The Ogden standard. [volume] (Ogden City, Utah) 1902-1910, 1909-12-30
JUDGE DENIES new
TRIAL FOR MORSE

New York. Dec. 29-Only a techni-
cal shadow now stands between Chas-
". Morse, banker and one time ice
king. and a flfteen-year sentence In
the federal prison at Atlanta.
Judge Hough today denied his mo-
tion Tor new trial. but Martin w
Llttleton, his counsel announced that
on that stand would be taken. Tomor-
row he will appeal for 4 writ Of er-
TOT He viii then begin the New
Year. serving his service for viola
tion OF the national bank laws, the
supreme court OF the United States
previously refused TO interfere in the
case.
Mr.. LIttleton's recent application
for 4 new trial for Morse was made
on the ground that the jury was I'M
properly guarded and that some OF
the jurors drank to excess in the
trial.
With respect to this charge, the
court holds that the fact that the
jurymen were in the custody OF Sc
cTet service men instead of regular
deputy marsbals was well known TO
both counsel and jurors when the
trial began. The court also notes that
more than year has elapsed since
Morse was convicted and sentenced
and that a writ of certiorari has been
denied by the United States supreme
court
so far as the record of these az
f1dayits shows" says Judge Hough's
memorandum, there was nothing
concealed or secretive about the ap-
Of nd
not been urged that merely because
they were not regularly on the mar
shals STAFF, they were not eligible
for selections"
Those Drinking Charges.
AS to the drinking charges Judge
Hough said
Legislation must advance a good
deal before a prisoner may claim TO
be entitled TO jury of tectotallers
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 US
ual lives, and that the afidavits sub
mitted by Morse's counsel showed
merely that In the entire trial only
twenty bottles of liquor and some In,
dlvidual drinks had been consumed
by the jury And IL Is not intended
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.
rs by the defendant alleged TO have
been himself so Sodden with drink
as TO be incapable OF clear, cool and
undisturbed judgment"
AS to the charges that the jurors
were permitted to read newspapers
with hostile" accounts Of the trial,
Judge Hough said:
Newspaper Reading.
This case was dull. IL took long
time TO exhibit necessary preliminary
facts, newspaper accounts we're in
complete and incorrect, but there Is
no evidence that they were hostile
OF biased as often probably to AFFECT
the minds of men quite able TO per
ceivc their incompleteness and in
correctness Unless all reading OF
daily journals by jurors is unlawful,
this point requires no further con-
Sideration.'
Mrs. Morse, who has remained con.
stantly loyal to her husband through
out his fight for freedo. is greatly
upset by the turn OF affairs today. If
he must serve his sentence, 1t is said
that she probably will accompany him
south.
Mr.. Littleton's motion for a writ OF
error on Judge Hough decision acts
as a temporary stay Of execution.