The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1908-11-06
JURY RECOMMENDS a
CLEMENCY FOR CURTIS
Dramatic Scene Is Witnessed In Court
When the Verdict Is Brought In,
and Counsel for Defense
Moves for New Trial

New York, November 5.-Charles w.
Morse, until a year ago dominant figure
in the world of finance. and Alfred ii.
Curtis, former president of the National
Bank of North America, were found
guilty tonight in the criminal branch of
the United States circuit court on charges
of misapplcation of funds and falsifyng
the books of the bank. There was also
the additional charge of conspiracy
against the prisoners, but the jury ac-
quilted the men on this count.
Within five minutes of the time the jury
had rendered its verdict, Judge Hough
had refused to entertain motion for bail
and had committed the two bankers to
the Tombs prison. Judge Hough said that
he would hear any motions the lawyers
for the prisoners desire to make at 1880
o'clock tomorrow.
The federal statutes provide minimum
penalty of five years Imprisonment for
falsifyng the books of a bank and PEN
atty of two years Imprisonment for mis-
application of funds. No alternative but
Imprisonment is provided for conviction
on the charge of falsifying the books Of
the bank. The maximum penalty on this
charge is 10 years Imprisonment
The jury recommended clemency for
Mr.. Curtis, but made no recommendation
in the case of Mr. Morse.
Dramatic Scene.
The scene in the courtroom was dra-
matte one. Mrs. Morse and Mrs. Curtis
had remained in the courtroom nearly the
entire 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 courtroom
- receive Instructions nAfhe manner in
wlieh the conspiracy chafse@should be
,eeasidered, Mrs Morse broke Swn and
sobbed.
1t was evident by the excitement of
court attendants some minutes before the
jury fleG in that verdict had been
reached. This was quickly communicated
TO the principals in the case. This gave
Mr.. Morse and Mr. Curtis time to pre-
pare themselves and to speak words of en-
couragement to their wives.
A large crowd had hurried into the
courtroom to hear the verdict. AS the
doors leading to the Jury room were
thrown open silence fell upon the crowd
1t could be seen from the solemn faces of
the jurors that an important verdict was
to be delivered
Foreman John Elder responding to the
customary question of the court clerk,
read the verdict Mr.. Morse and Mr..
Curtis stood before the jury while Mr..
Elder was reading the verdict.
Verdict Announced
I'VE have agreed upon a verdict in the
base of both defendants" said the fore
man in a subdued voice. "On the charge
of conspiracy we find them not guilty.
A look of relief came to the faces of
the prisoners. but it only lasted a
ment, for Mr. Elder continued: "On the
charge of the misapplication of the funds
of the bank we find both defendants
guilty. on the charge of making false
tries in the books of the bank we find
both defendants guilty In the case of
Alfred II. Curtis the jury wishes to make
a strong recommendation to the mercy of
the court
stified sob of relief escaped Mrs. Cur
tbs as she heard the recommendation for
mercy for her husband. Mr.. Curtis took
the verdict like a stole, but Mr.. Morse
was unable to conceal the disappointment
he felt, while his wife showed no signs
of emotion She kept her eyes on her
husband, seemingly forgetting herself and
being concerned only on his account.
Motions BY Counsel.
There was a momentary hush in the
courtroom after the verdict had been read.
This was broken by buzz of excited
conversation in the courtroom, and few
minutes later the lawyers for the defend
ants were making the customary motion
IN, triu for ie.
sion to take am appeal to the circuit court
of appeals.
Judge Hough said that he would hear
the motions tomorrow morning, when
the prisoners are arraigned before him to
be sentenced. He then dismissed the jury
and in an incredibly short time after the
verdict had been rendered the courtroom
had been cleared of spectators
MI Morse and Mr.. Curtis were accom-
panied as far as the Tombs prison, sew
eral blocks away. by their wives The
prisoners were then locked UP for the
night.
Interest In Trial.
There has been wide interest in the
Joint trial of Charles w. Morse and AL
fred FL Curtis on charges growing out of
the failure of the National Bank of North
America 1t was brought out in the tes-
timony that Morse had made large loans
from the bank through so-called dunn
Alnies' and that President Curtis had
abled him to do so. The money thus OBJ.
tained was used to finance the Morse ice
pools and steamship operations.
The feature of the trial was the putting
of Morse on the stand. For day and
half the financier occupied the witness
stand and endeavored to explain the
transactions which brought him to trial.
The mastery manner in which he parried
the questions of the federal attorneys
won him the admiration of the spectators.
1t had been confidently predicted by law
yers. however. that the jury would return
verdict of guilty
Statement of Prosecution.
United States District Attorney Slim
son. who has had charge of tile prose
e,itton OF Morse and Curtis, said, aftes
Inc prisoners had been taken to the