New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1909-12-07
MORSE LOSES AGAIN
PRISON DOORS NEAR.
One Chance More to Escape
Fifteen-Year Sentence.

Charles w. Morse has lost again. The
United States Supreme Court denied yes
terday the application for a writ of certi-
orari made last month by the former
bankers counsel. Martin W. Littleton. who
asked that the highest court review the
judgment OF the federal court here. Mrs.
Morse heard of the adverse decision inn
mediately after il was handed down. and
hurried TO the Tombs to see her husband.
Morse has one more chance TO escape serv-
ing his sentence. Permission for an argu-
ment for a new trial may be granted by
the United States Circuit Court. and Mr..
Littleton is getting ready to make the
necessary motion
II was on November 5. 1908. that Morse
was sentenced TO spend fifteen years in
the federal prison at Atlanta. Unless the
court comes to the rescue again he will
have TO start on the long journey in ten
days. A stay of that length was granted
when the last appearance was made be-
fore the United States Circuit Court of
Appeals for permission to apply for new
trial.
Mr.. Littleton asked for permission 10
make this motion for a new trial on the
ground OF newly discovered evidence. He
asserted that the jury that convicted his
Numerous affidavits were furnished TO
back up his contention. The court granted
leave TO make the motion, and as soon as
he can get judge to hear the case Mr..
Littleton will make his last attempt for
the freedom of Morse.
Its up to the marshal" said Henry l..
StimsOn counsel for the government. yes
terday.
IL was learned that il was up TO the
Circuit Court TO decide whether II had
jurisdiction. whether there was any
ground for hearing the motion. Counsel
for the government may argue that the
court has no jurisdiction. Should the
court decide to hear the motion cOun-
sci for the convicted man will ask for a
further stay. and If this is granted there
will be a renewal of confidence in Morse's
final success.
But il was learned that if the motion
for a new trial is made. the counsel for
the government will at once ask that the
stay be vacated This last struggle for the
liberty OF Mr.. MORSE will be a bitter one.
The arguments in June on the motion for
a new trial were lively. Pending the de-
cision. Morse was released on June 16 ON
sl25.ooo bail, given by twenty Of his friends.
The decision was not handed down until
"
pired on October 9. was renewed on Octo-
Der Z.
When the motion for a new trial was de-
MED. on october u. Mr.. Littleton gave no.
tice of his intention to apply 10 the Su-
preme Court for writ of certiorari. and
the Circuit Court of Appeals gave a stay
Of forty days. This was extended later to
the time Of the decision on the application
for the writ. From October u Morse has
been in the Tombs. On November l2 Mr..
Littleton asked the Court of Appeals for
permission to apply to the Circuit Court
TO hear a motion for a new trial on the
newly discovered evidence which was
granted on November %. and that is the
last card in the deal for liberty to be
played.
Morse. while at liberty on bail, was said
ness He was elected president of the
Hudson Navigation Company and il was
said that the Metropolitan Steamship Com
pany passed under his control. II was in
f. corpOrated i'm Maine while he was out on
bail. and ne was elected one of the di-
rectors Friends said that i'm a few months
more OF liberty Morse would have sue
cteded in freeing himself from debt.
The former banker was visited in the
Tombs yesterday by deputy marshal who
served him with papers i'm suit brought
by J. kearney Rice. as trustee i'm hank
ruptcy for the Consolidated Arizona Smelt-
ing Company. This was after the visit of
Mrs Morse.