New-York tribune., 1908-11-08
M0RSE'S DAY IN TOMBS
THE WE'LL OCCUPIED.
Discusses appeal zcith Counsel and
Talks zCith Family.

Charles ". Morse remained in the Tonbs yes
terday in spite of the efforts OF his counsel 10 oo-
tain bail. He was visited by several members OF
his family and by all his lawyers and on the
whole his time was well occupied He slept well
Friday night and his nerve did not appear to have
deserted him. His meals were sent in 10 him by
an outside caterer. The ice King is occupying
cell No 720.
Harry Morse. the prisoners youngest son, visited
him at 9 o'clock yesterday morning and remained
in conversation with his father for twenty minutes
At noon Jennie 3. Morse the prisoners sister and
his eldest son. Benjamin, arrived at the Tomos N
company with c. B. Pevey, OF Cambridge, Mass,
whose daughter Benjamin Morse recently married
All had passes and were allowed to see Morse
Eugene P Carver and Wallace Macfarlane, or
91orses counsel, called later Morse spent an hour
in earnest conversation with his lawyers
Mrs Morse called at the Tombs early in the af-
ternoon. but she did not have pass and 1t looked
for a time as if she would not be admitted She
was finally allowed to go up to see her husband
She remained for half an hour.
The application of MOrse's counsel for bail VIII
be heard tomorrow afternoon by the United states
Circuit Court Of Appeals II is the general opln-
ion that boiI Will be accepted, but the amount VIII
be unusually heavy-possibly as much as S50OoO-
Alfred H. Curtis who was convicted with Morse
Fut set free by Judge Hough under a suspen-
sion of sentence. left the city late Friday with
Mrs Curtis TO spend the weekend with friends IN
the country.
In case Morse is not admitted TO bail he will have
argument before the United States Circuit Court
Of Appeals on December g. If he is successful IN
this step the question bail be taken UP again
Otherwise he will have remain in confinement
Until his appeal is argued before the higher court
This nav be reached next February, but the court
docket is unusually crowded this year and II may
90 over until the October term of next year
Morse and his counsel feel confident that the
higher court Will md error IN the record OF his
trial before Judge Hough on which new trial
will be ordered before another jury. The fact that
Morse was tried with Curtis made the trial par
tcularIy complicated one and nearly every line OF
testimony introduced NJ the government was oo-
fected to by Mr.. Morse's lawyers Counsel expect
TO bring out before the higher court that Morse
suffered great injustice because his lawyers were
not allowed to show the jury that the deposltors
Of the National Bank Of North America did not
lose penny the result Of the banks SUSPENSION
Edward P Nioxey. who worked up the case
against Morse and Curtis, is work on the books
of the Mercantile National Bank in connection with
the preparation Of the governments case against
+ Augustus Heinze. who is under indictment Tor
alleged overcertihcaton at the time OF the United
Conner corner in October OF last year Mr. Helnze.
who was formerly president of the Mercantile Ma
tioual Bank is under $1,000 bail The government
is not likely TO be ready to go on with his trial
until early in 1909
Morse spent quiet evening N his cell and was
cheerful for all the keepers could discern. Mrs
Morse may visit her husband to-day if she can
obtain the necessary permission