The Washington herald., 1909-06-15
PLEADS FOR MORSE,
CONVICTED ICE KING
Littleton Calls Him Benefac-
tor, Not Bank LOoter.
BEFORE COURT OF APPEALS
Asks No Element of Mercy
as He Reviews transactions which
Lead TO Arrest of Banker-FOrmer
Federal District Attorney Appears
in Court TO Oppose Appeal.

New York. June H-Arguing that
Charles w Morse was a benefactor and
not a looter Of the Bank OF North Amer
lea in his ice stock transactions, Martin
W. Llttleton this afternoon concluded a
half days appeal before the United States
Circuit Court Of Appeals from the sen
tence OF Judge Hough Of fifteen years
imprisonment. Following Mr. Ldttleton.
Henry L Stimson. who was Federal dis
trict attorney at the trial. appeared as
special attorney general TO oppose the
appeal Judges Lacombe. Cox. and Nor
ris sat IN hearing
Mr.. Llttleton asserted that he asked no
element OF mercy to temper justice. and
that II the judges believed Morse's con-
stitutional rights had not been invaded IN
the indictment and trial he invited a
sentence stripped OF all mercy. He began
by saying that he did not appear as the
counsel OF Morse. the audacious bank
president, the man whose record was
colored. whose reputation was distorted.
or who was victim Of persecution, but
OF Morse. the citizen. 10 present his cause
according TO the established forms OF the
government. and according to the system
laid down by the government in regulat-
ing the rights Of citizens.
transactions In True Light.
Mr.. Littieton's very lengthy argument
reviewed MOrse's transactions IN the
Bank Of North America. and insisted that
all the Ice pool deals brought in by the
government at the trial last fall were
regular He declared that the govern
ment had distorted the import OF these
ice pools to suit their arguments; that
the pools We're perfectly proper il looked
at from the right angle. The lawyer said
that II they had not been presented by
the government. he would call them ''sa-
tanical"
On the first ice pool, Mr. Littleton as
serted. Morse had made $4,000. which he
could have pocketed, but which ne turn
ed into the bank. the officers and direc-
tors accepting H. Before the ice deal. he
said. the bank had held notes OF John f
Carroll which the successful cOnsumma-
ton OF the pool had paid up He as
serted that Morse had turned paper Sc.
pool profits into actual cash for the bank
AS 10 the governments claim that IN
entry Of the Carroll loan was. In efIec
a false entry. Mr.. LittletOn declared thu
II could not stand against the proof pr
sented that 1000 Of those shares ultimat
ly went 10 Davis & Brown. Oler. Poo
and Mrs. Gelshenen. He took up IN
the Leslie z. Whiting loan OF $500.
which the other 2.ooo OF the Original
shares were hypOthecated-
why the government did not ls
this a false entry cannot understar
said Mr.. Littleton, because IL Is, IN
feet. identical with other transaction
labeled"
LfttIetOn Is Aroused.
Lack Of time" and tho laconic
from the former district attorney brc
d broadside from Mr.. IIttleton.
Timer" he said There was tins
the inferential dragging IN OF other
actions on which no proof was OF
all to give a malodorous aspect I
dealings OF this man"
In his argument Mr.. Stimson du
the differences between the FEEDER
state banking laws, which broug
easily TO joint attack on Morse az
tis. declaring that they started in
their bank in Wall street and tc
entirely as an aid TO Morse in his
enterprises. The bank funds we
according 10 his view OF the case
stocks. which the law expressly
He divided what he regards
transactions into four distinct di,
First, putting the bank IN the
latiOn; second, putting Il IN the
Of making a series OF purchas
own stock; third. putting II in 4
ship consolidation enterprise. ana I.-.
the various manipulations Immediately
preceding the panic OF 1907.
Mr.. StimsOn vigorously opposed Mr.
LittletOn's contention that Morse was not
responsible either actually or morally for
the false entries made on the bank
books.