The Washington herald., 1909-10-12

New York. Oct u.-Unless the United
States Supreme Court grants a writ of
certorari TO Charles w. Morse, the con-
victed banker must within forty days go
to Atlanta. Ga, there 10 begin the service
OF fifteen years Imprisonment IN the
Federal prison.
To-day the Circuit Court Of Appeals
affirmed the conviction by the jury In
the United States Circuit Court in the
trial OF Morse for misapplication OF the
funds OF the National Bank OF North
America and the making OF false entries
in the books OF the bank and IN reports
to the Comptroller OF the Currency.
After the decision OF the higher court
had been handed down. Martin w. Lit
Teton, counsel for Morse. asked the court
for forty days stay in the issue OF the
mandate that he might have ample time
TO prepare hts argument in the applica-
ton 10 the Supreme Court at Washing
ton for a writ OF certiorari. The stay
was readily granted.
Surrendered to Marshal
Morse went to the Federal building
this morning and surrendered himself to
United States Marshal Henkel. He was
accompanied by Mrs. Morse and his two
sons, Harry and Benjamin. The pro-
visions OF the s125, 900 bail bond subscribed
to by hts friends and business associates
provided that Morse was 70 surrender
himself when the Circuit Court OF APP
peals handed down its decision.
The fall term OF court opened to-day.
but Il was not expected that a decision
would be handed down so soon. owing 70
Judge Noyes' absence IN Europe. Judge
Noyes heard the Morse appeal with
Judges LRcombe and Coke. but he has
been in Brussels during the summer in
attendance at the maritime conference
and It has been the impression that he
had not yet arrived at any opinion In
the case. This impression was strength
ened when Morses new bail bond. hint
ing at a possible delay OF decision by
the Court OF Appeals and providing for
the bankers release until Il was handed
down. was filed a few days ago. Il was
evident that both Morse and his counsel
were taken by surprise at the sudden turn
the convicted mans affairs had taken.
and q conference was hastily called IN
Marshal Henkers office.
From II o'clock in the morning until
nearly 8 o'clock IN the afternoon Morse.
Mrs. Morse. and Mr. Littleton were ia
close conference. The banker appeared
the least affected az his plight OF all the
friends who surrounded him. Mrs.
Morse was noticeably affected.
Snapped by Cameras.
Just before O'clock Morse. Marshal
Henkel. and Mr.. Littleton hurried down
10 the main entrance OF the building and
entered Mr.. Morse's electric cab. Before
stepping into the vehicle the banker stood
a moment TO give the photographers an
opportunity TO snap him.
With Deputy United States Marshal
Kumb on the box with the chauffeur. the
party was driven to the Tombs There
Morse was placed IN the same cell he
occupied after his conviction last Novem-
Der. He declined to be interviewed. His
cell IS 10 on the fifth tier, the section
devoted 10 Federal prisoners. His son
Ben ran up a rev minutes later and was
at once admitted
Mr.. Littleton refused TO make any state
ment to-day. except that he would soon
ask the court TO admit Morse TO ban
pending the stay Of forty days In the
Issuance Of the mandate. This Will prob
ABLY De done tomorrow out IL IS regard
ed as doubtful whether the court Will
grant the request.
VIII Oppose Bail.
United States Attorney Wise said to-
day It was against the practice of the
court 10 grant bail after the aflrmance
Of a conviction by the lower court. and
that he would oppose it. Henry L. Slim
son. who has been retained By the gov
eminent as special assistant TO the United
States Attorney General to prosecute the
Morse case, would say nothing for publ
cation.
There IS considerable doubt felt also IN
Federal court circles as TO whether or
not the Supreme Court viii grant q writ
OF certiorari II was authoritatively
stated to-day that not more than between
10 and 10 per cent Of the applications for
writs Of certiorari are granted. Cases In
which they are granted must be Of great
public importance, or they must involve