The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1893-05-04
{ !: X t I R 4 5! /!
IARRIS MUST DIE.
Gov. Flower Declines to
Commute the Unhappy
Young Mans
Sentence.
REASONS FOR HIS DECISION.
No Evidence, He Says, That Helen
Potts Had Ever Contracted the
Morphine Habit.

ALBANY. May 4.-Governor Flower has
denied the application for clemency for
Carlyle W. Harris.
Harris will be executed according to
sentence, during the week beginning
Monday next.
The Governor filed the following MEM
orandum:-
'.The evidence adduced upon the trial
of Harris esta ablished beyond reasonable
doubt that Helen Potts died from NOR
phine poisoning, and compelled. as
stro ngly as crcumstantial testimony
can compel. the irresistible conclusion
that the poison was administered py the
defendant with the intent to kill. The
Court of Appeals, in denying the appl-
cation for IA new trial, reviewed carefully
and impartially the evidence presented
before the jury and pronounced It con
elusive in establishing the guilt OF the de-
fenoant.
THE MORPHINE HABIT.
with this Judgment of the jury aud
the courts. considering the nature and
circumstances of the crime, should nave
promptly refused to interfere had it not
been for the second attempt to procure
new trial, based upon alleged. evil
| dence in aflidavits submitted to
the Recorder to show that the deceased
Helen Potts, was for some time prior to
her death addicted to the use of morphine.
No such evidence had been produced on
the trial of the defendant, and II estab-
| lished would at least create q doubt
whether the deceased did not die from
poison administered by her own
hand. A close analysis of these
atfidavits and the affidayits 10 rebuttai
presented by the District Attorney con-
yinced the learned Recorder that they
could not have changed the verdict of the
| Jury had they peen introduced upon the
trial, and the second application Tor
new trial was accordingly denied.
The publication OF this supplementary
testimony, however, melted the presenta-
ton before the Executive, upon
the application for elemency, OF
further evidences of the same
nature besides many conflicting state
nents from interested persons relative
co the matters contained in the af1daVlGs
before the Recorder.
Recorder was unable to take the verbal
testimony of the witnesses who made the
affidavits. This privilege, however, is
permitted to the Executive in deJermln-
| ing applications for clemency, under
| chapter 213 of the laws of 1887, and de-
l
| benefit of every doubt by permitting him
| to furnish satisfactory evidence that the
| deceased was a confirmed morphine
i user. and might have taken her own liIe,
liza ayailed myself of the provisions OF
| this statute. and appointed George
| Baines of Rochester, to take the bestl-
mony of witnesses upon The questions
raised in the affidavits laid before Recor-
| der Smyth, and in the testimony subse-
| nuantIv nlaced in nv handS.
| ONLY ONE CONCLUSION.
| Every opportunity was offered at the
| hearing TO invite evidence upon the ques-
| tions at issue, but a careful examination
| of the testimony taken can lead TO but
one conclusion. The witnesses for tue
| defendant have entirely failed to
| establish the alleged fact that Helen
| Potts was addicted to the use OF NOR
phine No valid evidence has been pro-
| duced to prove that she ever took NOR
| phine except on a few occasions for med
| icinal purposes.
"Iudeed the result of this bearing,
| taken in connection with certain affi-
| dayits filed after the determination of
| the case by the courts, tends to support
| more strongly than before the theory of
| tne defendants guilt. The evidence of
| Dr.. Kinmouth. Miss Waddel, and
Miss jackson might all be con-
sidered as establishing that
1
but the testimony of all those together
| would weigh little against the aftidavits
| of her school mates and one Of her teach
| ers. as to her utterances on the night
when she took the fatal pill These sup
ply most important link in the chain of
evidence, and their accuracy was not as
! sailed in any tmanner upon the hearing
before the referee.
| "This inquiry into the case by the ex-
animation of witnesses and otherwise
leaves no doubt III my mind as to my
official duty. have endeayored to give to
the application for clemency that I'M
partial and conscientious study which
the fate of any human life demands. and
which the popular interest in
this case certainly calls for.
But so far as jury and court
could determine Harris was guilty of a
heinous crime, revolving in it's concep-
tion and in the depravity Of its Derpetra.
tor and no satisfactory considerations
have been presented to the Executive to
Justify his intervention in the execution
of the sentence.
"The application for clemency is there
fore denied"
| ,mrrrl AJ,-Il DpDig,