New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1893-04-12
AGAINST THE APPLICATION.
MR.. NICOLI. AND TIE RECORDER THINK HARRIS
SHOULD BE PUT TO DEATH.

MR. NICOLI AND TIE RECORDER THINK HARRIS
SHOULD BE PUT TO DEATH.
District Attorney Nicoll yesterday sent TO Governor
Flower his opinion of the merits OF the apphca'ioh
for pardon of Carlyle W. Harris or the commu'a-
ton OF his sentence Mr. Nicoll will not appear before
the Governor in connection with the case Recorder
smyth has also written the Governor about the ap
plcatiOn. Mr. Nicol's letter Is dated March - ana
reads:
| have the honor to acknowledge the receipt OF Il
communication. under date of January "a. 1e9' in
forming me That application for Executive clemency
has been made on behalf of Carlyle W. Harris who
convicted OF the crime of murder IN the MS,
degree in the Court Of General sessions Of this county
and sentenced February, lo!2. to be executed and
who was subsequently rescntenced to IKE penalty Oh
This prisoner was indicted for the crime Of murder
In the first degree for The killing of hiS wife. Mary
Helen Nelson Potts and Was any r p,,,ar hrl
jury. the 14th day of January. loo. Mhe1 he was
duly convicted of the crime OF murder III the hrS'
Asreeably to the requirements Of the satutc in such
case the Clerk Of the Court Of General sessions did
cause 10 be prepared and prin,cd cope, of the
senographer's minutes of the evidence and the charge
roll S1 hc T%e Cneed Which "rcd tie ts and ex-
ceptiOns upon which tbs prisoners appeal rom ihc
Judgment Of his conviction was he %G ana GUH
which, as am informed. Is now on lille In the IN
ecutive Chamher and which record gives all The facts
Upon the argument Of the appeal from such judg-
ment of conviction. prepared for submission TO thr
this case with reference the folios Of the printed
case sustaining the same, together with brief upon
the law applicable to the points raised by me
prisoners counsel on such appeal. copy OF which
Statement and brief herewith incoSe and make part
OF this, my report.
After due deiberaton had by the Court OF hpp'alS:
the Judgment OF conviction Wa unanimously affirmed
by that body. an opinion. giving summary OF the
facts also being written by Mr. Justice Gray. in winch
al the Judges concurrcd. and copy whereof here
with inclosa and make part o. thiS my rrnor,; =, A.,
ater rcfelpt o inc ,'il''nr ,o, II , W 80, g.,
reals motion was made On behalf ~ ms prisoner or
trial upon tln ground ~ newly discovered eNi-
donce. This motion was as"d mon Number OF alhol-
Wits some acconpanytne thc no,G thereof, a,n ", t
suoaeIue..u! II,fi any u'N w" onnoe,iou 70 S,cb
prior to It's decision ,1erno. liz m1pJa'n 10 ,d
honon LOT NV n ,, ,o,nr - aNdo,.i,s cnnos
whereof ms wn rs Of those submitted By this pris-
Oner | herewith nclcse.
After due deb,r aton had upon such lrotlnn INC
learned Recorder handed down 4 dcf islon deiNihe
such motion. ACCOMPANYING th" sam" win an OPINION
wherein he carefully weighed the points ana iac''
presented upon this motion: and In Wow Of such
opinion do not feel incumbcnt upon myself 10
make any further comment thcr on ] herewith IN
close n copy of such OPINION.
An order having been duly made and entered Do
nyinC this prisoners motion for TRIAL. Dauglt
remained for the Court but appoint week within
which the sentence Of death pronounced against the
prisoner shonld be executed, rs required 10y stature
and. accordingly the prisoner waS arriicncd NJ !ne
bar OF the Court OF Genera sessions before IN.
learned Recorder on trr tW"nt"'h daV "l MhIch IA
past. and Judgment was ti"n ana there pronounce