New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1893-03-17
PRICE THREE CENTS.
NO NEW TRIAL FOR HARRIS.
RECORDER sMYrH DENIES THE MOTION.
EXECUTIVE CLEMENCY NOW THE PRIsoNER1
ONLY HOPE-To BE REsENTENCED

ON MONDAY.
Only Governor Flower now stands between Car
lyle W. Harris and death In the electric chair Re
corder Smyth, in General Sessions yesterday, handed
down his decision denying the motion for new trial
In the This eXhausts all the remedies which
the courts afford Unless executive clemency Is In
terposed Harris must suffer death for poisoning hs
young wife.
Recorder smyth arrived at his conclusion after
giving all his waking hours to the consideration OF
the for week. Yesterday, shortly after
o'clock he sent his decision to the Office Of the clerk
OF the Court OF General Sessions Distrct-Attorney
Nicoll announced later that the prisoner would b
sentenced to death anew Monday.
The opinion covers ffy-One pages OF legal cap
paper, type-wrtcn, and contains about IA 500 Words
1t begins by rectng the facts that Harris wns In
dicted for and convicted Of murder in the first de.
gree committed upon Helen n. Potts by administer.
Ing to her morphine, which caused her death on
February l, 1891. The Court OF Appeals decided
against the appellant all the justices concurrng In
the opinion of Judge Gray. A motion for new trial
was subsequently made the ground that newly
discovered evidence would show that the young
woman was addicted to the morphine habit and that
her death was caused by overdose of the drug
administered by herself.
The Recorder declares that q reference should be
had to the facts which established upon the
trial bearing upon the question to whether the do
fendant administered the fatal dose OF morphine
The opinion points out that It now seems TO be con-
ceded although the fact strenuously contested By
the defendant on the trial, that the death was caused
by morphine poisoning. The Recorder then quotes
justice Gray's review Of the facts In the case. FIf
teen pages are given to this. Then the opinion says
In determining this motion not only regard tho
act stated In the moving and papers read In
opposition TO the motion but also take into con.
sderauon the testimony In proceedings had and taken
upon the trial and the result arrived at by the Court
OF Appeals In its determination Of appeal from the
red
In the first place propose examine the so.caled
newly discovered evidence the Is presented upon
the aiidavits before BY the testimony Of
Mary NJ Frenette and Ethel NJ Harris her daughter
1t sought to be established they were on terms Of
Intimate personal acquaintance with family the
deceased and with the herself that that &C.
quainance continued during the residence the family
Of the deceased not only in the city Of Philadelphia but
also In the city Of NewYork and that the deceased frc
queny visited the daughter Mrs Fenette house
in this city during the winter OF 1882 that morning
in January. 1859, the day following the visit by the
deceased Ethel NJ. Harris, Ethel found In her
sleeping heavily ond apparently dead. and hat
evening the daughter had taken pill which had been
given her by the deceased Ethel NJ Harris after stating
her familiarity with the deceased and the giving by the
deceased TO her OF the pill mentioned in her mothers
affidavit that the deceased stated to her that she
in the habit Of taking those pills herself when
suffering from sleeplessness caused by pain.
She also states that in July, 1889. while she was
stopping hotel in Long Branch she went one day 70
Asbuy Park and Ocean spend part OF the day
with the deceased, and driving with her. that
complaining OF headache she received from the de.
"a pill which the deceased selected from number
OF which the deceased took out OF her DRESS ana
that result 1 taking that pill produced sonud sleep
with slight dizziness next day. This aidavit b mes
by the adayit OF George Potts, the father Of the %
and Mrs. Potts the mother Of the deceased VINO
positively and distinctly that they never heard o.
Mrs Frenette or Niles Harris: that they never visited
of and that they had no acquaintance
with either them, and, further that neither Mr nor
Mrs. Potts deceased resided in the city OF
Philadelphia, or visited the house Of Mrs Frenette
in that city, Mrs. odds her affidavit the facs
deceased IN the city OF Phiiadeiphis
after she became five years OF age In answer 10 he
allegations contained the affidavit OF Ethel NJ Harris
which she met the deceased In July. 1852
and visited her Asbury Park and Ocean Grove, and
driving with her. received pill from the deceased. botn
Mr. and Mrs. Potts positive that from July 70
September 1882 deceased not at Asbury Park
Grove but that she then absent from the
State NewJersey and was then spending the summer
in Scranton Honesve in the State OF Pennsylvania
respect Mr. and Mrs Potts are sustained by tho
testimony OF Mrs. Treverton, William c. House and Kate
In addition to this evidence eontro'ertins the
testimony Mrs Frenete and her daughter. the people
have also produced proof establishing conclusivey has
both Mrs Frcnette daughter persons OF grossly
immoral and bad character and entirely unworthy of
creience do not deem 1t necessary to upon the
relevancy suciency OF the evidence OF Mrs Frenette
daughter for the that the evidence oeore
e ooncsycly establishes my mind that their testimony
upon granting OF this notion by the testimony OF
susan Jackson the defendant proposes to est'osn
while the deceased pupil OF her school IN hs
city during portion Of the school year OF ioo'oo o"
many she suffered from head lchcs and that she
Informed that she in the habit OF taxing
morphine furnished from prescription given TO her by nef
uncle who was physlcianevidently Dr. TIevertop-tht
she get very angry and in fit OF passion thfeaten
to life by dost OF opium that she said her nome
was hell on earth before she would go homo
she would herself by taking dose OF opium tnat she
frequently received from Mrs. Jackson permis-
the Office OF Dr. Lewis, Mrs Jaeksohs tahy
ply scian, for the purpose OF getting morphine
In answer affidavit OF Miss Jackson an aihdavt
produced made by Dilwoh Choatc which states u'.
he called upon Jackson February 20. 1885 and
utter calling attention the statements referreo 70 a
IN the habits of the forth in Miss Jacksons
AFFIDAVIT and as the statement OF the deceased 70 hes
that she used morphine which was furnished ~
prescription given by Dr. Trererton, and had made appl-
cations for leave visit the Office OF Dr, Lewis I'D
onsver IN the following question, put " her by the
aaant Choae II she positive Miss Potts had said
Morphine Miss jackson replied that she Thought she ssie
mo oIhnc; said powder for the headache thas
she Miss Jackson, would not he POSITIVE Dut tat WAS
about her recollection and being asked further by SAID
hoate il She the custodian OF the deceased did not
deem il TO be duty " inform her parents OF the De-
c,aseds practice OF taking morphine. Miss jackson rcpea
.Ycs il l it.' And to further questions put oy
said Choate you did not know the girl took
mol lhne Z" Miss Jackson replied. mo. did not" and
also stated further that she was absolutely convinced
did not nave actuai VISUAL e'ueee 'Ae ""uAs
not tell the patents.
rhc evidence Of Jackson Is most hearsay, and
OH trial would be admissible; but the people have
introduced evidence establishing the fact that DR.. Lewis
Miss ply sca ~ whom reference Is made In her
aiiu. it, having his attention called 10 Miss Jaeksohs
e,ilSc stateo that occasions he did
rescrte for asod Miss Jackson's school, Civ.
Ing her simple remedies a slight ndsposton, and
tat he certainly not give her morphine or any com.
Mound Of it, and that she asked him for NOR
rhine onium other opiate
The evidence OF Mary a. Lewis, who had been do
me stic in the house Dr. Treyerton, in Scranton,
that she saw the deceased take pills tablets from
box, and occasion the deceased asked her she
over took opium. The witness replied by asking the
deceased IL she took opium The deceased said It
NON, Of the Witnesses business few days after this