New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1893-03-30
IS THERE HOPE FOR HARRIS?
a BILL AFFECTING HIS CASE PRESENTED
AT ALBANY.

BILL AFFECTING HIS CASE PRESENTED
AT ALBANY.
SENATOR CoGGESHALL, At THE REQUEST OF
WILLIAM f. HOWE. INTRODUCES AN AMEND
MEyT TO THE CRIMINAL CODE AL
LOWING APPEALS TO THE GENERAL
TERM IN CERTAIN CASES.
.,,o,, ruy REGULAR CORRESPONDENT OF THr rRrBU~k
Albany March co.'s the OF Carlyle Harris
70 be fought In the Legislature after being fought
over in the courts and the newspapers This would
seem 10 be- the case. for two efforts In his behaif
were made In the Legislature tOday.
One was indirect. and consisted OF an active can
vass by Timothy d. sullivan In the Assembly TO
get pledges from members to support his Dill
obo,ishing the death penalty. Up TO o'clock thirty
Assemblymen had promised to vote for his Dill.
.Tbe other attempt was direct, although Its nature
WAS concealed for time from the senate, where IL
WAS made Senator Coggeshall had received the FOL
lowing letter from william F. Howe, the counsel oil
Harris
earnestly impore you that the inclosed amend
nent the Code OF Criminal Procedure De 81 once p"
The nece ssity Of IL is apparent
IL motion be denied for new trial In SUIT ihVo''hs
500 promissory note, there Is an appeal 10 "ehe'a
Term cruel is 1t, then, that there shou'o W "o
appeal human life Is involved NO harh "a" io-
.ut from the passage Of this amendment but much Justice
will be accomplished.
wo 40 not ask that there should delay 30 send the
case to the OF Appeals; but we simply ask mat as
an civil cases there should be appeal from the
a, The Judge denying the motion TO the General Term VI
the supreme Court whose decision shall be final.
Amin l saw this is simple justice When the Legs
I.ure passed the bill, namely, Section 800 giving "e
,uds. before whom was tried power 10 e"h'
VOW TRIAL on newly discovered evidence II stopped snort o
n.rmitting an appeal to the General Term 10 eneus
this we mplore your aid. know you can accomplish ]"
select good man Assembly to aid you in the o"e
house TO your apology is necessary for this IN
uuson. ~ . .,. rasseS
The act which Mr.. Howe desired to have passe~'
and which he Enclosed in his letter. is as follows
s.c,,op 1-section 4c5 Of the Code Of Criminal Pro-
.drrs is hereby amended b read as ioio"s
Ssc le5-In what cases granted The court IN which
trial has been upon issue OF fact mas power "
.r,n, . nav trial verdict has been rendered
against the defendant ly which his substantial rshe'
have been peJudiced upon HIS application in the ''"o"
Ing cases l., IT., ,so,o. :, ,hs
Indictment be for felony - -.
9 When the jury has received any evidence ou' Vi
court, other than that resulting from ve"' Is "o'
yidcd In Section All. ~ ~,
yvhan the Jury have separated without leave OF
tho cour, after retiring deliberate upon their verdict
q, have been guilty Of any misconduct by "nc" '"
and due consideration OF the case has been
A When the verdict has been decided Dy iot, UT ny
ov other than fair expression OF opinion on the part
Of all the jurors mot,
: When the court has misdrected the jury In mat
en- =, law or has refused instruct them prescribed
IN Section 400 and the defendant mas d. TIC s' CA
cep,ed 10 such msdirecuon or refusal.
a When the verdict is contrary to law or clearly
against evidence - A..
snother trial the produce evidence such
s ~ before received would probably have changed the
xsrilct II such evidence discovered since the
trial is not cumulative and the failure TO produce IL
ou the tri,l was not owing TO want OF diligence.
.,
anplicaon is made where sentence OF death has
been imposed and such application is Denied 'he uc
PENDANT may within sixty days after service Oh copy
OF the order denying the same have the right 10
60 tho General Term of the supreme Court in the de-
partncnt where such application is made from 'he oru
denying such application ana Inc "eherNi I'm "s
uron such appeal. examine the iae's anu -
whether Justice demands a trial or not anu may
-, now trial where Justice demands the same. and
that pending appeal in such case ene eNeo".O =,
the sentence shall be stayed upon the hhos Vi "o "
appeal from snch ORDER until aitef inc ue
such appeal by tho General Term oil the oupieHe o'''
rhis act shall tske effect immediately
Senator Coggesha after introducing the bill, asked
that II he ordered 10 third reading and passed I'M
mediately. No Senator. apparently, was awake OF
ouor. ~ The nature of the bill. But Senator Koesch
The chairman Of the Judiciary Conlnn oa q, Senator
slunberng. lie instantly sent this message 10 'e""
Coggeshall . .,o Cor,v,. Harris
ifas this Dill any relerehec W u" N''
IL has, replied senator Coggeshall' frankly, anE
the senate awOkc from it, sulnDers. oehaoi IVA
saw that his suspicious were comm o' ,b,9 this
Without regard the Harris case; ', mdc, .n,S
measure ought TO be considered by the Juuclai :
Committee Tor an important prlhclp'c W nav , ,h
be established If IL becomes law 40" on! trial
Judge who presided at t1ai can gran. 49, mvth
when new evidence is discovered. kecoruer ,"y VI
thu heard Iarriss application for new uria n
cause he presided at the original lai in,s n ~ ths
gye Harris the right 10 20 before me yous;r, VI rar
General Term Of the Supreme Court ana ash Dl ~ "
ON this measure until the senate JUDICIARY Com
mjttee have examined the measure anu consu -, NOR
] promise that will make report upo" !" y"
row. - -, A.. co,,.nt himself with
., h;snns,tion Of the BILL and after being 0rdereu u
\ third reading 1t was sent TO the 'uoc''S Yum
Timothy ID. Sullivan intends to bring up ms OH
aboshing capital punishment Ill ''e ''''''
Not one-sixth OF the murderers are eSccn'Su r,,
sold today 10 an Assembyman from WHOM nv =. W., VIZ
irving to exact plsGge 30 sn sg' III" death penalty
""t Committeeman Nussbanm Of Albany. declined u
r,.ttva himself 10 vote for the BILL ana hier""''
said: , 4. ,a T.. unsafe 10 abolish thu
ao.h n.n3alty for II does undoubtedly have deter
rent effect upon certain men ana women Mny a., a.,
n,rderonsly inclined. They love lIeT r,,mn Others
and they would not be restrained from MILE .hm
Tbav ,rould not care much for imprisonment, Jul
ro,,,d argue that while there was HE mere Wa nop
md thew possibly might he pardoned anu s,;,,o,
after time In my judgment .nr,e -" soretv
" Tho senate Judiciary Committee To-Day rtpJ
oons'deration, senator Smiths bill apolisiiin
csni,ai nnisbment. The bill was mace n spN, n,
order for Wednesday next on he ofuer vi ~
reading
THEY FEAR A SNAP ADJOURNMENT.