The Montgomery advertiser., 1909-12-07
An Hepe Has Gone.

New York Dec. 6.--Ali the hope ap- parently left Charles W. Morse for es- caping the serving of fifteen years sentence in the Federal prison in Att lanta. Ga. was lost in a motion filed for new trial today with the United States Circuit Court
 The court of conviction will even tually lead to his having, another day In court. Martin Littieton. counsel for Morse, appeared before the court im- mediately upon receipt of the> decision of the Supreme Court of the United States denying Morse's application for . writ of certiorari. and gave notice of the proposed motion.
 Under the forty day stay of sentence previously granted. ten days remain in which counsel may seek e final adjudi- cation of the case in pursuance of the notice of motion for new trial flied today. Should the United States Cir cult Court decide against him in this last instance. service of the sentence will begin on or before December 1s. In the meantime, Morse remains in the Tombs. \ While his application was pending before the highest tribunal MT. Little ton obtained an amendment 10 the mandate to the Circuit Court of Ap- peals here. permitting the Circuit Court to entertain the motion by Morse for a new trial filed today. on the ground that the jurors who convicted him. were not properly guarded during the trial and that some of them in- dulged to excess in intoxicants.
 Charles w. Morse was sentenced on November 6, 1908, to a. term of fifteen years in the Federal prison at Atlanta for misapplication of the funds of the National Bank of America He was re- leased from the Tombs last June on S125, 900 bail, raised chiefly by the ef- forts of his wife, among men high in financial circles. who still believed in the ability of their former associate to ra-make his fortunes.
 While out on bail, Morse Is said to have accomplished much in the way of regaining control of his former exten- sive interests.
 When the United States Circuit Court of Appeals decided against him. about two months ago. he promptly surren- dered himself to the authorities and resumed his life in the city prison. Ills counsel then prepared to take the case to the Supreme Court of the United States.
 Late today Deputy United States Marshal Kaumb visited Morse at the Tombs and served him with prelimi- nary papers in new suit. brought in the United States Circuit Court by J. kearney Rice. as trustee in bankruptcy for the Consolidated Arizona Smelling Company.
 Walsh Case Undecided.
 Chicago. Dec. 6.-The petition of John R. Walsh. convicted banker for writ of review from the United States Supreme Court will be filed in Washington, December 20. This ac- ton, decided on heres today by his counsel. marks the last attempt of the former financier to escape the penalty of five years Imprisonment in the Federal prison at Leavenworth, Kan. John g.. Miller. counsel for Walsh today notified Judge Grosscup that he would make no further argu- ments for rehearing. Unless the highest tribunal stays proceedings, the Appellate Court, before the be- ginning of its next term, January 8, 1910, must issue the mandate or lose jurisdiction over the case.
 Lawyers familiar with the Walsh case from its inception. today com mented on the denial of a, writ of certiorari for the Supreme Court in the Morse case in New Ygk as added | evidence of the difficulty of making successful appeal to the Supreme l Court of the United States for a sim I liar writ in the Walsh case. --------------------