New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1908-11-05
JURY HAS MORSE CASE
LOCKED UP FOR NIGHT
Judge Hough, in Charge, Condemns
Newspaper Trials.

A1frod II curtis for alleged misrepresentation Of
the funds Of National Bank of North America
as well as for Decentralization and Conspiracy
was locked cd for the night at the Astor House at
$40 o'clock last night without having arrived at a
verdict The Jury had received the case at 3
O'Clock in the afternoon, Judge Hough VIII con
vene court at o'clock this morning
As soon as news reached the courtroom that the
Jury had been locked up for the night Mr.. Morse
his friends and counsel at once left the federal
building Mr. Curtis not In court at the time
having gone home for dinner and not returned
The jury went the Astor House between and
I o'clock for supper
The last day Of the trial brought large number
Of spectators TO the courtroom. and among them
were many women. United States Attorney Slim
son finished his summing up for the government
soon after u o'clock and then Judge Hough began
his charge to the jury.
While Judge Hough was speaking. Mrs Curtis,
who has been a constant attendant at the trial,
broke down, and. with her head between her hands,
began sob She was taken from the courtroom
by Colonel Robert NJ. Thompson, one Of the bank
directors. Mrs. Morse, accompanied by several
women friends, was in court all day, as were Mr.
Morse's three sons, the eldest of whom was &C
companied by his bride.
When court convened yesterday morning Mr.
Stimson went with his summing Up for the
prosecution. The government lawyer spoke for
nearly two hours, and then. after the usual re-
quests by counsel, Judge Hough began his charge
to the jury.
In referring to the Knickerbocker Trust Com
pany note for S200.O0O which signed by Ed
ward B. Wire. cashier Of the National Bank OF
North America at the request of Morse and the
/ late Charles T. Barney the prosecutor TOOK occa-
sion to condemn Morse and the transaction in no
uncertain language. In going TO Mr.. Wire. who
( dared refuse to sign the note and thereoN
forcing the unfortunate cashier TO put his head IN
a moose Mr.. Morse was guilty Of low, con
temptible and act argued Mr. StiInsoh-
The government attorney closed with denuncia-
ton of the S12S00O check which Morse gave TO f.
Augustus Heinze on October Is of last year rms
was simply the Morse way of forcing the bank to
make the loan to Henze after curtis htu ieiuSeu'
said Mr.. Stimson
F-V-C,onpressman Charles f. Iittlefeld of coun-
! sci for Morse and Judge Hough had a little TN
! while Mr. Stlmson summing up Mr.. Little
/ field had made a remark TO Mr. StmsQn "lthoU'
! first addressing the court IF you have anything
! to say kindly address the court said Judge
/ Hough I was calling the attention of the
| United States attorney began Mr. lAttleheld
i11ry7ping TO his feet Just call my attention. If
| you please" interrupted Judge Hough. Its more
/ in keeping with the practice" The ex-Congress-
man from Maine has had several tits with Judge
/ Hough during the trial.
In regard TO Mr. Curtiss defence, Mr.. Sumson
said it was a plea for mercy than for justi-
fcation Commenting Mr.. Littlefed's state
uaept that Morse was the guardian angel of the
/ bank" Mr.. Stimson sarcastcally remarked that
/ Morse was sufficiently the banks guardian to bring
another guardian angel TO the bank in the person
! of Mr.. Barney.
! Judge Hough began his charge with criticism
eff the press declaring that it was to protect the
| jurors from printed comments, incorrect reports
and loose statements which got into the newspapers
that he decided to lock the jury up. His reference
/ 70 the press follows:
For nearly three weeks you have been practi-
! calIv deprived your liberty, deprived of the
society of your families and obliged to devote your
attention TO matters wholly outside Of your ordin-
arv business and pleasure, which matters have
! nevertheless been the subject of much public in
, terest and too much printed public notice. The
/ court would willingly have relieved you of the
annoyance. but the unusual public attention which
the case has excited the pronounced course OF not
few public journals this city concerning it, and
! the imperfect and sometimes unfair reports con-
corning the matters here on trial. rendered it not
only proper but necessary in the interest of justice
1 that YOU be protected from popular feeling, loose
conversation and the irresponsible talk OF casual
acquantances whether in favor Of the prosecution
/ the defence
"Tt is the duty of the court point out that one
of the painest duties of owners Of public Journals
is TO abstain pending any trial, from statements
| or comments calculated to interfere with the due
administration Of justice and to leave those who
are brought from their daily vocatons to admin
lister Justice between the community and the indt-
vidual to the law and the evidence given IN the
! court. and nothing else"
Strirped of all its verbiage, Judge Houghs charge
| was simply that the jury must determine whether
! the ice steamship and bank stocks bought were
! really the property of the defendant Morse or OF
the bank If the latter, and Curtis so understood
. it Judge Hough ntmated that the accused men
were guilty If the stocks those of Morse
and so understood by both Morse and Curtis, Judge
! Hough's instructions for the jury to acquit
both