New-York tribune., 1909-12-30
RECORD OF MORSE CASE.

Practically the last bulwark that sep
arated Charles W Morse from long
term in the federal prison in Atlanta
was knocked down Yesterday when Judge
Hough, of the United States Circuit
Court. denied the convicted bankers ap-
plication for a new trial and vacated the
stay cf execution of sentence.
Unless Martin ". Littleton. MOrse's
counsel, succeeds in obtaining from the
United States Circuit Court of Appeals
writ of error and further stay of sem
tence. which is not at ali probable, Morse
win leave the Ibs within few DAYS
at most 10 begin serving his fifteen
years sentence.
Mr. Littleton will make a motion be-
fore Judge Lacombe tomorrow for
writ of error to review the decision of
Judge Housh, but the matter may be re-
ferred to the full Court of Appeals. II
Judge Lacombe sees fit, and Morse's de-
, parture for the South may be deferred
for a few days.
The ex-banker is said to have taken
the decision calmly, but he refused to
make any comment TO reporters. Mrs.
Morse, who has stood by him through all
his desperate fight to escape the conse-
uuences of his conviction for violation of
the ma tional banking laws. spent several
hours with him in the Tombs yesterday
afternoon. When she came away she
appeared greatly agitated, but declared
bravely that the fight will go right
on"
Morse's counsel made the fight for
new trial on the ground that some of
the Jurors were either mentally incom-
petent or incapacitated by overin-
diligence in alcoholic liquors to be fit
to pass upon the questions involved in
Morses trial
NO MERIT. SAYS COURT.
The blow to Morse and his friends
came, therefore, with severer force. be-
cause Judge Hough said that if it were
assumed for arguments sake that juris-
diction did exist" the application was
in his opinion without merit. That juris-
diction did not lie with the court was
pretty clearly indicated in Judge
Hough's decision
That Judgee Hough gave any con-
sideration at all to the application was
due TO what he described IAN attack
on the intelligence, sobriety and tade-
pendence of the jury which fairly re-
olfires comment and decision.'
Judge Hough dismissed the contention
Of Morse's counsel that the special dep
uty marshals assigned to the charge of
th, Jury which sat upon the case of
+aI fo, h.
task or endeavored TO bias the jury
against Morse. There was nothing con-
cealed or furtive about their appoint
ment, which appointment, the court said
was probably due to the inadequacy of
the regular force of marshals.
The court also held that these special
guardians of the jury had no more op-
portunity for creating prejudice than all
other marshals or sheriffs performing
such duties. and added: There is not
a scintilla of proof or even suspicion
that they or any of them endeavored to
create any such prejudice"
ONLY A BOTTLE A DAY
AS to the charges that the jurors were
too plentifully supplied with liquors.
JudCe Hough remarked that the court 5
instructions we're that they were to be
permitted to live their usual lives as far
as compatible with their duties as
jurors. Only twenty bottles and TASKS
and some individual drinks We're con-
sI,rned during their term of service, and
after the case went to the jury for its
decision the usual rule of total absti-
nence was observed; so that the 'unlim-
lied quantity of liquor becomes about
bottle day.
Further comment" adds Judge
iiough. is farcical-unless defendant
has a legal right to d jury of teatotalers
(slcl Legislation must advance a good
deal before such a right can be claimed
in New York at all events
Judge Hough also points out that q