New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1893-03-17
THE CARLYLE HARRIS CASE.


THE CARLYLE HARRIS CASE
Tho application of Carlyle Harris FIR new
trial has been denied by Recorder Smyth and
his only remaining hope OF escaping the dea'h
penalty is in the Governor. 1t Is certain that
the appeal for Executive cemency Will be as
strenuous as the defence has been, and 1t VIII
probably be supported by the entleaucs OF
many compassionate citizens. This case Is IN
tinscally remarkable, and 1t has naturally
aroused general AID deep interest Every GRIM
inal trial which promises to have sensational
DEVELOPMENTS crowds the courtroom, but II Is
seldom that so much discussion follows the
verdict. 1t cannot be said that there has been
strong popular excitement but large number
Of rcsrectabIe persons, who are not Of morbid
tate or excessively curious disposition, have
watched these proceedings ntcn'ly' have
folni d decided opinions OF their own, ana nave
taken the trouble to disseminate them. II
petition for mercy is put in circulation, we shall
expect it to obtain an altogether extraordinary
number Of signatur,s.
We do not mean to convey the impression
that we suppose the weight of public oplnion
TO be in favor of Harris. In such cases the
opinion which inclincs toward clemency always
finds ut,erancr. while that which is adverse is
common,y silent: 50 that great allowance must
he made FIR upcxpress d satisfaction with the
verdict. But wherever the balance hes, TINS
singular fact is is;ahabe, that the oppoSi-
ton to the execution of Harris Is not based
mon the belief that he is innocent, but upon
the belief that he was not proved ginty. II
has seemed 70 many intelligent persons, IN
GLIDING as we know not few lawyers oil
repute, that there was an essential link miss
ing in the testimony upon which he was con-
victed of nun ering his WIFE, These persons
say tina. with all that was proved against HIM
| tho prcsacu,ion did not 81 :. this gal-dld not
| establish beyond reasonable doubt that WIN
murderCus intent he caused her to take fa'ai
| dose of morphine. Many of those who have
maintained this position and still MAINTAIN IL
| arc not sentimentalists who are wont To lavish
| tenderness on conyicts; 50 that, though 1t may
not be proof of mental cal ATTY. II Is ether
| wise not i'm the least discIcdltLble u them
| This is the consideration which has influenced
| us 70 make room in TIE TRIBUNE for the ex-
pcsition of their views during the last few
| weeks.
These Persons have failed we think, Il give
due weight to the fact that they have not had
the witnesses before them mr. all the evidence
uron which the verdict was found. They have
depcnded more or less unconsciously, upon
mere summaries of the testimony. neglCctng
of necessity the tone and manner in which 1t
was presented and many of the cumulative
fact, which, fitted together with great paticncc
and skill. finally excluded all doubts from the
minds of the jury. Those who fear that in
| lor nsDl
themselves with the reflection that all the
tribunals before which this case has come
have agreed and especially that the Court OF
Appeals. in an extraordinary Of inicn-an orln-
| ion which establishes rrccedcnt-unanlmj usly
| declared MT only that no error OF law had been
committed but also that the jury could not
have Justly found any other verdict from the
| facts Nevertheless the belief that Harris was
| not proved guilty, far As 1t prevails at all,
is remarkable for It's pcr>istcncy. Moreover,
| that the theory Of innocence is an abslifdI,y,
devoid of all claim to considerations Is APP
Darently net the opinion OF the Recorder. lie
has given the most painstaklng study to the
case for many days past, dcvOtlng himself 10
| it exclusively 1t is the newly discovered cvi-
dencc which las primarily engaged his attcn-
| ton. but he must have assiduouSly traced and
tested its relations to that which was presented
originally, SO that though his decision is add
verse to the application fer new trial, his
treatment of the whole matter may be said in
some SOFT TO Justify those who have doubted.
As for the newly discovered evidence, 50
called, much Of it was obviously worthless, and
must have appeared so even in the eyes Of
those who we've most DESTROYS that new trial
should be q anted. Some of it may have tend
ed to confirm their impressions but on the
whole, they could not have thought that ii
sensibly widoned the gap which they declare
the prosecution did not succeed in closing. 1t
is in consequence of that original hiatus, as
they deem it, that they will now join in an
appeal for Executive clemency.