Evening star., 1922-07-31
COURT HALTS CASE
OF IRWIN A. MORSE
Petition of ShipbuiIder's Son
for Habeas Corpus Con-
tinued Until Wednesday.
FIGHTS REMOVAL TO N. Y.
Is Under Indictment on Charge Of
Using Mails to Defraud-Vir-
ginia Proceedings Cited.
FIGHTS REMOVAL TO N. Y.

Justice Hoehling of the District Su-
preme Court today continued until
Wednesday the hearing on the habeas
corpus petition of Irwin A. Morse,
son of Charles w Morse, New York
shipbuilder, to prevent his return TO
the metropolis 10 answer an indict-
ment on the charge of using the
mails to defraud.
This is a similar proceeding to the
one held in Portland. Me-, last Mon
day. when the elder Morse and Ru-
pert NJ. Much. former auditor of the
shipping Board, jointly indicted with
Irwin A. Morse. gave bond TO appear
in New York after Fletcher Dobyns.
special assistant attorney general,
had entered into a stipulation that
the civil suits. pending in Virginia.
by the Morses against the Shipping
Board and the government against
the Morses should be tried before the
criminal charges in. New York and
Washington.
United States Attorney Gordon
offer by counsel for Morse Of the
stipulation rs q settlement of the
matter of the return of Irwin A.
Morse. Mai. Gordon claims that Mr..
Dobyns made the agreement without
his knowledge and consent and with
out the consent OF lHt' ptn-
eral. Fletcher Dobyns was in con-
ference with Maj. Gordon today, but
neither would discuss the matter OF
the stipulation.
Attorney to Present Transcript.
W. Bissell Thomas, attorney for the
younger Morse, will present to Justice
Hoehling Wednesday a transcript of
the proceedings before the court in
Maine relating to the stipulation. The
=, ~iyNs
During the hearing of the causes
Mr. lockwood stated in open court that
he is willing that the petition of the
government for removal of the defend
ants to abide the trial of the case IN
New York be granted and that the de-
PENDANTS shall give bail to appear in
New York upon these removal proceed
ings, provided that the government Will
agree that the civil cases now pending
in Virginia, the Virginia ShipbuildinS
Corporation VS.. the Emergency Fleet
Corporation, and the United States OF
America VS.. the Virginia Shipbuilding
Corporation and others. shall be tried
in the United States court in Virginia
before this criminal case Of the govern
ment against Charles w. Morse and
others is tried in the state of New York.
and before the twos cases in washing
ton of a criminal nature against said
defendants are tried and that no fur
ther Indictment shall be found against
these defendants until such trial OF the
civil cases in Virginia.
.Mr. Charles W. Morse and Mr.. Ru-
pert NJ Much. the defendants, are
asked in open court whether they
agree to this arrangement of cour-
sci, and they state in open court that
they do so agree "
Others Concede Agreement.
Assistant District Attorney Mer-
rill also states in open, court that he
agrees to this arrangement. and Mr.
Dobyns also agrees TO said arrange
ment. but makes this further state
ment: That in tha case Of the United
States VS.. the Virginia Shipbuilding
Corporation the government promises
either to try said cause or dismiss
same: that the cause win go on trial
and will be either tried or dismissed,
SO that there shall be but one suit
"The court makes the following
statement: of course, this stipula-
tion does not prevent the government
from pressing this criminal suit to
trial at any time after the trial in the
court in Virginia, but without await
ing any appeal. OF course. It would
be competent for the defendant to
urge the matter of the pendency of
an appeal as a reason for the con-
tinuance of the criminal cases
July "a. 1922: approved. Clarence
Hale, district Judge"