The Washington times., 1923-06-25
MORSE CASE To
GO To JURY
AUG. 70
This Is Present Indication As
Both Sides Contest Over
Evidence.

The Morse conspiracy case, ac-
cording to all indications, will go to
the jury about August 20.
This means that Justice Stafford,
who is presiding over the famous
trial In Criminal Court, No. l.,
which is entering upon. it's. tenth
week today, will not instruct the
jury for a directed verdict when
the Government testimony will
all have been presented and will
rest it's case which is expected by
July /.
Counsel for the Government as
well as attorneys for the defense
are convinced that the presiding
judge has decided to thresh out
every available piece of evidence
submitted by the Government and
to give the defense an opportunity
to meet the contentious of the pros
ecution in rebuttal and to put their
own witnesses on the stand.
This procedure will make the jury
the final arbiter in the case and
neither the Government nor the de-
Tense will have any reason to claim
that they have been deprived, even
in the least. to present their respec-
tive sides fully.
Whether Justice Stafford will rule
on a motion submitted by the de-
Tense at the opening of the case
to declare the indictment in this
controversy invalid because of the
alleged presence on the grand jury
of a man not a resident and tax.
payer of this city, but of Maryland
is a question pretty we'll settled in
the minds of attorneys for both
sides. 1t is reasoned that remarks
made by the court during the trial
indicate that he will not permit this
pending question to interfere with
the trial. In other words, the court
has apparently concluded that the
objection as to the legality of the
grand jury proves no legal obstacle
as to the continuance of the trial.
Appeal Is Forecast.
One thing seems certain however,
no matter what the outcome of the
trial, whether the Government OBJ
tains a verdict or not, the case will
be appealed and if needs be, carried
to the United States Supreme Court
for final adjudication. If that is
done it will be a number of years
before the last is heard of the
Morse case. In case the jury dis
agrees, it is hardly to be presumed
that the Government will drop the
matter which is declared to be the
leading war fraud case and which
the Government has made up it's
mind to win.
When the defense presents its
side of the controversy to the court
and jury, attorney Nash lockwood.
the senior counsel, will have to &C
into a mass Of testimony and
evidence. Not only will he subject
every piece Of evidence submitted
by the Government to searching
scrutiny and cross examination in
rebuttal but he will recall to the
stand every witness testifying for
the Government. In addition he
written data.
The Government 50 far has
offered about 600 pieces OF
documentary evidence the greater
part of which consists Of books
such as ledgers. journals. cash
books, vouchers, checks. stubs. min
ute books and other written
memoranda of the various Morse
concerns. Every one Of these
pieces or at least a great number
of them, will be attacked by the
defense. Attorney lockwood. al
though the official spokesman of
the defendants, confers constantly
with the other attorneys appearing
for the various defendants, con-
sulting them on points at issue.
Based on Books.
One of the outstanding features
of the case seems to be the fact
that if the defendants are convicted,
they are convicted in great measure
by their own testimony as con-
tanned, compiled and prepared and
interpreted by the prosecution. The
Government bases it's case almost
exclusively on the books and papers