Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1893-03-19
HARRIS IS DOOMED.
NEW TRIAL DENIED AND He WILL Be
SENTENCED ON MONDAY.
Only Governor Flowers Ciemsucy Can
Save Him from the Electric Chair
History Of the Case.

davits that were offered as new evidence.
tending to prove that Helen Potts was in
the habit Of taking morphine, says the
New York Press.
IL was shown that not only was the
credibihty OF the atlantis. Mary Frenetfe
and her daughter, Ethel Harris, seriously
impeached. but their testimony was posi-
lively contradicted BY George Potts. Mrs. q.
5. Potts, and other witnesses. 1t was further
pointed ont that the affidavit of Susan +:
Jackson. that Helen Potts was IN the habit
OF using morphine while at her school
during 1887 and 1883 was made of no effect
by the subsequent admission OF Miss jack
son 10 Mr.. Dilworth Choate that she was
not sure II was morphine that the deceased
had used. but only that it was q pow
der she took for headache.
The affidavit of Hugh 5. Kinmouth. the
Asbury- Park druggist, that he had on one
occasion sold morphine-plls to Helen
Potts, was contradicted by J. L. Carroll. o
correspondent of various New York news
papers. TO whom Mr.. Kinmouth had pre-.
viously stated positively that size had
never purchased morphine at his store.
kinmouth had ridiculed the idea in pres.
ence of several parties that the deceased
was addicted TO morphine. The Recorder
called attention to the positive testimony
of the parents of the deceased and the
teachers Of the Comstock School. which
she attended shortly before her death,
that she showed no signs Of being i'll or IN
the habit OF taking narcotics.
THE CONCLUSION REACHED.
The claim of Harris that If his former
lawyers. Messrs. TAYLOR and Jerome. had
allowed him to testify he could have dis
| proved the charges against him was broken
b. the fact that he did not in his state
ment furnish any Of the testimony which
| he said he was able TO offer. The decision
concludes as follows:
"A careful examination of all the facts
and circumstances established upon the
trial OF this cause. as well as of the addi-
tional facts which have been presented
upon this motion by way OF newly
discovered evidence, leads me TO the con-
clusion that if the defendant had pro-
duced the so-called newly-discovered EVIL
dence. or so much OF such evidence as
could have been legally admitted upon
the trial, il would not have changed the
verdict which was then rendered against
him. The motion, therefore, must be
denied
1t will be necessary now for Recorder
Smyth TO arraign n resentence the pri-
soner. Carlyle Harris. His counsel, Howe
n Hummel, say they will then apply TO
| lDO OONtIuOE " u iui HoioOh pA ~
ground that newly-discovered evidence.
which has never been brought out before
q jury. would justify him in granting 1t.
HOW THE MoTHER TOOK RI.
Mrs. Harris arrived at Howe Il Hum
mel's Office about IL o'clock. She en-
deavored to be calm, but became hysteri-
cal. talking necessarily about her sons
case and the new evidence which she SAID
| Ouuht 10 bring him a new trial.
II was not until 1890. after an agonizing
wait Of an hour and a half. that the news
ofthe Recorders decision reached her. De-
spite her previous protestations OF certain
" that the Recorder could notdeny the mo-
ton for n new trial. Mrs. Horris said. when
told OF the decision. 1T Is Just what | ex-
pected." She was calm then and from
that time on. She went over to the Tombs
| prison later and had an interview with
her son. The attendants kept a respectful
distance, though near enough 20 prevent
any attempt which the condemned man
might make against his life. Mother and
son conyersed awhile quietly, and then
Mrs. Harris calmly left the prison.
When the news that he could not have
q new trial reached Harris he was calm.
rs it adverse?" he asked as soon as be
saw Lawyer Moss, who carried him the In
telligence.
at is,n replied Mr.. Moss.
well" said Harris. II rest content
since the world knows that | was convict
! ol upcn such evidence" Later he said te
q Press reporter: >,
II am disappointed. I certainly thought
| Recorder Smyth could not set aside as i'm
material all the evidence which wa:
| adduced in the afidavits. II seems nov
impossible that what We know to be the
| fact is true. Well. the District Attorney
| -. f-,.tf.l Eal1 IN thaaa afE1aVlTl III
thew were all p~erjuries. as the Recorders
| decision seems TO indicate. he has many
| cases of perjury on his hands.
among the affidavIts were some who
| are friends of Smyth's own daughters
| He has cast q stigma upon them. resting
| under which they are certainly not tit asso.
| ciates for his children.
The case of Cboate rs. Justice has beer
won by Choate. 1t seems strange that the
District Attorney could not have founo
some other and cleaner hands 10 do his
work.
"Oh, il it were only dying! | could beal
that But it is the disgrace upon my
| family. NV poor mother And l suppose
my sick brother in Chicago will be finished
by this news"
HISTORY OF THE CASE.
Miss Mary Helen Nelson Potts dice
| early on the morning OF February l, 1891
! at the Comstock School. on west Forfeit
] street. Her room-mates had been awakened
| in the middle of the night By her heavy
breathing. Drs. Fowler aud Bauer were
\ summoned. They found the girl In
stupor. All the symptoms were those o.
| morphine poisoning and they applied RENE
| dies accordingly. The Girl died. however.
II was learned that CARLYLE w. Harris. a
| student at the College of Physicians and
| Surgeons and grandson of DR.. McCready,
a weli-known physician, had given MISS
| Potts four pills on January 10th. lie nae
| had half O dozen containing four grains Of
| auinine and one-sIxth OF O grain OF NOR
| phine each compounded at Even Mcln'
| tyre's drugstore in Sixth avenue. He gave
| four of them to the girl for her headaches
| Then he sailed for Old Point Comfort. III
returned in ten days. Sho had taken three
| pills. He advised her to take the last
She did and her death followed.
SECRETLY MARRIED.
Harris was known only as a friend Of the
| girl, but later il became known that they
| had been secretly married. They had mel
| at Ocean Grove in 1883. Their acquaint
ance ripened until they were secretly mar
| RED by Alderman Rinckhof IN this city
| On February 7. 1890. In six weeks Harris
| began 70 grow cold toward the young girl
| In the fall Mrs. Potts was told of the mar
! rage. She said if Carl did well IN his stu
| dies here she would send him abroad "a
finish his education. She wanted them 70
| be married by q minister. however, on tne
anniversary of their civil wedding. VI
| that day Helen was in her grave.
Harris gave to the coroner one OF tne
| capsules which be had retained. IL was
| found to contain morphine and quinine 10
the quantities prescribed. h theory
| that Harris had substituted morphine FOL
the quinine in one of the Other. plls was
| strengthened by knowledge OF his dissi'
| pated life. Finally he was arrested and In
| dicted for murder IN the hrst degree.
THE TRIAL.
The trial was in Part Ill. of the Court oil
General Sessions. Recorder Smyth pre-
sided. The prosecuting ATTORNEYS were
| Francis l. Wellman and Charles Z: Simms
Jr. John A. Taylor, William Trayers
| Jerome and Charles T. Dawson conducted
| the defence. The trial began in January
| 1892. 1t lasted three weeks and wa'
| Of deep interest throughout. Counsel Oh
| both sides conducted the case brilliantly
| Tho jury found q verdict of guilty afteI
| celebrating for an hour and twenty min
| utes. Recorder Smyth sentenced Harrii
| to be put to death IN the week beginning
| March 2lst. He employed Howe q Hum
| mel as counsel and took an appel to tn'
| highest court in the State. The decision
/ wnx Qdyarsa to him.