Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1909-12-30
PRISON DOORS
YAWN FOR MORSE
Only a Technical Legal Shadow
Stands Between Ex-Banker
And the Penitentiary.
PETITION FOR TRIAL DENIED.
His Wife, Who Has Been Very LOYAL
To Him, Much Upset by Turn
or Affairs.

New York, Dec. 29.-Only tcchni-
cal legal shadow now stands between
Charles w. Morse. banker and onc-timc
ice king. and a 15-year sentence In the
federal prison at Atlanta.
Judge Hough In the United states
circuit court today denied his motion
for new trial, but Martin w Little
ton. his counsel. announced that ono
more stand would be taken
Tomorrow he will move in the circuit
court for n writ of error IL this is de-
MED Morse viii begin the new year
serving his sentence for violation of the
national banking laws, the supreme
court of thd United STAGES having
previously refused to interfere In the
case.
Mr. Litteton's recent application for
a new trial for Morse was made on the
ground that the Jury was improperly
guarded and that some of the jurors
drank to excess In the trial.
With respect to this charge the court
holds that the jurymen were in the
custody of secret service men instead
of regular deputy marshals WAS well
known to both counsel and jurors when
the trial began. The court also notes
that more than year has elapsed
. since mOTSc WIS convicted ana ScnIe0C-
ed and that a writ of certiorar has
been denied by the United States
supreme court.
$50 far as the records OF these af-
.ndavits show" says Judge Hough's
Memorandum. there was nothing con-
cealed or secretivc about the appoint
ment of these men and IL has not been
urged that merely because they were
mot regularly on the marShaO Staf
they were not eligible for selection"
As to the drinking charge, Judge
Hough SAYS
Legislation must advance a good
deal before n prisoner may claim to
be entitled to a jury of teetotaers In
New York at all events
Judge Hough points out that 1t was
BY direction OF the court that the
Jurors be permitted to lead their
'"usual lives" and that the andavits
submitted by Morse's counsel showed
merely that In the entire trial only
% bottles OF liquor and some Individual
drinks had been consumed by the jury.
And 1t Is not contended that anyone
was at all intoxicated" adds the court
All parties agreed the memorandum
continues, that no liquor was served
to the jury after the case had been
given to them.
"The same juror who has deposed
for the defendant as to the drinking
habitS OF the jury, says the court
is by the defendant alleged to have
been himself so sodden with drink as
TO be Incapable of clear, cool and un-
disturbed Judgment"
AS to the charges that the jurors
were permitted to read newspapers
NTH hostile" accounts of the trial.
Judge Housh said:
This case was dull it took a long
time to exhibit necessary preliminary
facts; newspaper accounts were in
complete and incorrect. but there Is
no evidence that they were hostile or
biased as even probably to affect the
minds of men quite able to perceive
their incompleteness and incorrectness
Unless all reading OF daily journals by
Jurors is unlawful, this point requires
no further consideration"
Mrs. Morse, who has remained con-
stantly loyal to her husband through
out the fight for freedom is greatly
upset by the turn of affairs today II
he must serve his sentence, il Is said
that she probably Will accompany him
south. Mr. Littleton's motion. for a
writ of error on Judge Hough's de-
.clsion, however. acts as a temporary
stay Of execution.