The enterprise. [volume] (Harlem, Mont.) 1899-1926, 1910-01-05
CHARLES W. MORSE Is DENIED
MOTION FOR A NEW
TRIAL.
TO OVERTHROW LONG SENTENCE
Council Will Ask for Writ Of Error
on Courts Decision-This Last
Chance Failing, He Will
Begin Prison Life.

NEW 1OTk, OoC. OU.-Ou1y q IoCAuA>
cal legal shadow now stands between
Charles w. Morse, banker and one
time ice king, and the 15-year sentence
in the federal prison at Atlanta.
Judge Hough, in the United States
circuit court, denied his motion for
a new trial, but close upon the heels
Of the decision, Martin w. Littleton,
his counsel, announced that one more
stand would be taken. He moved in
the circuit court for a writ of error
on Judge Hough's decision. If this
is denied, Morse will begin the new
year serving his sentence for VIOLA
ton of the national banking laws,
having previously refused to interfere
in the case.
Mr.. Littleton's recent application for
new trial for Morse was made on
the ground that the jury was imprOp.
erly guarded and that some of the
jurors drank to excess during the trial.
With respect to this charge the court
holds that the fact that the jurymen
were in the custody of secret serv.
ice men, instead of regular deputy
marshals, was we'll known to both
counsel and jurors when the trial be.
gan.
The court also notes that more than
a year had elapsed since Morse was
convicted and sentenced and that the
judgment had been affirmed by the
United States circuit court of appeals
and a writ of certiorari had been de.
MED by the United States supreme
court.
Northing Concealed.
$50 far as the record of these aft
davits show" says Judge Hough's
memorandum, there was nothing con-
cealed or furtive about the appoint
ment of these men and it has not been
urged that merely because they were
not regularly on the marshals staff
they were ineligible for selection"
AS to the drinking charges, Judge
Hough says:
Legislation must advance good
deal before a prisoner may claim to
be entitled to jury of teetotalers, in
New York at all events"
Judge Hough points out that it was
by direction of the court that the
jurors be permitted to lead their Gus
ual lives" and that the affidavits sub
mitted by Morse's counsel showed
merely that during the entire trial
only 20 bottles of liquor and some
individual drinks had been consumed
by the jury. "And it is not pretended
that anyone at all was 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, lis
by the defendant alleged to have him
self been so sodden with drink as tt
be incapable of clear, cool and undis
turbed judgment
AS to the charges that the jurors
were permitted to read newspapers
with hostile accounts of the trial
Judge Hough said:
1.-THE case was very dull; it took {
long time to exhibit necessary prelimi
nary facts; the newspaper accounts
were incomplete and incorrect, bu
there is no evidence that they wer'
so hostile or biased as even probabl!
to affect the minds of men quite abb
to perceive their incompleteness ant
incorrectness. Unless all reading o
daily journals by jurors is unlawful
this point requires no further consid
Grafton"
Mrs. Morse, who has remained con
stantly loyal to her husband through
out his fight for freedom, is greatly ur
set by the turn Of affairs. If he mus
serve his sentence it is said that sh
will probably accompany him South
Mr.. Littleton's motion for writ Q
error on Judge Hough's decision. how
ever. acts as temporary stay Of exc
cution.
H. A. futile Named President.