Waterbury evening Democrat., 1893-03-17
NOW IN THE DEATH CELL
Carlyle Harris Awaiting the
 Final Decision.
WILL GOV. FLOWER INTERFERE

After Thoroughly ReVlewlng the SsSti mony Given in the Anidavits RceSrds Smyth Refuses New Trial How Hsrri and His Mother Received the News Prison Preparations.
 NEW YORK, March F The last hope . Carlyle Harris is gone, so far es the court, are concerned. Recorder Smyth yssterda. afternoon rendered his decision denying the application for new trial. Ths de cision reviewed in detail the afiaayits tha; were otfered us new evidence, tending tS prove that Helen Potts was in the habit O. taking morphine. It was shown that not only was the cred ibility of the affints, Mary F,renette and l her daughter, Ethel Harris, seriously iHa. | peached, but their testimony was posi- | lively contradicted by George Patts, Mrs. | c. S. Potts and other witnesses. It was further pointed out that the afa- davit of Susan F. Jackson that Helen | Potts was in the habit of using mcrphtns | while at her school during 1887 nna 1888 l was made of nc, effect by tho subsequent l lmission of Miss Jackson to MT. piiworEh 1 Choate that she was not sure it WAS rncT. l phine that the deceased hsd used, but oEly that it was some powder she took for heaa- | ache.
 | l tive tNstinl ny of the parents of tAs ds 1 ceased and the teachers of the CoaastosA l $, hool which she attended shortly hs&ors l her death, that she showed no signs cf Geiah ill or in tine habit Of taking narcotics.
 Ihe claim of Harris that. if lis forraSs l lawyers Me SIS. Taylor and JeGone, Lad allowed him to testify, he could have Es- proved the charges against Elfn, ~sA broken by the fact tat he did not tn his statement furiIIsh aAy of E-s testimony which he said he was able to otfsc. XAe l decision concludes ks fcliows:
 A careful examination of all tue essAs aud ciI Icumstances eats bnGhed HpeA taa trial of this cause as well as of th= sG&i tional facts which have been preSeAt ted upon this motion by way os newly aiseoT- cred evidence. lead. to tAe cInC4l-s3 GsE that if tAe defense lad produced the ss called newly discovered evidence Gr s~ l much Of such evidence aE could bs lzsills | admitted upon the tEIzJ, 1t To4ld noS 1 have cIl;ungs;l the N"i>'irt r4.a& Was rcAlGeSsA l ..H,.n., n.!n. IhS N:..t4>,A, t4--AG4-=S, is l .T,~l
 Before this. the Recorder sars~S Judge l Gray of the Court Of Appeals. hS ESsy~.
 ''ln determining the motion l EasLsa Asx ! only state the facts il the LNoVillg paESrs and tue papers rGiyi in oppo<4ls1-I t2 tasA motion, but must also take into S@-~&d cratfOn the testimony and PFGeSs ss4s s=s taken upon the trial Aai usi res-,E ..A-i - Ut by the Court of Appeals iu it's cztSA -l nation of the appeal from tue ju@<yA-ient which was against the 3efsndi nt."
 Mrs Harris awR;.I>i the desHa4aa la tAs office of Howe & Nu2nnlel, hex S<-a's ia>v yeIs. She was very nervous, GuS s-Asg> wise corposed, evidently having -Aar'-S herself for the ordeal.
 When the news did come that HsGs4s couldn't get new trial, kiis. Mtaass s&.i-i | 1T |, ;,,..A -t,,,k ! | Vnitc composed.
 :. Harris himself, who was not taken tsaXs the Tonbs said:
 ''lS 1t advorsei"
 This was to the man who brought tAs
 news.
 Ut is," the lawyer said Tatu hs sSlV5: ' 'I rest content, as the wrrL& 4-;leWs tsAaS | 1 was convicted on such svi.Ienoe'
 After his visitors hai gone War>ssa ESa
 lon gave orders tat N2.yis' cell si9ul.
 be immediately chansed, that bc lti9ui& b.
 stripped of every scrap of his clo<I.i. e. &u+
 should be subjected to the iaosg G@a%ta search possible.
 These things were immediately dane ss
 .he keepers Evea Harris gold siEa5.le.
 eyeglasses and a pearl nail ciaaGar Wss'
 taken from him, IIn was tak2gi tI.+a hl'
 old cell. No. s, across the corl.i0r to e.. l No. II, and there searched. Nothing Ws' }. | found, however, with which he lili. .s:lE hay,
 ended his life, and he was left in h!s neH . | cell, which contains nothing but a cot ', This had also been carefully inspected.
 It will be necessary HOW for itsco.de. Smyth to arraign a.d resentence tic pfs , oner Carlyle Harris. His counsel, h 9W
 & Hummel, say they will then ,RssGly to .1:a
 Governor for full pardon ci the s;rtA1n,
 that newly discovered eridsnce, wkt,.n he
 never been brought j'Gfore jury, WSut' d justify him in granting it.