Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1910-01-24
To Secure Freedom Is
Foundry Morse's Counsel
Indictment Against F. Augustus
Heinze Is QuaShed
And Morse's Counsel Is Confident
Decision Fits His Case.

New York. Jan. 23.-Charles w.
Morse the fallen banker, now serving
term of IL years in the federal pris-
m at Atlanta Ca, has not given up his
fight for freedom.
His counsel, Martin W. Llttleton.
said Saturday night that decision OF
Judge Hough Saturday in quasillng an
Indictment against f. Augustus HelnZe
may ap,,Iy equally to the case OF
Morse.
Heinze was indicted on Oct. u, 1909
for violation of the national banking
law. In ouashing the indictment sat
urdav Judge Hough said:
rrhe common law is that a grand
iurv while celebrating shall listen to
witnesses who give testimony and to
no one else. except the authorized law
officers of tie commonwealth. When
this indictment was under considera-
tion in the grand jury room John 2.
Farnster took part in the proceedings
tn the extent Of asking some technical
cuestions of other expert accountants,
and throughout suggested the method
of examining expert witnesses thought
to be allied with the dcitnGant. MT.
Enrncter is an expert accountant, not
a LAWYER and was not retained by the
prosecution as counSel.
.T,is NAV be good system, con-
Times the court, but it has not been
nrrco before that counsel is entitled
to have at his elbow in the grand jury
room an expert assistant"
After Mr.. Littleton, counsel 1or
Morse had read Judge Hough's decl-
sion he issued statement, in part, as
follows:
ST has been brought to my atten-
ton that the method by which the IN
d1ctments against Morse) We're pro-
cured included the service before the
grand jury of a non-protesslonal OIL
cial. designated by the federal gov
ernment. AS l understand it, the court
has determined that, for similar prac-
tees an indictment against Helnze
shall be ouashed. If l can estapllsh
similar facts in the case of my cllelit'
I shall move that no valid 1ndictlhei'
was found against him.
But whether I can establish sucii
facts or not | expect WITHIN 81 uds9
to apply to the federal court IN Atlah-
IA for a writ of habeas corpus when
will enable me to present to the court
these questions:
First, as to whether the court was
a constitutional court WITHIN the
meaning of the constitution. 1t belnS
conceded that one of the Jurors was
domerted at the time of the trial.
Second. as to whether the detendant
was afforded a trial by an Impartial
Jury. when the jury was overshaooW-
ed and surrounded by the private pald
detectives of the prosecution.
"Third, as to whether or not SEN
tence five years in excess OF the statu-
tory term is a void sentence, upon
which the defendant can be confined.
There are still two indictments pend
mo against Heinze, one of wh1ch
.harges ovcr-certification of the checks
If Otto Heinze & Co. and the other
nisapplication of the funds of the Mer-
,antile National Bank for the benefit of
ieinze himself.
According to Attorney Smith, VINO
,as been assisting the United states
district attorney in the prosecution, the
,rashinc of a third Indictment Satur-
lev will merely result in the delay IN
.ldent to obtaining new indictment
,nder the conditions imposed by the
ourt. He believes he has sufficient eV-
dence to do so without the assistance
# a lay expert.