New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1909-10-12
MORSE LOSES APPEAL
FIFTEEN YEARS IN JAIL
LOOMS NEAR.
Goes Back to Tombs Pending His
+ CounSePs Application for
Writ of Certiorari.

his old cell, No 712. which he occupied for seven
months pending his appeal to the United States
Circuit Court of Appeals from the fifteen years
sentence. The court sustained the verdict yes
terday upholding ten of the ffty-three counts
on which he was convicted by the jury. As
only ten counts were sustained the decision
gives measure of comfort to Mr. Morses
counsel, Martin W. Littleton. and there were
some expressions in the courts opinion that
were also believed to give hope of ultimate vic
tory.
AS the first move in the renewed fight for
Mr.. Morse's release Mr.. Littleton obtained
stay of forty days in which to apply to the
United States Supreme Court for a writ OF
certiorari. Should he get this writ the decision
of the court yesterday will be reviewed The
application will be made on October is at Wash
ingtOn- Counsel for the convicted man will
deavor TO get the consent of the court to a
newal of the S125.0OO bail bond, but Henry L.
Stimson. who has been specially retained by
the government, having prosecuted the case
while United States Attorney will oppose this.
The decision of yesterday puts a sudden stop
to Mr. Morse's efforts 10 ehabitate his fortune
II was said that Of the $8,000.O00 liabilities
which he was said to have incurred he had paid
all but 100000. Mr.. Morse his counsel said,
took the decision with the imnfobility of granite.
Mrs. Morse heard the report quietly Then
she turned away and wept silently Mr.. Little
ton informed early in the day that the de-
cision was ready. He went to Mr.. Morse's office.
and together they went TO the Federal Building.
where the convicted man was surrendered to
United States Marshal Henkel
While the successful effort to get the forty
days stay was in progress Mr.. and Mrs. Morse
We're in the marshars office patiently waiting.
The former banker would not talk TO reporters.
but Mrs. Morse came out 10 see them The de-
cision was terrible blow, she said.
I'VE confident that the finding of the
lower court would be reversed she declared.
Il have read the finding Of the court, and
think there is a loophole in it which will give
us chance 10 prolong and make a better fight.
My husband is a brave man. and will contest
this TO the end until he gets his release. for he
is perfectly innocent"
MRS. MORSE OVERCOME.
Mrs. Morse tried to go on, but burst into tears
and was led back into the room by one of Mr..
Morses sons.
1t was just before O'Clock that Mr.. Morse
and Marshal Henkel took Mrs. Morse's electric
automobile for the Tombs. Morse was as calm
as Il on his way to his office Even when the
doors of the Tombs clanked behind him he did
not falter. Mr.. Littleton spent more than an
hour with him later in the evening mapping out
the course to be pursued in the new proceedings.
Mrs. Morse went back to her home in a taxicab
Judges Lacombe, Coke and Ward were sitting
yesterday morning when the court convened.
Judge Lacombe handed down the decision
which closed as follows.
We fully realize the consequences TO the defend
ment, ana yet we cannot doubt that he was given
fair trial and the verdict the fourteen counts
udiced person can read the record without being
convinced that by. the defendants procurement
2 and he
Of the Ice Securities Company. and by his pro-
the reports to the Controller as to these transac-
tions were so arranged as to conceal the truth
and TO record transactions which in reality never
took place.
In the body of the decision the assertion of
Mr.. Littleton that the sentence was excessive
in view of the fact that Curtis, who was presi-
dent of the National Bank of North America
received only FIVE years and then had sentence
suspended, was reviewed by the judges who
concurred in the whole finding. They said that
this consideration should be addressed to the
President upon application for Executive elem
ency. as the court not permitted to con-
slider it.
A lawyer prominent in federal practice said
yesterday that if the application for writ of
certiorari failed and Morse was compelled 10
serve his sentence, he would be cvIy dead
and would be incompetent to transact legal
business. This meant he said, that all of the
reconstructive work of Mr.. Morse would have
TO stop abruptly if the prison at Atlanta re-
ceived him, although some arrangement might
be made by means of which agent would be
able to continue TO administer the property.
But without Mr. Morse" it was said "the out
look would not be bright with him at the
helm"
CASE TOO COMPLICATED FOR JURY.
In the decision the court agreed with Mr.
Littleton that a jury was not the proper body
TO pass upon complicated a case, but the
Judges said that a complaint on this score
should be addressed to the Legislature. IF the
Jury" the court says. experienced the same
difficulty as this court in adapting the voIum-
nous proof to the various charges they must
have found the task most arduous and per-
picking one" Along this same line the court
says:
technical knoWiedge requires the employment OF
experts and the outlay OF large sums of money
amount to a denial Of justice These cOnsidera-
tions If presented 10 congress may M inauGe some
stands there seems TO be no limit to the
number of counts which person accused OF vio-
lating the national bank act may be required TO
meet
Mr. Morse and his wife read the courts find
ing over several times. and it was in these
paragraphs that they found some hope Copies
were distributed TO Mr.. Stimson. United States
Attorney Wise and Mr.. Littleton. The decision.
after referring to the jury's difficult task and
10 the Curtis verdict. took up the contention Of
Mr. Littleton that the trial court committed
fundamental error in submitting on the mis-
application counts Intent TO deceive" which
were not in the indictment II says:
Count 90 and all the misapplicaton are
alike in this respect alleges that the defendants
sIInIawfulv knowingly and fraudulently. and with
intent 10 tnture and defrald the said National
Banking Association did wilfully misapply
tain of the moneys, funds and credits OF the said
National Banking Association and In there being