Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1922-07-01
M0RSE-MUCH
HEARING GOES
over TO JULY 6
Battle of Counsel in
Effort to Remove
Both to N. Y.
Southern New York District In
dictment Charges Fraud in
War Contracts With Ship
ping Board-Re-arrested Fol-
lowing Release on Technical
ity

Portland, Me, June S0-The hear.
ing on the removal of Charles w.
Morse OF Bath and Rupert M. Much
OF Augusta to the southern district
OF New York to answer to indict.
ments there, charging them and 9TH
ers with conspiracy to defraud to
1ederal government through war con-
tracts with the shipping board was
continued until July after a battle
OF attorneys today and the discharge
and re-arrest of both men. They
furnished bail for appearance at that
time.
Morse and Much were DISCHARGED
by United States Commissioner Ar.
thur Chapman, before whom the
nearing is being held, upon the con-
'ention of Judge Nash lockwood of
their counsel that the complaint up-
on which they were arrested seven
weeks ago, charged them with con-
splracy on May l last, whereas the
New York indictments were returned
on April 81.
Their re-arrest followed shortly
afterward upon al amended com
plant.
When they were arraigned Judge
lockwood said he did not want to be
at all technical. but claimed this
proceeding was based on a copy of
an indictment that had not been au-
'henticated by the presiding judge
we will carry this contention right
through the case" he added.
Commissioner Chapman refused to
grant continuance at that time q,
TO release MorsA and Much on bail
AFTER counsel had argued that they
We're not ready to proceed. He Their
requested the governments ATTORNEYS
TO proceed with their evidence on the
custom of removal to the southern
New York. jurisdiction.
Little progress had been made
however, when arguments t~voloped
over evidence being presented ir
relation to the United States Steam.
ship Corporation Commissions,
chapman held that this evidence
should be given at the hearing ir
New York and ruled it out
Fearing that Morse and his forme,
Augusta manage. might have r.
spend the night i Jail. r. attor.
neys prepared a petition for writ
or habeas corpus and were prepared
to present it to Federal Judge
charles F. Johnson. The final grant
ing OF Il continuance until mex
Thursday made this unnecessary.
The technicalit- on which the,
wer2 discharged on the first case wa,
that the complaint charged them
with conspiracy on May l last, Will,
the indictments were returned Apri
l27.
Judge lockwood argued that the
new action was not taken on tn,
ground of technicality, but because
the government had failed in it's case
and had now brought a new charge
he insisted on the right of the two
men to ball. then asked for a reason.
japle continuance in order that thu
defence might prepare its ,se.
He told of the large number O.
books and vast accumula ton of pa
pers that had t. be gone over by ex.
perts and said:
IF the government saw fit to pre-.
pare an illegal case, it is not GU,
fault. To be sGmmarily hauled into
court here now without proper prep.
aration is denial Of justi~c.
I'm view OF all the facts" SAID
Commissioner Chapman, Il see nc
reason why you are not ready to &c
on with the hearing row. on this
case. as you w,re on the other this
| forenoon. On the question of pre-.
senting certain evidence that YOU
may not have, could grant a con-
/ tinuance"
do I understand that you deny
these men bail" he was asked
II do" was the reply.
Then we proceed no further"
said Judge lockwood
Commissioner Chapman callel up
on the government to present its
evidence and the hearing was resum-
ed.