New-York tribune., 1908-11-06
MORSE AND CURTIS
GUILTY on 53 COUNTS
BANKERS LOCKED Up IN
TONBS FOR NIGHT.
Minimum Punishment on Each
Count Fire Years Curtis Rec
commended to Courts Mercy.

merry vice-presidsnt ard president respective
" OF the National Bank of North America wers
found guilty az O'Clock last night OF n1isa7ph-
cation OF the banks funds and Of making false
entries by the jury which has been trying them
for the last three weeks before Judge Housh in
the United States District Court on the charge
Of conspiracy. the first IN the indictments. both
defendants were acquitted The jury recon-
rnended Mr Curtis TO the mercy OF the Court
Judge Houzh refused 70 entertain any no
tfons for bail OF a new trial until this morning.
when he viii pronounce sentence. 80 the two
rrfsoners were committed 70 the Tornbs- Ths
two bankers received the adverse verdict $40
icalIy and without sign OF emotion Mrs Morss
also bore up bravely. but Mrs Curtis. who has
broken down several times during the last two
trying days. was able TO control ner 1eeinsS
only by a mighty effort
The tIrv,s verdict OF guilty Is based on nfty-
three counts. Of which twenty-three charge mis-
application Of the banks funds and thirty allesa
the making OF false entries The maximum pun
fshnent as fixed by federal statute. IS ten years
on each count and the minimum is five years II
is within Judge HOugh's power. therefore 70 I'M
nose a sentence OF $50 years az hard labor on
each prisoner. There Is no alternative OF a fms
for either the nisappHcation or false entry con-
vfctiOns-
Morse and Curtis were taken 10 the TOn1os BY
United States Marshal William Henkel and sew
eraI Of his deputies. Mrs Curtis accompanied
her husband The prisoners were not hand
cufred As the iron portals changed on the two
bankers Mrs. Curtis was hurried away by
friends.
on arrival at the Tombs the two prisoners
were turned over to Night Warden Jones who
took the pedigree OF each They we're then
searched carefully and assigned 70 cells on the
seventh tier. where there are a number Of other
federal prisoners They will be allowed 20 send
out for their meals TO have them served by
the prison caterer
SONS NOT ALLOWED TO SEE MORSE
No one was allowed to see the two bankers
last night Mr. Morse's two sons visited the
prison but were not allowed 70 see their father
or even to communicate with him The two
prisoners probably viii be admitted 70 bail this
morning when counsel viii begin active prep
arations for new trial or appeal The ap-
neal lies to the United States Circuit Court =
Appeals.
should Judge Hough follow the cust0mary
precedents Of the federal courts trs imposing
the drastic punishment singled oUt BY Congress
for violatorS Of the federal banking laws he
will probably sentence the two men on the first
count OF each offence named by the jury sus-
pending sentence on the remainder, OF impose
sentence simply on one count setting aside tns
remainder In view Of the recommendation =
not improbable that the court Will give the
former bank president the minimum punish
ment on the mIsapplicati0n and false entry
counts which Is five years
Some OF those who have followed the trial ars
inclined to the belief that Judge Hough VIII
sentence the lice king to the maximum on one
count ten years. suspendfng sentence on the re-
mainder. A consensus OF opinion OF SIX Weu
known federal lawyers vas that Judge HOugn
nd
II was Just 5.45 O'Clock when word began TO
creep through the federal building that ths
jury had reached a verdict The mere runnOr
was sufficient to empty the corridors OF every
one interested in the case. and moment later.
on the word OF John F Elder, the foreman.
Judge Hough was sent for. and the defendants
were brought into court
WHEN GUILTY" WAS PRONOUNCED.
AT 5-5S o'clock the jury fled 4nto their box.
and the solemn mlen OF the twelve men sent ths
whisper around the room in an instant.
Guilty The clerk called for the verdict and
IL was given. and the jury was then p0Iled
Motion for bail was immediately offered BY
counsel for both defendants. but Judge Hough
refused TO entertain any motions at all. and,
briefly thanking the jury. he dismissed them
until this morning. when sentence viii De pro-
nounced-
Within an incredibly short time aftsr the hr-x
had given its verdict. Judge Hough had COM
mitted the two prisoners to the Torbs and ad-
JOurned court until this mornings session ana
inside OF very few minutes more the sntirs
courtroom was cleared The jurors scattered
without a seconds delay. and made a sDssd,
exit from the building All refused to discuss
the case After going 20 the Astor House for
their belongings. the jurors went home for tns
first time in three weeks
Isidore- EIbe. OF the Morse Curtis tu-v. when
seen at his home. No. 1881 Madison avenue. Iast
night. said:
The cause OF the delay on the part OF the
jury due 70 the fact that there was con-
siderable discussion as to the validity Of ths
charge Of conspiracy ON the first ballot which
was taken on the charge OF conspiracy alone.
the jury stood TO for acquittaL
Six ballots were taken, each time the num-
Der dvfndled IN opposition 20 the vote for ac-
quittal until all were for acQuittaI on the sew
enth ballot There was az time any cues
tion as to the other two charges the jury beins
unanimous in their ballot for conviction The
verdict was in no sense q compromise. since ths
charge OF conspiracy was definitely disposed %
before the other two charges We're taken up. and
there was no argument as TO conviction on those
charges.
The jurors TO a man sympathized with Mr
Curtis throughout believing that he vas used
as a tool and in way guilty himself in ths
beginning In giving its verdict il entered
clause asking for some consideration for Curtis
inasnuch his part in the general business
mannuvring was always subordinate one. hs
acting under the direction of others
Throughout the discussion OF the various
charges the jury was at all times a friendly Ona
Nothing approaching acriUony crept in
Alfred Capen. another juror when seen at hss
home No. 114s Park avenue. last night. said