Evening star. [volume] (Washington, D.C.) 1854-1972, 1909-10-11

O~~ONA
States circuit court of appeals today
affirmed the decision of the lower federal
court sentencing Charles w. Morse, the
former banker and steamship capt. alist,
to fifteen years Imprisonment in the
federal prison at Atlanta, Ga.
Mr. Morse appeared at the office of
the United States marshal soon after the
decision was handed down and surrender
ed himself. He remained in the mar
shal's office while his counsel. Martin
w. Littleton, asked the circuit court Of
appeals for a stay in the execution of
the sentence pending further proceedings.
The court later in the afternoon granted
a stay Of forty days in the execution OF
the sentence.
The decision Of the circuit court Of ap-
peals is final SO far as direct appeal Is
concerned. 1t was said that counsel
for Morse may apply to the Supreme
Court Of the United States for a writ
of certiorari in order to bring about a
review of the entire proceedings by that
court.
Appeal to Supreme Court.
At the office of the counsel for Mr..
Morse it was said that the case would
be taken to the United States Supreme
Court. and an application for bail would
be made. Meantime Mr.. Morse will be
sent to the Tombs prison. or might be
sent to Atlanta to begin his sentence
unless the circuit court of appeals in
New York grants a stay in the execu-
tion of his sentence.
Morse was convicted Of violating the
national banking laws in misapplying
the funds of the National Bank of
North America Of which he was presi-
dent, at the time of the financial panic
of 1907 He was charged with making
false entries on the banks books. He
was sentenced November 8. 1908, after
a long jury trial.
The United States circuit court Of ap-
peals in it's decision rendered today
says:
I'VE fully recognize the consequences
to the defendant which must follow an
affirmance Of this judgment, and yet we
cannot doubt that he was given fair
trial, and the verdict on the fourteen
counts was amply sustained by the proof.
No unprejudiced person can read the rec
ord without being convinced that py the
(National Bank of North America) bought
its own stock and the stock of the Ice
Securities Company, and by his procure
ment the entries in the bank book and In
transactions were so arranged as to con-
ceal the truth and to record transactions
which In reality never took place
Indicted in March, 1908.
Morse was indicted in March. 1908, on
| T. ho nj
contained twenty-nine counts, compris-
States government, the making Of false
funds of a national bank. 1t was charged
that Morse, with others. was engaged in
a pool that was manipulating the stock
Of the American Ice Company.
AS the result of this pool. United
States District Attorney Stimson declar-
ed Morse and his associates became pos
SCISSORS of large blocks OF Ice stock. and.
finally. getting near the end of their re-
sources, went to the National Bank of
North America and secured money to
continue the speculation. The govern
ment alleged tnat from time to time
! 81 2OO, 900 of the banks money was used
for this purpose. To conceal these trans
actions. Mr.. Stimson said. fictitious loans
were made on the banks books. with
the ice stock really bought with the
banks own money.
Paid OF Many Debts.
After his original sentence Mr.. Morse
| obtained a writ Of error, which brought
| his case before the circuit court of ap-
| peals for review. Arguments on his ap-
| peal began last February and did not
| end until June II. when the judges re-
| served decision and admitted the de-
| fendant to $125,OOO bail. furnished by
| twenty Of his friends.
June II Mr.. Morse was released from
| the Tombs. where he had been confined
| since October. 1908. Immediately he
| plunged into business, as II a long prison
| term were not hanging over him. and
| during the past four months his financial
| rehabilitation was rapid During that
| time he is reported to have paid of
$5.O00OO0 of his $1,000. 900 Indebtedness
| and to have regained control Of a large
part OF his extensive steamship interests.
Morse Not Cast Down.
''Mr. Morse is keenly disappointed that
Judgment against him was not reversed y
said his lawyer. Martin w. Litteton to-
day, but he has faith that II will be
when the case IL brought before the Su
Dreme Court Of the United States. He II