New-York tribune., 1909-11-12
JURORS INDIGNANT
DENT DRINKING TALE.
Motion for Horse Trial To Be
Heard Wonday.

As tho result OF the hlins OF papers 5v
the counsel tor Charles ". Morse in a mo-
tion for q new trial, alleging as a reason
for u that the jury which found him guilty.
was not At 10 render a verdict, there wes
an indignant lot Of jurors IN the city yes
terday.
e. Wilson Atkins. an engineer employed b.
the j. NJ. Pierce Company on ths New York
Central terminal, who Was No. IN th~
box, denied that there had been any dis
order or intempsroncs. In few instances
he said. the men had a drink OF whisksy
or beer. but there was never any gambling
Il did not notice any whiskey bottles ana
dii not st any time suspect any man Of
being intoxicated. There were no poker
parties" said Mr.. Atkins. ION one occasion
when We went down to Coney Island W..
stopped at one placs FOE a drink Beyond
this there was no liquor on thar trip"
Edward Q. Burgess. an engineer living a.
No. ga West ueth street. another Juror
denied that any Of the charges we're true
He said that the msn drank a little beer
and whisksy. but in no case more than one
drink night. A table water On which one
OF the jurors was interested was used for
the most part. Mr.. Burgess added thar al
OF the reports about the jurYrnsn we're
grossly exaggerated on several occasions
juror Shirk. he said. was suffering from
lumbago. he was helped into ths trial
rooIa and was often in pain during ths
progress Of the trial
John T. Elder. another OF the twelve, Of
No. 1si CIar-mont avenue. said that there
was no intoxicatiOn among any os tbs
Jurors.
George Endieott. an Insurance. man. %
Ne. al West 11Sth street, said that all his
companions on the Jury were level headed
men and there was no discussion OF tho
trial With the marshals. He did not know
of any gambling nor hear OF any quant,-
ties Of liquor being smugslsd into the
rooms.
Isidor Elbe. an Insurance broker, OF No.
50 Liberty street said that he had served
On number Of tuFies but had never met
a more sentlemanly lot OF men than those
who passed on the Morse evidence. He
added that the men occasionally took
drink and that they snioyed a LITTLE outdoor
liberty, bug In no case showed the slightest
intoxicatiOn.
Gordon Wendell. a merchant, OF No. i09
Worth street, characterized the charses
against his companions as childish. Hs
did net take q drink during the trial. hs
said. and did not spend all of bis tims a.
the hotel, as he was in bad health and had
% 60 TO his home nearly every night.
Charles 7. Shirt. whose name was men
TONED in Mr.. Littleton's papers. said that
the story OF excess afEeng the Jurors must
Rave been started BY some sissruntled
agent who had been discharged aftsr a DE-
tail to watch the jury. lie Indignantly de-
MED that there was any drunkenness Mr..
shiFk said that the jurors were gentlemen
who had carefully weighed every detail Of
the evidence presented. lie added that on
one occasion he had been taken sick with an
acute attack OF lumbaso which neeessitatsd
treatment by a doctor. Then he was puJ
on diet Hs characterized the general
eEaFse Of drinking and gambling a. false.
The stay in the Morse case of forty days
viii expire on November Il, when, unless
another delay Is granted. the convicted man
will be taken TO the federal prison al At
lanta, 20 serve his sentence OF fifteen years
The papers IN the writ for review OF the
ease, upOR which the stay waz granted, will
be presented 10 the United States SuDrsuls
Court on Monday. and Il was expected yes
teFday that tle court would pass on the -
plieation before the expiration OF the STAY
IL was said yesterday that ne new stay
would be asked fer