The sun. [volume] (New York [N.Y.]) 1833-1916, 1892-12-08
CARLYLE IlARRIS'S APPEAL.
1,urER HOWE CONCLUDES HIS .4RGr-
NEWT FOR THE APPELLANT

Harris Was Guilty OF Another and Dis
,,ret Crime should Have Been Ruled Out
.D,.tr,et Attorney Nieoti Cite. n Deris-
n, OF Justice Earle to the Erect that
Testimony showing - Motive for the
crime l. Always Competent. Even " Il
should Tend to Prove Another Crime.
,,u,x-, Doc. 1.--Attorncy W. +. Howe rc.
,,m,d his ,.igument III tho appeal OF Carlyle
harris in thr' ourt o! Appeals this morning.
u,s theme was the testimony OF DR.. Charles
~ TtevctlrH " Sc, anton. tho uncle OF Helen
y,t. which was admitted by Recorder SIN yth
Ios,,,c objections 81 defendants counsel.
mi. testimony. which established the fac,
,a, Harris had committed an abortion on
vi. vitc. Mr Howe declared should have been
,r,sd cut first. ecauss |. was incom-
liant. since it showed tho accused
. inv Of another and distinct crime.
living NJ connection with tho ono for
.sh,,, h..v7s being tried: and. secondly. as
,,,,irc tina, It was needed to provc the exist
.nrs Of n motive. it ought not to have been
,Im,,r,l nc ause Il was privileged: that is it
rs, ,hs IN, .mntipn Cleaned .y II physician
+, ,.tcr,.nlr" won ii Ia;icnt. and OF sucl,
,,y;crct harGc'2r that even In n criminal
.,.,n ought not to hayc been admitted with
i,,priHh'c'' 'n,'' "''''. Wv t'"E, II" u"o'e"
tie "nH'"" 80 W., w. o,'e 49,
Erzrh '.o - ",'"' ,' VI ASST
insih h'N'"' '' VIZ '"e' W
,.,nuny,'a- ratcd Cut rs privileged.
W. ",T% ysr Who t,' - 3D. ,s ' ~ Msr,,s =.
,b..t. about ia,S power over women and his
.nue,t !in!soma with Il! 81. nni told ~ two
~ hat. - 4 NJ,
e, IT,, T', ;n s" " '""' brew Dr. ,0 .an ~
,,,tr,, ~, this tcstimonv y. ,rynod
'sN'n'A. ." ..rio,on omt na,ausn ~ IT,
,,,on,.,en. nature ana the prejudice /; would
"..nr,l,v create in tho jnrors' minds. though
.,isd ], conclusion he said:
Ut Tho vtnle case i, built uron circumston.
,isl s VIZ entirely. 1t may be- that Harris
t%r t's nof'",rU ."'ies'n anu WIN tne oese
chow h. did not perhaps ought not to say
- ,ut r thin, Il was unfortunate that Ia was
10 w, @ stand - testify a. to cs,tain
facts. But tho case as whole presents Sc
nv. .sI ., lmnroperly admitted testimonies t.nd.
Ink to prejudice the jury against the prisoner.
and crouped for the purpose OF getting the
: anu Hur' ,,ror 70 snv that mia vonne
man. from tho evidence adduced rs to his
chor,c,or anil conduct. rrobably did this deed
It was wrong. IT was unjust. aud the verdict OF
Caryls Harr. may have been wild, may have
been licen'lors. but ne was not the murderer
Of his wife. and on the Irregularities OF his
trial thus set forth n new trial is asked.
speaE Tor tho reore. called the attention
OF the Court 10 the fact that the brici
Of the appe attornev. with its OBSERVE
=. i
not adhere closely to the true record OF tine
case "A presented in the appeal book now he.
ipre M court, Il was a wise Omission he
prepared the brief. had rofrnined from efer-
ling to the .o!ios OF tho appeal Nook because
crate ths assertions Of the brief. For exnln.
Woman was 1"S IN the hsst Of taxing ' morrnns
Find On The CONTRARY. 1t showed that hat
she never had such habit Again.
Mr. Howe had insisted that there was no owl
my ono OF tho capsules given her by Harris
reference to the real evidence would however,
how that there was the positive testimony OF
Ter death. had said to her that she had taken
hree and had q mind to throw tho fourth can
larris's own lotter. sent to his wife when he
yas at Old Point ComfLrt. in reply to one from
Helen asking II she should take the rest Of the
Fhich he told her to take tho others. These
xers but samples. tho District Attorney said.
" tho inaccuracies OF statement made regard
nc the real evidence In the ease.
Proceeding with his argument. Mr.. Niroll
reviewed tho history OF the case and its trial
IND said that the whole theory Of the prosecu-
lion was that the defendant. having been I'M
'be to overcome Miss Potts's srruIlcs other
wise secretly m arricd her under an assumed
pame and then ruined her To conceal the
relation and its consequences. he performed
m abortion on her. aud because OF his rela.
tons with other women and desire to keen
the marriage secret he was ready 70 90 70 nny
length and take all hazards. The trial ,Ieyel-
Uled hut two prspositinrs: First that the de-
c.Ns ed did die o, inorphine poisonjpp: second
that this poison was administered Ly Harris
or caused TO lie administered by him. As 10
Lo;h nronnsitions The ryid.ncc AID ,caG an
irai Was conrIusjye y in regard 10 ths iIrnt
r-otos,ior Eirs, IN, tns,imon" ~ Drs Enw.
!rr kea and In. 80 ,Lvsiri,rs caIi.d 70
attend her when dyirr shows thnt
al tLo sv,n,,nms ~ mornl,in. noisnn
inc wern ,r".rmt in rXaurnrntod ,nrm
Second In. r.suit Of ;l,, n,.fn,,Sv s6ny Tho |
poser rc of m or,hin,. in nm. iut"stinrs TX con-
nuinti,ins nuI nrnyr,i ,Lat thn cnm |
kucs liza ternnS.d t"nE rcrid MOI hara hnan |
LOSE lncInr,I hy th. drr..,is, 81 IL. rr,,ins |
{" cum ne to IL, of n grain Of nIorIhincH WnI /,
they cen in. uuinimc w,,ti,I Lnre n.n, ionmL |
k,Icr,In, nee, ., in.t jnrrr-i in Iani
oGy HAT ti,os. q; inor,bjn,. Th,rd In. i,ruim !
Vas inund conrnsi,,,. nm yJmitted nnst
lu"rtcm yid.nr. .. ~ nri,linr rnisoning
The ONT raised ny the m reliant that thcre !
was no AUTOPSY asked for "Srrnt liz Ijm,r;s wa.
,asily accounted for 'Ihn ot,np,inn nf III. |