Omaha daily bee., 1909-12-30
LAWYER AXIS WRIT OR ERROR
There seems Little Probability That
This Will be Granted.
JUDGES HoGH REVIEWS CASE
Says Affidavits Submitted Do Not
Justify Another Trial.
CHARGES AGAINST JURORS FAIL
Allegation That They Were Drunk
During Progress of Trial in Not
Observation-Disclosures Az
firmed by. All Court.

NEW YORK, Dec. 29.-Only technical
legal shadow now stands between Charles
W. Morse, banker and one time ice king,
and a ffteen-year sentence in the federal
prison at Atlanta. Judge Hough IN the
United States circuit court today denied
his motion for a new trial, but Martin w.
Littleton, his counsel, announced that one
more stand would be taken. Tomorrow he
will move in the circuit court for writ
Of error on Judge Hough's decision of to-
day II this is denied Morse win begin Cne
New Year serving his sentence for viola
ton OF the national banking laws, the su-
preme court of the United States having
previously refused to interfere in the case.
MIR. Iittleton's recent application for a
new trial for Morse was made on the
ground that the jury was Improperly
guarded and that some Of the jurors drank
to excess during the trial With respect
to this charge the court holds that the fact
that the jurymen were in the custody Of
secret service men instead of regular dep
uty marshals was well known to both
counsel and jurors when the trial began
The court also notes that more than a
year has elapsed since Morse was con-
victed and sentenced and that the judg-
ment had been affirmed by the Uni el
States circuit court of appeals and writ
Of certorari had been denied by the
| United States supreme court.
Judge HOugh's Memorandum.
80 far as the record of these affidavits
show" says Judge Hough's memorandum,
'there was nothing concealed or furtive
about the appointment of these men and
it has not been urged that merely because
they were not regularly on the marshal $
staff they were ineligible for selection"
As to the drinking charges. Judge Hough
I says that Legislation must advance good
| deal before a prisoner may claim to be en-
titled to jury Of teetotalers, in New York
! at all events"
Judge Hough points out that it was by
| direction of the court that the Jurors be
| permitted 10 lead their usual lives and
! that the affidavits submitted by Morse =
counsel showed merely that during the en-
tire trial only twenty bottles of liquor and
some individual drinks had been consumed
by the jury.
And II is not pretended that any one
was at all Intoxicated" adds the court.
IAN parties agreed" the memorandum con-
tinues, that no liquor was served to the
jurors after the case had been given to
them.
the defendant as to the drinking habits OF
the jury" says the court, 'is by the de-
fendant alleged to have been himself So
sodden with drink as to be incapable OF
clear cool and undisturbed jungment."
NewspnpC- Accounts Unbiased.
As to the charges hat the jurors were
permitted to read newspapers with hos
tile" accounts of the trial JuGEo Hough
said:
This case was very dull; it took a iung
time to exhibit necessary preliminary
facts; the newspaper accounts were incom-
plete and incorrect, but there is no evil
dence that they were hostile or biased, as
even probably to affect the minds of mer
quite able to conserve their incompletenesS
and lncorrectness. Unless all reading OF
daily journals by jurors is unlawful, this
point requires no further consideration"
Mrs. Morse, who has remained constantly
loyal to her husband throughout his figh
for freedom, is greatly upset by the turr
of affairs today. If he must serve his sen
tence, it is said that she probably will ac
company him south. Mr.. Litteton's mo-
ton for writ of, error on Judge Hough''
decision, however, acts as a temporary stay
of execution.