The Roswell daily record. [volume] (Roswell, N.M.) 1903-current, 1909-11-22

Sndt9cS mtSCoU0oCt OF JuFoFS-
New York, Nov. 22.-Sensational
charges of misconduct against the
jurors who convicted C. w. Morse
were made by Attorney Martin w.
Littleton when he appeared before
the Circuit Court of Appeals today to
demand a new trial for his wealthy
client. Morse is now under sentence
of fifteen years in federal prison for
illegal banking practices. Littleton
is confident of securing a new trial,
but if he fails, he will push his ap-
peal to the United States Supreme
Court.
Mr.. Littleton makes several amaZ-
ing charges, and declares he has
proof in the shape of ~affidavits, of
everything he says.
He charges taat at the the
verdict was reached, which resulted
in the financier being sentenced to
fifteen years imprisonment, one ju-
ror was suffering so much from the
effects of alcohol that ne was unable
to stand and was lying on a cot in
the jury room. He has an affidavit
from the juror himself to this effect.
He charged hat another juror was
throughout the trial mentally incapa-
BILE of considering the involved evil
dence, as he had been several times
an inmate of sanitariums because OF
| ailments following alcoholic excuses.
He has afidavits from physicians and
relatives attesting to this.
And not only these two men, but
most of the members Of the jury and
most Of the twelve guards drank
whiskey together daily and nightly in
| The Aston House, where they were
| quartered, according to the lawyers
allegations.
And on Sunday and holidays. he
declares, they all went about togeth-
er and drank literally, going TO Co
ney Island in an automobile. to Sta
ten Island, to Van Cortland Park and
10 various hotels. and treating each
other TO beer and whiskey wherever
they went. Botn jurors and guards
admit these trips, the attorney says.
In addition to this state of affairs,
J Mr.. Littleton asserts that the guards
who attended the jurors Were openly
| ~prejudiced against Morse. and didn't
hesitate to tell the jurors how they
felt. The head attendant, in fact,
| Morse's attorney says, remarked: Il
hope they m that fellow to Jail,
and I'd like to nave the job OF TAX
ing him there"
II am basing my appeal on the fact
| hat the Law says a defendant in any
| sort of a suit must have the clear un-
prejudiced and unclouded judgment of
twelve of his peers" Mr.. Littleton
said. II think | can prove beyond a
| doubt that Mr.. Morse didn't ave the
u~nclouded judgment of these jurors
| at least some of them. I have an affi-
1avit from a juror admitting that a
few hours before he voted guilty he
was under the attendance of a doc
tor noted as a specialist in alcoholic
| cases. And the federal prosecutors
| knew this too.
Il never heard of sucn a condition
| among jurors and their attendants.
And these men, drinking whiskey con
~stantly, were to pass upon evidence
so complicated and involved taat
the court itself admitted II was very
| hard to understand"
Mr.. Littleton said that ever since
| the trial of Morse, which concluded in
November, 1908. various persons told
him of unusual goinGs on between
the jurors and their attendants. He
| put these statements down as the i'm
agings Of cranks, he sad, until re-
| Gently. when Morse's sentence of ff-
teen years Imprisonment was affirm
ed. Then he investigated and, he
said, was amazed to find hat the con-
ditions described to him were alto
gether true>s