wallace MacFarland appeared in be-
half of Morse and quoted from the
opinion of Judge Hough in refusing to
grant bail in which Judge Hough said
that no amount of bail would be sufIi-
cient to secure the appearance in court
of such a wealthy man as Morse when
he was wanted. Mr.. MacFarland then
continued
II have an affidavit here from Mr..
Morse himself in which he states he is
not a rich man. Mr.. Morse says that he
is in a sense impoverished and that his
securities would not pay his debts and
that it is doubtful if they ever would.
II Morse is allowed bail his old friends
would have to provide it. The state
ment that he is millionaire is false
and further Information will be given
to the district attorney if he Desires
The lawyer called attention to the
fact that when Morse was indicted
he was on his way to Europe. but that
he came Immediately back to this
country upon learning of his indict
amount were placed so high that Mr..
Morse could not furnish it. Mr.. Mac
Farland said the result would be d
practical denial of the application.
In referring to the sentence imposed
upon Morse, Lawyer MacFarland
termed it ''ruthless and almost unpre-
cedented.'
United States District Attorney Slim
son, who prosecuted the case against
Morse said in opposing the granting
of bail:
Il believe that the right of granting
bail in case of this character should
be exercised if at all. by the trial judge.
Judge Hough denied the application
for bail and stated the two controlling
causes for his decision, first. as to any
reasonable ground of error and second,
the effectiveness of bail to produce the
defendant when the final decree of the
court is to be passed.
The district attorney said it was
ridiculous to represent Morse as be-
ing Il pauper in view of Morse's state
ments during the trial as to the extent
of his financial transactions. He added
that it would be wrong to permit a
surety company to furnish bail. saying
that rich man could easily reimburse
such a company and that no one would
be held personally responsible
"Mr. Morse has been a banker and
is a travelling man and he knows the
difference between a sojourn in Paris
and the sojourn that the law may hold
out to MIN here" said the district at
torney, and added:
I'VE have some instances Of what
happens to a man in this position.
rare that rich man is convicted in a
criminal court. But there are cases
even in this jurisdiction where men
have jumped their bail One case is
that Of Blumenthal. who jumped $780,
600 bail bond in the silk fraud cases
and his partner. Brown, who also
jumped his bail. There is the case of
Greene and Gayner, who jumped a
$4,000 bail bond and the efforts of the
government to recdpture them almost
reached the proportions of national
scandal"
Before argument was made. Lawyer
MacFarland asked the court for 80
days additional time to file a second
complaint in error and this was grant
ed. Mr.. StimsOn making no objections.
The judges took all the papers in the
case and reserved decision on the mo-
ton for bail. 1t is not believed that a
decision will be rendered for three or
four DAYS