The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1893-02-27
CARLYLE HARRISS FATE.
Lawyer Howe Argues for a New
Trial Before Recorder Smyth.

New YORK, Feb. 81, 1S93.-The an
nouncement that the lawyers of Carlyle
w. Harris, who is now in the Tombs
under conviction in the murder of his
young wife. Mary. Helen Potts. would
produce new evidence and ask for new
trial this morning before Recorder Smyth
in Part II of the Court of General Ses-
sions, had the effect OF crowding the
court room long before the time for open :
ing the proceedings. The lawyers for
Harris have announced thnt they have
evidence to prove that Harrls's young
wife was in the habit of eating morphine.
Mrs. Frances McCready Harris, mother
of the prisoner. has secured an amdavit
FROM one of the Leffert brothers, who
during the summer of 1890 kept d drug
store in Asbury Park, adloiuing the Nep-
tune Club, then conducted bv Harris, to
the effect that Leffert had frequently
sold morphine to Miss Potts. Mr.. and
Mrs. Potts, parents OF Miss Potts, declar 9
that she was in Pennsylvania at the Time
when Lefferts sw ears that she bought
morphine of him. They have made affi-
davis to this effect. Mrs. Harris, the
mother of the prisoner. who has made
so strong fight to save MIN from
punishment for his crime came into the
court room early. She was dressed In
deep mourning, but had hopeful air, as
if confident In her power to prove her
sons innocence. Harris was brought
from the Tombs handcu fled to Michael
+. Fallou, the park policeman on trial
for perjury before the Recorder. Mr..
George Potts, father of Miss Potts, came
into the court room shortly before the
Recorder took his seat. Mr.. Potts sat
down 10 the rear of the room on one of
the spectators benches. Carlyle W.
Harris was brought into the court room
at eleven O'Clock and placed in the
prisoners pen at the rear OF the spec
ta5ors' benches. Lawyer Howe OF Howe
& Hummell, Harrls's lawyers, repre-
ented him in the proceedings. At fifteen
minutes after eleven o'clock the Re
corder announced to the jurors CT the
Fallon trial, who were i'll their seats in
the jury box, that a motion had been
made which would consume the time OF
the Court until two O'Clock.
recess in the Fallon trial was ac-
cordingly taken until two o'clock.
Then court officer announced to the
spectators that they had better get out or
two o'clock. The doors of the court room
were then closed.
Harris was then brought out of the pen,
and sat down by his mother. The pair
exchanged few anxious whispers.
At half-past eleven O'clock the Recorder
Sdlu.- NOW, MT. howe, IL you are ready,
the Court will listen to your morion." Dis
trict Attorney Nicoll objected to the in
PRODUCTION OF affidavits Tor the reason that
they were sworn to in the state of Penn
sylvania and that they were not properly
authenticated.
go en- with your motion. Mr.. Howe" /"
said the Recorder.
Thanking your Honor for your con-
sideration, will now proceed to make
uhls very solemn motion" said Mr.. Howe.
Several women seated in the back of
the room wept as Howe went on to de-
nounce the previous conviction as an i'm
proper attempt to deprive his clienG of
life. Mrs. Harris closed her eyes and lay
back in her sons arms. Her intense
pallor deepened as the lawyer proceeded.
''If your Honor knows that of recently
discovered evidence subject to the time
of the trial is made public, that evidence
is of character which must have in
fiuenced the jury, then your Honor must
grant a new trial. This is but simple
JUSTICE" said the lawyer.
Lawyer Howe went on to declare that
Helen Potts took morphine habitually.
He declared that she bought morphine in
quantities. Howe also declared Helen
Potts had threatened to kill herself