New-York tribune., 1908-02-18

his nerscnal counsel. arrived at the cfif'iina,
Branch of the Supreme Court promptly O
o-clocx. the time set for his case Inc coui
- &C. ,-oxvaed Justice Downing did not ar
.-,a ,,r4,, fifteen minutes later. Aaoefl a.
p..-sr,.n NJ counsel for Mr.. Morse, die mol
appear.
clerk Penny caused considerable en'usei'o, -
av calling George w. Morse TO the par
.sefenaant. who looked bit careworh' sneN
.. the error as he stood in front ci 'u
novlinr. Clerk Penny hurriedfy correc'eo ne
mistake and told Ny Morse thai ne was u"ue
indictment two charges OF si0Nu
and asked him how he pleaded
.e,-o,,- bonor~ said MT. Britt, this defenoah'
-, ir 4o-rnation of the nature of the charges
.bs, have been made against him. lie o"es mo-
p,ovv what The specific charges are hoi "i
.be witnesses against him are therefore, Na'
,,,,,cr as We desire make certain hlo'ioi'N INV
aeeenaant pleads not guilty and asks ioi wv
weeks in which change or "iih"ia" W
plea" .-,a no
tween Ny Britt and Assistant DISTRICT A'to' ne
Kresel IN which Mr. Britt had asked PERMISSION
- .,.-,a.+ tho minutes Of the grand jury thal
,.5 indicted Mr. Morse Mr.. Kresel had oe-
c,;,,ed "a grant the permission. After CONSIDER
.b,e argument Justice Dowling set next MONDAY
for ,he return Of the pleading If there shouiu
at that time he any melton pending ne aooeu'
.for the inspection of the minutes Of the gFahu
ir,-v then will be time enough to consioer 'iie
.x.snsiou Of the time for the return OF the
pleading.
This ended the formal proceedings, ana MI
Morse accompanied by Mr- Britt ieft the coui'-
room There was crowd out in the coffAuoi'
and few steps from the door MI Morse anu
his connanion broke into half run II TO get
raais
,he I.afayette street exit and Ny Morse jumped
,n,o 2 waiting automobile, bur not in time to
avoid the small army of photographers lying in
wait for him.
O'BRIEN ENDORSEMENT
7-ba +D.o indictments TO which Mr.. Morse
,aeaded not guilty each charged grand larceny
IL the first degree Both were handed down OF
January 10 by the special grand jury that Is IN
xesfigating banking and insurance matters matters
Each indictment was found under Sections %
and 5e0 Of the Penal Code. The first is formal
one. charging common law larceny and mis-
sp.,ropriation Grand larceny by false pretences
is charged il the second indictment
Both indictments deal with a transaction 1naoe
by Mr. Morse on May G. 190ls in which the no"
famous Morgan J. O'Rrien. per c w Morse
endorsement appears upon a Mercantile National
Rank check The indictment charging common
law larceny and rnisap appropriation accuses Mr-
Morse of having by means of a check taken
seloniorsly from the Mercantile National BANK
the sum OF 100000. The second Indictment
which is longer and detailed, says that MI
Morse by means OF a cashiers check bearing
the Endorsement above mentioned, with Intent
10 DEPRIVE and defraud." did represent hlmseH
falsely to be the agent Of Morgan J. O'Brien-
With the second indictment was filed copy
,f the cashiers check which was made out as
follows:
Number 2757S New York. May 9Th. 1907
Mercantile National Bank OF the City Of New
York.
Pay 10 the order Of Morgan J. OBrien one
-iIIiGi'g sIao ono I'''-3 NILES NJ. o'BRIEN. V. P.
FALSE REPRESENTATIONS
On the back Of the check the indictment
charges MI Morse wrote the following indorse-
rnent: Morgan j. O'Brien per c. w. Morse"
The Indictment continues as follows;
said Charles w Morse. with intent to deprive
ana defraud the said National Bank of North
ATnerjca and 10 appropria1e said money to his
own use did then and there feioniously, fraud
ulently and falsely pretend and represent 10 lhe
said National Bank of North America tilat ne
Was the agent and the attorney OF Morgan j.
oRrien TO whose order the check was payable,
and that said Morgan J. . BIleil lad autIIoi Ecu
requested and directed nm 20 AlooISe the SdlQ
check for and in behalf OF the said Morgan j.
O'Brien and that he had Endorsed ana written
the words Morgan j OBrlen' on the BACK OF
said cashiers check pursuant TO the request
direction end authorization of said Morgan j.
o'Brien bv aid OF which Sa>d false and fraudu-
lent rrerences and representations the SAID
Charles ". Morse did then and there 1eionlousIy
and fraudulentiy obtain from the possession OF
the said National Bank OF North America the
sum of 100000 in money and appropriate the
same his OWN use
Whereas The said Charles w Morse was not
the agent or attorney OF Morgan j. OBrien, TO
whose order the cashiers check above set forth
was payable. and the said Morgan J. oBrlen
had not authorized requested or directed him 10
indorse the said check for or IN behalf OF the
said Morgan J. O'Erle1.
And whereas. IL, tru'h and in fact, the pre-
fences and representations so made by the said
Charles ". Morse 10 the said National f:n* o.
North America We're in all respects utterly false
and untrue he. the SaiG Charles N aIorse,
al the time Of making the same well know:
And so the grand jury do say that the said
Charles W Morse. in the manner and form
aforesaid and by the means aforesaid the said
proper moneys goods. chattels and personal
property of the said National Bank Of North
America feloniouslv did steal, against the form
OF the statute in such case made and provided
and against the people Of the Stale of New
York.