The Montgomery advertiser. [volume] (Montgomery, Ala.) 1885-1982, 1908-10-28
MORSE CASE FAILS.
JUDGE HOUGH DIsMxssEs CHARGE
OF CONSPIRACY.


New York, Oct. 27-The defense in
the case of Charles w. Morse. finan-
cier, and A II. Curtis, former presi-
dent of the National Bank of North
America. who are on trial In the
United States court here. scored sew
eral telling points today.
The presentation of evidence by the
prosecution had been concluded before
adjournment of court yesterday and
the defense before opening it's case
had made motions to have the tndict-
ments against their clients quashed.
These motions were denied. but after
hearing arguments on motions TO
strike out certain specific portions Of
the indictments, Judge Hough ruled
in favor of the defense.
BY his direction, two counts of the
fndictment-one charging conspiracy
and the other mis- appropriation
were stricken from the records. IN
diminishing. the conspiracy charge
Judge HouRh said that from the evil
dence which had been adduced ne
could not see how the minds OF the
two defendants could act In concert
In view of the evidence he said ne
could not permit verdict on the con-
spiracy count and therefore he direct
ei that the conspiracy charge De ais
missed.
The count in the indictment charg-
ing nisappropriations in connectlon
with a $50. 900 note given In payment
for stock purchased from mF' t w,
also was dismissed by Judge Housh
-. che Ground that there was no evil
dence of criminality. .,.A
rho mart of the Indictment which
rauains and which Judge Hough re-
t,sea 10 dismiss when application was
roaSe by counsel for Morse. aileseS
false reports, misapplication: over
certtfication. AMI the use OF Lullos -
Sanositors for speculative purposes;
~, axneeted split between Charles
M Morse bank promoter, hnancier ana
.ica trust" organizer. ana AlLrea n
s.,,rtis president of the National D ahA
- Nth America both of whom are
49, indictments charging them JOINT
=, Nth violation-of the National nank-
tng laws came today with the sWeaI
ing in of Curtis as the nrst Withoes
for the defense in the. trlal eeloae
Judge Hough in the onlleo
court here. ...r ,rss,dent
- tbe suspended Bank of North Am
erica to the stand In his own oenaH'
ESornar Judge William K. Olcott, Cur
t,s,s attorney, announced that ne ma
nersuaded his client Ito tell the 1Accs:
INV client hopes" said he. that ms
Testimony will not injure any OF ene
other directors or officers VINO haa 70
a. with the management of the analrs
- - pank of North America. 1t is
ut his purpose to point his finger at
anv one Individual and say you ala
n NOT T. he will however, tell the
facts and state things as they really
happened. i ....,,oony nv
raIafinar his early career in the BANK
ing business. He had started AT tn e
age of fourteen In the ONCE OF a wan
street broker, he said, graduating Ten
years later to q clerksnip TO tne banA
of the state of New York, the insIl-
Nut,on purchased by Morse and merged
with the Bank of North America.
There he had advanced through the
various grades to the position OF CASH
Ter In which capacity he had over
certified checks to the amount OF $4O'-
OOO. 900 he declared.
Morse was, at the time. vice presl-
dent and director of the bank. During
an absence abroad. Mr.. Morse was oe'
posed by President Edwards. Upon
his return he obtained control of tht
bank by purchasing a majority of the
stock and after ousting Edwards, in
stalled Curtis as president. Morse
the witness testified carried balance
of between 100000 and $4,000 with
the bank and had brought a great
many customers and depositorS TO II
When the Carroll loan of 1000 shares
of ice stock had come up for renewal
In the name of Braun. of Primrose
and Braun. Mr.. Morse had instructed
him the witness said. to put it through
telling him he would stand back of II
and guarantee 1t. At the time, Curtis
testified. he supposed Morse to be q
very rich man, having heard hi:
wealth estimated at $22.000.0O0. Il
was therefore not extraordinary, hi
thought, that he should accept Morse'i
guarantee as fully protective.
The witness then went into details
relative to the transaction whereby
1000 of the 1000 shares of ice securi
ties held by the bank had been sold II
Mrs. Gelshenen and later disposed o
by her at a profit of $24,5S0. The re
naming 1000 shares had also Melted {
profit of s24.5S0 and this Mr.. Morse
had turned into the bank, refusing t.
accept 1t for himself. alth ough clearl.
entitled to 1t.
Other loans with ice stock as col
lateral had been made by the witness
he declared, notably those to David
son Brown. but always after Mors
had signifed that he stood back o
them. An adjournment was taken a
This noint until II o'clock tomorrow