The Mankato free press. [volume] (Mankato, Blue Earth County, Minn.) 1879-1924, 1909-11-26
DID JUROR HAVE JAG
CHARGES MADE BY ATTORNEY
MARTIN w. LITTLETON.
Claims Condition of One of the Twelve
Men That Sat in Box During the
Trial of Charles w. Morse Was
Simply Fierce; They Participated
in "Joy Rides" to Coney and Staten
Islands.

New York, Nov. 22.-Sensational
charges of misconduct against the
Jurors who convicted Charles w.
Morse were made by Attorney Martin
w. Littleton, when he appeared before
the circuit court of appeals today to
demand a new trial for his wealthy
client. Morse Is now r-der sentence
of fifteen years in federal prison for
illegal banking practices. Littleton
is confident of securing a new trial,
but if he fails, will push his appeal
to the United States supreme court.
Mr.. Littleton makes several amaz-
ing charges, and declares he has proof
in the shape of affidavits of every
things he says.
Juror Was Intoxicated.
He charges that at the moment the
verdict of guilty was reached, which
resulted in the fnancier being sent
enced to fifteen years. imprisonment,
one juror was suffering so much from
the effects of alcohol that he was un-
able to stand, and was lying on a cot
in the jury room. He has an affidavit
from the juror himself to this effect.
He charged that another juror was
throughout the trial mentally incap-
able of considering the involved evil
dence, as he had been several times
an inmate of sanitariums because of
ailments following alcoholic excuses.
He has affidavits from physicians and
relatives attesting to this.
All Drank Whiskey.
And not only these two men, but
most of the members of the jury and
most of the twelve guards drank wills
key together daily and nightly in the
Astor House, where they were quar-
tered, according to the lawyers allie
cations.
And on Sunday and holidays, he de-
clares, they all went about together.
and drank literally, going to Coney
Island in an automobile, to Staten
Island, to Van Cortland Park and to
various hotels, and treating each other
to beer and whiskey wherever they
went. Both jurors and guards admit
these trips, the attorney says.
Guards Were Prejudiced.
In addition to this state of affairs,
Mr.. Littleton asserts that the guards
who attended the jurors were openly
prejudiced against Morse, and didn't
hesitate to tell the jurors how they
felt. The head attendant, in fact,
Morse's attorney says, remarked: 81
hope they send that fellow to jail, and
I'd like to have the job of taking him
there"
81 am basing my appeal on the fact
that the law says a defendant in any
sort of suit must have the clear, un.
prejudiced and unclouded Judgment of
twelve of his peers" Mr.. Littleton said
Il think [ can prove beyond doubt that
Mr.. Morse didn't have the unclouded
judgment of these jurors-at least
some of them. I have an affidavit from
juror admitting that few hours
before he voted guilty he was under
the attendance of a doctor noted as a
specialist in alcoholic cases. And the
federal prosecutors knew this, too.
Never Heard of Such a Condition.
81 never heard of such condition
among jurors and their attendants
And these men drinking whiskey con-
stantly, were to pass upon evidence
so complicated and involved that the
court itself admitted it was very hard
to understand"
Mr.. Littleton said that ever since
the trial of Morse, which concluded in
November, 1908, various persons told
him of unusual goings on between the
jurors and their attendants. He put
these statements down as the imagin-
ings of cranks, he said, until recently
when Morse's sentence of fifteen years
Imprisonment was affirmed. Then he
investigated, and, he said, was amazed
to find that the conditions described
to him were altogether true.