The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1908-11-06

leaning on MS arm ne was given d
rousing cheer. The approving shouts
| followed him all the way down the
long corridor, which was lined on either
side by men and women. After he had
| gone the crowd still waited, hoping 10
! get another look at Morse, but he re-
mained inside while his attorneys be-
gan preparations to file writ of error
| in effort to have their client re-
| leased on bail this afternoon. Should
| they fail to obtain the writ and the ad-
mission of Morse to bail, the prisoner
| will be taken back to the Tombs.
| Morse was taken to the Tombs at 1
| o'clock this afternoon. At that time 1t
| was announced that no application for
| his release on bail would be made to-
| day.
Verdict of the Jury.
New York Nov 6.-Charles w.
Morse, one time ice king" steamship
/ king" and the controlling force in
| long string of banks of this city, whose
| personal fortune, a little more than a
year ago. was estimated at more than
| S22, 900, 900. and Alfred H. Curtis, former
president of the National Bank of
| North America, spent last night in
cell in the Tombs prison. They were
convicted yesterday in the United States
| court of violations of the national
| banking laws in connection with their
conduct of the National Bank of North
America of which Morse also was an
officer. Today, when they arose sim
ultaneously with hundreds of others in
the grim city prison they faced the
/ possibility of many years behind iron
grated doors. Sentence had been de-
| ferred until today when the jury re-
turned It's verdict last night, but it was
only a few hours away when they
| tumbled out of the rude hunks in the
narrow cells this morning at a call of
| command from the guard who had pa
trolled their corridor on federal tier
! Dot 4 l.. -n1 foi
ly restful night according to the prison
guards. They occupied cell 726 which
contains two hunks, one above the 9TH
er. The cell is six feet wide and eight
feet long. Morse occupied the lower
berth. 1t was early evening when the
two men settled down for their first
night behind bars. and they soon tired
of the attempt to while away time sit
ting in the narrow quarters. Both
sought their berths early, but 1t was
after midnight when the heavy breath
| ing from the cell told the guard who
paced the corridor that both were
sleeping. From that time until on no
other sound came from the cell.
With the first call this morning both
4 men awoke and a few moments later
were pacing up and down the corridor
outside their cell. When the regular
prison breakfast of coffee and rolls was
served Morse and Curtis accepted their
share like every other prisoner in the
| TOmbS. They asked no special priv
iege. Much of the time up to the hour
set for them to appear in the United
States court for sentence was spent in
reading the newspaper accounts of the
closing scenes in their trial yesterday
Within five minutes Of the time the
jury had rendered it's verdict Judge
Hough had refused to entertain a mo-
tion for bail and had committed the
two bankers to the Tombs prison. The
Judge said that he would hear any mo-
tions the lawyers for the prisoners de-
sire to make at 10:30 o'clock this morn
ing. The federal statutes provide a
| minimum penalty of five years i'm
| prisonment for misapplication of funds
No alternative but Imprisonment is
provided for conviction on the charge
| of falsifying the books of bank. The
| maximum penalty on this charge Is ten
| years imprisonment. The jury recon-
mended clemency for Mr.. Curtis, but
made no recommendation in the case of
Mr. Morse.
The scene in the court room was dra-
matte. Mrs. Morse and Mrs. Curtis had
remained in the court room nearly all
day awaiting the verdict. Mrs. Curtis
showed signs of giving way to her
emotion a number of times and once
when the jury returned to the court
room to receive instructions on the
manner in which the conspiracy charge
/ should be considered, Mrs. Morse broke
down and sobbed.
A large crowd had hurried into the
court room to hear the verdict. Mr..
Morse and Mr.. Curtis stood before the
Judge while Foreman John Elder was
reading the verdict and their wives sat
near them leaning forward in a tense
! attitude to catch every word.
I'VE have agreed upon a verdict in
the case of both defendants" said the
foreman in a subdued voice. "On the
l charge of conspiracy we find them not
: guilty
A look of relief came to the faces
: of the prisoners and their wives. but
it lasted only moment. for Mr.
5 Elder continued:
} "On the charge of the misapplica-
2 ton of the funds of the bank we find
both defendants guilty On the
Z charge of making false entries in the
books of the bank we find both de-
: PENDANTS guilty. In the case of AL
' fred H. Curtis the jury wishes to make
] strong recommendation to the
. mercy of the court"
A sitting sob of relief escaped Mrs
< Curtis as she heard the recommenda.
2 tion for mercy for her husband. Mr.
= Curtis took the verdict like a stole
( but Morse was unable to conceal the
e disappointment he felt, while his wife
2 showed no signs of emotion. She KEEP
her eyes on her husband, forgetting
herself.
/ There was a momentary hush il
2 the court room. This was broken by
: buzz of excited conversation and
few minutes later the lawyers for the
I defense were making the customar!
motions for a new trial, for bail anC
for permission to take an appeal Il
the circuit court of appeals.
Judge Hough said that he would
hear the motions today when the pris
oners are arraigned before him to b'
sentenced. He then dismissed th'
jury. Mr.. Morse and Mr.. Curtis wer'
! accompanied far as the Tomb
prison by their wives
+ There has been wide interest in th'
. Joint trial. 1t was brought out in tn
: testimony that Morse had made larg
/ loans from the bank through so
q called dummies and that Presiden
v Curtis had enabled him to do SO
a The money thus obtained was used t.
i finance the Morse ice pool and steam