Show ONlY A- A SHADOW I IS PROTECTING MORSE NEW EW YORK Dec Dee 30 Only 30 Only a technical technical cal al legal shadow now stands between Charles harles W. W Mo Morse Horse C banker and one time ice Ica co king and a year fifteen sentence JIn in inthe be the federal ceder prison at at Atlanta Judge Hough Housh in tho the United States circuit cir clr- cult court yesterday denied his motion for fora a new trial but Martin W W- Littleton his counsel announced that one ono more mono stand would bo be taken Today he will move mote In n the circuit court ourt ton lor a writ of or error If this is denied denied de- de nied Morse Marso will begin the new year servInG serving InG ng his his' sentence for Cor violation of the tho national banking laws the tho supreme court of tho United States having previously refused to interfere In tho the case Mr Littletons Littleton's recent application for a a. anew new ew trial fetal for Morse was made mado on the round ground that tho the jury was improperly Improper warded and and that some of or the Jurors rank to excess in tn the trial With Ith respect to this charge tho the court holds that the tho Jurymen were In tho the custody custody cus- cus tody ody of or 8 secret er t service men Instead of or regular deputy marshals was well known to o both coun counsel el and Jurors when the trial began besan egan The court al alto also o notes that more morelan than lan a year has elapsed since Morse was Convicted con and arid sentenced and that a writ writT ot of T certiorari has been denied by the United States court So 50 far Car as ns tho the records of these affidavits Ib its sho show says Judge Houghs Hough's memorandum memo- memo there was wali nothing concealed or the appointment of or these men and It has not beep been urged tinged that merely because they thay were not regularly On n the marshals marshal's staff start they were not ell ell- sIble for selection As to to Drinking Charges I As to the drinking charges s Judge I ough lough says lIas L must advance a good deal before a pr prisoner oner may claim to be entitled entitled en- en titled to a n Jury of teetotalers teetotalers' In Sn Now New York at all events Judge Hough Rough points out that it wa was wasby wasy b by y direction of the court that the Jurors bE e permitted to lead their usual lives and nd that the affidavits submitted by Morses Morse's couns counsel l showed merely that in inho n tho tiro ho entire trial only twenty bottles of liquor and some individual drinks had hadeen ben been een consumed d by the Jury And It Is not ot contended that anyone anone was Has at all on intoxicated in- in adds odds tho the court AH An parties greed agreed the memorandum continues s. s that dial no o liquor wa was served to the jury liny jUl after the he case had hac been given to them The some same Juror who has deposed for forthe forthe the he defendant a aft as to to the drinking habits or of f the thc Jury ury sa says sas s the tho court is by the defendant alleged to have ha been n himself so o sodden with drink as to be bo Incapable of f clear cool and undisturbed l Judg- Judg nent ment As As' to the charges that the Jurors were permitted to read newspapers with hostile hostile hos tile Ile accounts of the trial trial Judge Hough HouSh said aid This case was dull it took a n. long longtime time to exhibit necessary preliminary I I facts ts newspaper ac accounts were Incomplete incomplete and but there thora is no evidence evidence evidence evi evi- dence that they were hostile or or biased blaed as even probably to affect the minds of men inert quite able to o perceive their Incompleteness and incorrectness Unless all reading rending of dally Journals b by Jurors is un- un laiful this point requires no further consideration Mrs l Morse who has remained constantly constantly constantly con con- loyal to her husband throughout his fight for freedom is Js greatly upset by the turn of ot affairs today If H ho lie must serve his sentence it is said that she probably will accompany him south Mr Ir Littletons Littleton's s 's motion for a n writ of error on Judge Houghs Hough's decision however acts as asa asa asa a temporary stay of or execution |