New-York tribune., 1909-12-30
MORSE LOSES AGAIN
Continued from first page.

Mt no ouaranteed with Jurors in any
litigation. "A fair representative Vi 'ho
county is all either party can oehaiiu
in the absence of special legislation. iho
court finds nothing to substantlate lio
charge that the jury was incapacitated
because of permission to use liquor III
unlimited quantities, or that IL o'u i,o'
properly understand the nature OF iho
issues presented for It's consideration.
,As for the Juror who was said 10 De
..mentallv disqualified" from discharg-
ing his duties. Judge Hough says 'ia'
while it may be true of him now ne ao-
Quilted himself we'll when examiner lor
selection to the jury and that ne pole
a mans part" while member OF H.
s'If it were not for the affidavit OF one
DIR. Thornley," says Judge Hough. there
would be nothing to connect his present
condition with that of OCTOBER iooo
This man. who describes the juror poth
as his friend and patient. gives without
the Jurors knowledge alleged scandal
Gus details. extending back to 1871 II
is most extraordinary document Tor
physician to sign, but, taking II at Iuii
worth, it cannot prevail against the evil
dence of fellow jurors, who freely exhlnit
facts inconsistent with mental incompe-
tence a year ago"
Judge Eough finds but little ground
for the contention that the jurors were
Ilnduly prejudiced and influenced ny
hostile newspaper attacks on the dc
fendant during the trial The evidence,
he says, does not show that the news
paper accounts were hostile or biassed,
but rather incomplete and inaccurate.
Upon receiving the information that
Judge Hough had denied the application
for a new trial Mr.. LittIeton applied to
Judge Ward for a new stay of sentence.
This was refused. United states At
torney Wise and Felix Frankfurter, who
represented tie governments special
counsel, Mr.. Stimson, then held a con-
ference with Mr.. Littleton, and it was
arranged that a motion for a writ Of
error should be made to Judge Lacombe
Tomorrow
Should Judge Lacombe refuse to grant
the writ Morse may see the old year out
on a railway train in the company of
United States marshals. Mr.. Wise said
the government was perfectly willing to
give Morse every possible opportunity TO
take advantage of any benefit of the law,
but that if the writ We're granted the
government would ask that the argu-
ment be heard Immediately.
MRS. MORSE'S LONG FIGHT.
On Mrs. Morse, the wife of the former
''ice king" the blow of the adverse de-
cision of Judge Hough will fall most
keenly. All through his financial troubles
and through his fight to escape an exile
OF fifteen years in prison she has been
answering in her belief that her hus-
band would win in the end and has been
unremittipg in her devotion to him.
Whatever she could do to cheer and
encourage him during his two long So
journs in the Tombs she has done with
a bravery and persistence that have
drawn forth as much attention and ad-
miration for her grit as has been ex-
tended to Morse himself in his long
fight. No sacrifice appeared to be too
great no effort too arduous for Mrs.
Morse in helping out her husband.
Shortly after Mrs. Morse, who was
divorced from her first husband, Charles
F. Dodge, married the banker who was
then approaching the zenith of his ffnan-
cial success, they moved into the fine
house at No. 12S Fifth avenue. While
Morse was in the Tombs last March Mrs.
Morse sold not only the handsome fur
nishings of the house, but all her jewels,
and even her furs, in order 10 raise ready
money to continue the fight for her hus-
bands release.
She discharged the large staff of SER
wants and got along with only one maid.
Then on June II, a few days before
Morse got out OF the Tombs on bail, the
house in Fifth avenue was sold at auc
ton under foreclosure proceedings.
When he did get out of the Tombs. on
June 16, he gave the credit for his re-
lease to his wife, who had been unfiag-
ging in her efforts TO obtain the S125,000
bail fixed by the court.
The United States Circuit Court of
Appeals had ruled that IL would accept
bond if twenty-five persons whom
Mrs. Morse had induced through her
own efforts to sign a petition for her
husbands release would each guarantee
an indemnity Of $1,000 II was a hot
granted, and many of the petitioners had
left the city. Mrs. Morse took upon her
self the job of seeing that her husband
should not spend another night in the
Tombs. For hours she worked unceas-
ingly calling at the Offices of friends and
associates of her husband, appealing to
the judges and consulting with Morse's
lawyers.
MAY APPEAL TO PRESIDENT.
At last all hope seemed gone. Mrs
Morse had obtained only nineteen sig
natures TO the bond Nothing daunted,
she again made a visit to Judge La
cOmbe, and pleaded so forcefully that he
finally agreed TO accept twenty bonds
men. eighteen for $4,000 each, one for
$4,000 and one for $4,000.
On October II, when the United States
Circuit Court of Appeals denied his ap-
peal from the fifteen year sentence and
Morse had to go back to the Tombs, it
was Mrs. Morse who led in the work to
get him out again on bail. The effort
failed. Mrs. Morse has visited him dailv
and planned over with him the campaien
to regain his liberty.
1t is not without the bonds of possi
bility that Mrs Morse may carry out an
intention attributed to her of appealing