The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1908-11-07
New York Banker Is Sentenced
By Judge HOugh
WRIT OF ERROR IS GRANTED
1t Is Not Certain That Morse Will Get
a New Trial and He Must Remain
In Prison Until Bail
Is Granted.

New York. November 6.-From cell
in the Tombs prison Charles w. Morse
now directs the efforts of his counsel to
secure his freedom, he having today been
sentenced to serve 10 years in the federal
prison at Atlanta for misapplication of
the funds of the National Bank of North
America, and making false entries in the
books of the bank. Alfred II. Curtis, for
mer president OF the defunct bank, who
was Jointly tried and convicted with
Morse, was given his liberty today on
suspended sentence.
While Morse's lawyers Immediately ap-
piled for and secured stay of 10 days
after sentence had been imposed, still it
is probable that Morse Will remain pris-
oner in the Tombs until Monday, as Judge
Hough has refused to ad the financier
to bail. The Morse lawyers Iate today ap-
piled to the United States circuit court
of appeals for a writ to show cause why
their client should not be admitted to bail,
and the writ was granted, but it is not re-
turnable until Monday; hence it appears
that Morse must remain prisoner until
the question of bail is settled on that
day.
Whether a new trial will be granted
Morse is problematical Judge Lacomb
granted writ of error to the Morse law
yers today. This writ is returnable De-
cember 8, and is based on the usual
grounds-exceptions taken by the defense
during the trial and exceptions to the in
dictment itself. This step had to be
taken before application for bail could be
made, and it also leads to the argument
for a new trial. The Morse lawyers say
their client has instructed them to fight
TO the last ditch.''
Morse Sentenced.
Charles w. Morse, whose sensational
rise in the financial world dazzled Amer
lea, was sentenced today to serve Is years
in prison for misapplicaton of the funds
Of the National Bank of North America,
of which he was a director and controlling
owner. Alfred II. Curtis former presi-
dent of the bank, who had been Jointly in
dicted with Morse, and with him found
guilty by jury in the federal court yes
terday, was granted the cemency recon-
mended by the jury. In his case sentence
was suspended. A stay of execution for
10 days in Morses sentence was granted
upon application of counsel, and it is ex-
pected that an appeal from both the con-
viction and the sentence will be taken i'm
mediately.
The scene in the court room when sem
tence was pronounced by Judge Hough
was a most dramatic one. The wives of
fhN fx1yn ,Ffe xxyl,a n laar
attendants at court during the entire
trial, were present early today, as if
anxious to cheer their husbands by their
presence in the trying ordeal which con-
fronted them. When the real test came
however, it was the husbands and not
the wives who proved the comforters.
Morse sat like stole when he heard the
words which condemned him to prison.
There was scarcely the tremor of an eye
lid and to those who watched there was
no longer even the shadow of a doubt
that the little man. was, indeed man
of iron nerve. Curtis, too, accepted the
news which came to him-good news in
his case-with the same lack of emotion
that characterized his former chief. But
the strain had been too great for the
women.
Mrs. Morse CoIlapses.
AS the truth of what Judge Hough's
words meant flashed through her mind,
Mrs. Morse, who through all the trying
days of the trial had preserved an un-
ruffled demeanor, collapsed in her seat,
buried her face I'm her hands and began
to sob convulsively. Still weeping she was
led away to ante-room where a
moment later her husband held her in his
arms and sought to console her Nor
was Mrs. Curtis any more prepared for
the nervous strain than Mrs. Morse. Mrs.
Curtis, within the rail, gazed intently at
Judge Hough as he began to speak. She
had been Ill and several times during the
trial had been forced to leave her place
in the court room. Today her face was
drawn and white, telling of night of
mingled hope and fear. while her husband
remained away from her behind the bars
of a prison cell. When the judgment of
the court-the most favorable for her
husband that could be g1ven-was pro-
nounced she tainted and would have
fallen had not kindly hands supported
her
Rest In the Tombs.
Morse and Curtis passed fairly restful
night In the Tombs, where they occupied
Il cell together. and early this morning
after breakfast of plain prison fare they
We're taken to the federal building by
Marshal Henkel and to the court room
long before the crowds began to gather
They appeared to be cheerful and chat
ted with their keepers and their friends
while the minutes licked slowly away
More than an hour before the time set
for convening of court crowds began to
throng the corridor of the federal build
ing and flock to the room, hoping to wit
ness the closing scenes OF the sensational
case. Mrs Morse and Mrs. Curtis were
among the early arrivals. Mrs. Morse
came first accompanied by her stepsons.
She greeted her husband affectionately
and the two boys shook their father
hand warmly. Next came Mrs. Curtis
She threw her arms around her husband
kissed him and then sank into seat
besides Mrs. Morse and the boys. From
that time on the crowd gathered quickly
until at 1880 o'clock there was no vacant
seat in the court room and the corridors
outside We're filled. The lawyers for the
defense had scarcely taken their place
within the railing before court formally