New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1893-05-05
nEATH FOR CARLYLE HARRIS.
GOVERNOR FLOWER DENIES THE APPLICA.
TION FOR CLEMENCY.

TJON FOR CLtMENC1.
rur EVIDENCE CoNCLUSlvE-THE. RESULT OF
TUE NEARING BY REFEREE RAINEs CON.
FIRMS THE THEORY OF GUILT.
NV ,xLssRArA rxrsuNEl
Albany. Nav 4-Governor Flower to-day denied
.,o ,nnlication of Carlyle w Harris for executive
clemency
..,sr than usual this morning He said that he
bod been working on the Harris case all last
svenng. and did not complete the opinion ac-
companyins his decision in the matter until after
midnight
There had been rumors In Albany that Mr..
Flower would commute Harris's sentence to life
imIrisonmcnt but these statements did not have
the slightest foundation. Governor Flower had
not then examined the evidence taken by George
Ranes and had not permitted himself TO come to
any decision upon Harriss application. Equally
uniounded were the statements that Governor
Flower Is opposed 20 capital punishment and there
fore would not consent TO the execution OF Harris
Governor Flower said this afternoon that he
preferred not 10 say anything more about the
Harris case than is contained in his memorandum.
Harris will suffer death by electricity some
time in the course of the week beginning May s.
In denying the application, Governor Flower
tled the following memorandum:
The evidence adduccd upon the trial Of Harris
established beyond reasonable DOUBT that Helen Potls
tl,d rom morphine poisoning, ana compelled. as
strongly as Circunsantidl testimony can compel. tAc
i,lered by the Defendant with intent TO XIII. The
Court Of Appeais. Ill denying TIE Application for
new trial. reviewed carefully and lmparuay the evi
dence presented before the jury and pronounced IL
conclusive In establishing thr guilt OF The defendant
With this judgment OF The jury ana the courts con
sidering the nature and circumstances OF the crime
! Should have promptly refused to lnlcric;e had II
ha,f far md ,ffauln new
uial, based upon alleged evidence In amdavits sub
United TO The Recorder TO show that The deceased
Helen Potts, Was oI some lime prior To her death
addicted 10 the use Of morphine No such evidence
and. if established YOU'D at least create doubt
whether The deceased did not die from poison admin
The DstrictAttOincy convinced the learned Recorder
jury had they been introduced upon the trial. and 'ic
denied. The publication Of thi, supplementary les
imcny however nced he prcscntaon before the
BAcenti'e upon thr application for clenency. OF
ccnioting statements Interested persons relative
to The matters contained IN the afndavs before the
Recorder.
Under the provisions of the Code the Recorder
was unable 10 take the verbal testimony OF the Wit
ever, Is permitted to the Executive In dotermning
applications for eemency under Chapter PIX Of the
fendant the bench, Of every doubt by permitting
him 10 furnish satisfactory evidence that the de-
have taken her own life. availcd myself OF the pro
visions of this statute and appointed The Hon. George
Eaines. of Rochester. 10 take The testimony OF wit
upon the questions raised In the afdavits laid
before Recorder Smyth and in the testimony hubsc
Quently placed In my hands.
Every opportunity afforded at the hearing TO
Invite evidence upon the questions at issue, but
careful examination of the testimony taken can lead
to hut conclusion The witnesses for thu de
fendant have entirely failed 10 establish the alleged
morphine. No valid evidence has been produced to
prove that she ever took morphine, except on
few occasions for medicinal purposes.
Indeed, the result OF this hearing, taken in con
necicn with certain aday' filed after rt the be g dr
port more strongly Than before the theory Of tine
Miss WaddeIl and Miss Jackson might ali be con,
sidcred establishing that Miss Potts was a NOR
would weigh little against the afhdavits of her school
mates and one Of her teachers as to her ntcrnnccs
supply most important link in the chain OF evil
dcnce, and their accuracy was not assancd In any
quote from the affidavit Of Miss Rockwell, one OF the
deccascd's schoomstes
deponent from the New YORK. SYMPHONY concert and
while proceeding to tic room wherc Miss Pot. was:
and the Others to keep quiet Miss Reed said Miss
rCs had @ pd, her to % AZ e PARTY M % %Dicn be % Cart
lyle " as 9ad syen her ana II %Tdcr to ,rri 2S,1
bad had % ad1ised Miss Potts to keep absolutely gniet and
hot 10 talk: Miss Reed stated t1at Miss Pots had
sad 1, Harms c h1a n 'G MdS her ne N Ind r9 even r @ and md
which she had taken had not acted properly was
Gm reaching Inc room Ms, Potts was in bed she did
rot speak 10, several minutes then siie sait
oh girls. have had saci lovely dr. ans wish
they would 60 forever. have not really been
asleep-only lying here Doing then she bectne
quiet. soon after the Sas was turned on Miss Potts
began 10 talk and 10 say
. :oI. gins; j mink I'm going to die; never
these pins for twelve nights IN succcsionhe said lie
had tikcn them himself. Carl would not give me
Mis- Carson at this time was beside N bod Of
Miss Potts and was rubbing her head Miss Potts
Frances, can hardly you; hardly
Miss Carson rubbed harder, and then Miss Potts
said G% ZONES OF" Of @ See fS %sre as c nos c
rec'dins or being overcome by ,ap s,up9r which she
coa rot eonr" Iea hen r, sr h"d ryS this to m.
] would blink goinS 10 die bit. Of course
Carl would not give anything to me but what WAS
"Afrr she made these remarks she reneated the
exclamation. 'Oh. Carl Carl Carl as though she was
crying; her voice was apparently choKed WIN ""o
Then depon.nt and her rcomnates tried 10, 10 com
posc Mis- Potts and tod her to 70 to sleep at she
wculG be I'll right In the morning 10 tliS ehe
II do it will he deaths Sleep
You 90 to sleep. Ilelen.' rejolned Miss Carson,
and will be right here, and YOU can call me II you
THE dying girl replied .An right; only look
every few minutes and see If ! am s'n breathing
This inquiry into the case by the examination Of
witnesses and otherwise leaves no doubt IN my mlna
the application for clcmcncy that impartial and con.
stieniiOus study which the fate " any human NC
demands. and which the popiiar inteT,t ~ ths t c1
could determine. Harris was GUILTY ~ meihons
crime revolving in It's conception ana IN inc coe oe
tidcrrons have been presented to tie Executive to
justify his intervention in the execution OF The SCH
tencc
The application for Ccmency Is therefore denied
HARRIS RECEIVES THE NEWS COOLIY.
YITTr uovrn ny rur vrcs sACE-FXPECTING