New-York tribune., 1908-11-10
MORSE STILL IN T0MBS
NAY DECIDE Bail TO-DAY.
Assets Would Not Pay Debts, Coun-
sci Says, an Plea for Small Bond.

In the argument for the release of Charles w
Morse on bail heard yesterday in the United States
Circuit Court of Appeals. counsel for the con-
victed banker presented affidavit from the
..;ce king" and one from associate, declaring
thar Norse's fortune gone and that in sense
he impoverished.
The application yesterday for Morse's release
pending an argument on the writ Of error, already
obtained which is returnabie December ; Morse
was not in court although a large crowd had gath
cred in front Of the Tombs see the ice king
brought
Wallace Macfa-lane presented Mr Morse's case.
while Henry L. Stimson, the United States At
.orney who obtained Norse's conviction before the
lower court appeared for the government. Mr.
Stiuason vigorously opposed the granting Of bail
The judges sitting were Laconlbe, presiding. and
Weird and Coke The court took the briefs after
hearing argument and probably viii decide the
question to-day.
Mr Macfarlane. N opening his argument, asked
for additional time further proof Of
the writ already obtained Mr., s5imson said that
he had objection, and the Court granted the re
guest
Mr Macfariane after referring 70 the facts in the
case quoted a number of cases in which the United
States Circuit Court % Appeals ha0 granted bail
convicted bank officers pending the hearing OF an
appeal He went TO say that Morse was no
longer rich man. and argued that II exornitant
bail asked IL would amount 10 the same
thing as refusing bail as his client would not be
abse 10 obtain II. Counsel said that Morse would
have to depend his friends 10 provide whatever
han the Court might require. The statement that
Mr.. Morse is millionaire is false. said Mr. Mac
farisne-
7 have sn affidavit here continued B1r. Mac
farfane, from Mr.. Morse himself. who states that
he IS not & very rich man. and have also aft
davit from my associate. who has charge of Mr..
Morse's affairs. supporting Mr.. Morse's affidavit
As matter OF fact Mr.. Morse is in sense
impoverished. and his assets would not pay his
debts and II IS doubtful If they would. He
IS now on $1,000 bail the state court, and was
until his conviction in $4,000 bail to the federal
courts.
Mr.. Macfariane said that the only apparent OBJ
lection 10 bail was the fear that Morse would
away -sfr Morse Is not the kind OF man who r7lns
away" said Mr. Macfarlane. When he was i'll
dicted he was on his way Europe, but he came
right back 10 this country soon as he learned of
his Indictment
Citing TIE case Of John r. Walsh the Chicago
banker who was convicted on ffty-four counts SEN
tenced 10 five years in prison and admitted to bail
Norse's counsel said that the Walsh case SINH
lar Mo-se's case The sentence imposed on
Walsh vas much fitted TO the crime than the
ruthless sentence imposed in this case. which was
almost unprecedented he added.
Mr.. stirnson. in argUng against bail. said that it
ridiculous for Morse 10 pose poor man.
when according TO his testimony at the trial
he had done business with the National Bank of
North America in less than three years amounting
more than S550oo1oO and had kept daily balance
OF $4,000
This prisoner knows the difference said the
United States attorney. between sojourn in Paris
and scjourn which the law may have in store for
him here" Nj Stinnson then went on TO say that
few rich men like Morse had been convicted of
barking frauds in this district. and that the ma
jority Of these prisoners had fed the country when
released on bail He cited number of bail jump
ers" including RosenthaI in the silk fraud cases.
Greene ana Cavnor and Boss Tweed. The crimes
for which Morse was convicted are not extraditable
heffa that rba -frv1 of +g-,- hail in u
case this character should exercised if at all
by the trial Judge said Mr Stirnson- He is the
who is familiar with the position Of the
defendant and his views, MS discretion and his de-
oision are entitled 70 great weight. Judge Hougfl
denied the application for bail and stated the Two
controlling causes IN his decision-frst as 10 any
reasonable ground % error. and second the effec-
uveness of bail 70 produce the defendant when the
final decree OF the court s o be passed"
In case the court decided 10 accept bail Mr..
Stinson said he had suggestion to make as to
the amount. but he thought that prison limits
should be set. and likewise 4 limit to the time the
bail was 20 that the appeal proceedings
would not be unnecessarily delayed He also be
heved he said that the decision the trial judge
should have great weight with the higher court.
Morses confinement in the Tombs does not seem
10 interfere greatly with his business He con
ferred length yesterday with his LAWYERS and
visited by several members Of his family, Mrs
Morse had little tiff with the Tombs rnatron who
insisted that The bankers wife remove her ve1
The natron had her way. Morse stiH keeps up his
nerve and is said believe that he viii be ont on
bail soon