The Washington times., 1923-07-02
j. s. To WIND Up
CASE AGAINST
NOR5ES
Conspiracy Trial Has Lasted
Eleven Weeks Already, With
Defense Yet Unheard.

1
calendar in Criminal Court, No. 1,
for the last eleven weeks, is in, sight
at last.
| The Government expects to have
all its evidence in by tomorrow aft
ernoon or by Thursday. Then It is
up to the defense, and the great
question mark is what mode Of pro-
cedure will be adopted by counsel
for Charles w. Morse, his three
sons and four others on trial for
| conspiracy to defraud the Govern
r1ent and the Emergency Fleet Cor
poration in ship building contracts
during the war.
More than $50 pieces OF written
data have so far been offered as
evidence by the Government and
have been read into the record by
either Assistant Attorney General
| Turner or Judge Allison, Of counsel
| for the Government. There are
about another $50 pieces of docu-
mentary data still awaiting to be
placed into the case by the Govern
ment, and it was on account of
these that a conference was held
Saturday between District Attorney
Gordon and Assistant Attorneys
General Turner and Allison.
It, was realized by counsel for the
Government that It should use the
utmost dispatch in finishing up its
side and the conference was had to
determine which OF the written data
should be offered In evidence and
which should be left unused. It
was finally agreed to reduce to a
minimum the papers still to be read
into the record, and this they ex-
pect to accomplish by tomorrow
| afternoon, Or by Thursday, We'd
nesday being q legal holiday.
u. s. Rests Case Thursday.
The prosecution win rest it's case
Thursday, having had the assist
ance In its preparation Of large
number of expert accountants,
bookkeepers. auditors, lawyers, de-
tectives, agents of the Department
of Justice. special attorneys, be-
sides some OF the personnel Of the
District Attorneys office under the
direction Of District, Attorney Cor
don. Most Of these have been
working on the case for the last
rooms were utilized in the Court
House to accommodate the great
mass of documentary evidence.
Never before In the annals sof
criminal history in the District has
there been a case in which the
I Government took eleven weeks to
present its side. To say that the
cost Of the Morse trial will amount
to nearly million dollars does not
seem extravagant, when the loss OF
time of the twelve jurors, the pre-
siding justice, the attorneys for the
Government and those for the de-
Tense, the witnesses, and the many
other officials connected with the
trial, is taken into consideration.
Four Kinds Of Defense Possible.
There are four distinct ways, either
OF which the defense may adopt
when the Government rests its side.
The first Is to make motion asking
the court to direct the jury to return
verdict Of not guilty on the ground
that no evidence, either direct or
circumstantial, has been presented
showing or tending to show con-
splracy as charged in the indict-
ment. This motion, it is presumed.
Will be argued at great length.
should Justice Stafford refuse to
entertain this motion then the de-
tense will ask for a ruling on the
motion presented by them at the
opening of the trial to declare the
| Indictment invalid and illegal on the
ground that the grand jury returning
the indictment was improperly con-
| stituted. It is claimed that a mem
per or the grand jury was a resident
| and taxpayer Of Maryland and was,
therefore, disqualified to sit on
District grand jury. Affidavits
setting forth these facts were pre-
sented to the court at the beginning
OF the trial with numerous citations
IN support OF the claims Of the de-
| tense. The court has not vet ruled
on this motion and it was aereed
that the case go on subject to the
| final ruling of the court on this
question.
May Give No Defense.
If the court holds that the grand
| jury was properly constituted and
that the motion of the defense to
declare the indictment illegal be
dismissed, then counsel for see
Morses may rest it's case without
Offering any evidence. This step
would be taken on the presumption
| that the Government had failed to
make out a case and that it is
not necessary for the defense to 20
any further. If this course Is pur-
sued 1t would mean that the famous
case would end this week. It is,
however, not expected that the de.
Tense will take this course.
Still another alternative for the
defense will be to go on with the case
| and to put five or six of it's strong
est witnesses on the stand, includ-
| ing Judge John Barton Payne,
| Charles Schwab, William G. Nc
| Adoo, Gen. G. w. Goethals and
others Of like standing. and have
| them to testify as to whether they
were aware that any of the defend
ants had conspired to defraud the
Government as charged in the in
| dictment. They will be asked to
state whether Charles w. Morse or
any Of the other defendants had not
| complied with their contracts with
the Government or had defeated
| the plans Of the Emergency Fleet
| Corporation with regard to it's ship
building program.
And the last, and in all probability
| the most likely plan to be adopted
| by the defense will be to go into the
: case thoroughly and answer every
contention and claim advanced by
the prosecution during the last
eleven weeks, with witnesses to tes-
| tify. 1t is understood that the wit
nesses for the defense have been
| notified to hold themselves In readi-
ness to testify at q moments no.
tico Should the defense decide lInOn