The morning times., 1896-02-04
HARRIS WILL Be HANGED
Decision of the Lower Court Is
Sustained.
INToXICATION NO EXCUSE
Court of Appeals Declares That the
Murder of Matthew SprueIi Was IA
Most Atrocious Case of Deliberate,
WilfuI and Malicious sHomicide"-SO
Evidence of Self-Defense.

The court OF appeals yesterday after
noon affirmed the judgment vi the lower
court in the ease OF JChu, alias Patsy,
Rarris for the murder of Matthew spruen.
TIE opinion was written by Judge Morris.
1t holds that intoxication could not excuse
the murderer.
Harris was sentenced to hang on January
81 last, but owing 10 the fact that the
court OF appeals had his case under adj
visement, he was reprieved till February
"A. Unless there shall be further eXecu-
tive interference, he Will be executed on
that day, st. Valentines.
The case was submitted about two weeks
ago upon argument by Richard c. ThCmp-
son and Charles L. Frailey for Harris
and Assistant John Laskey Tor the District
attorney.
The opinion Of the court OF appeals
says this is "a most atrocicus ease OF
deliberate. wiIfuI, and malicious homi-
eide" There was one exception noted TO
Judge Coles rulings iii the trial. and the
appeal was based mainly upon MS re-
fusal TO grant seven prayers OF the ten
asked for Instructions 10 the jury. These
prayers related to what eonstitut
reasonable doubt, whether iutcxication may
be an excuse for such crime, and what
| constitutes sufficient evidence OF fear CT
| bodily harm TO warrant selfdefeuse. There
were four assignments of errcr.
INToXICATIoN CONSIDERED.
Judge Morris devotes most OF his time
to the question OF allowance on account
| OF intoXicatiou. He holds that law gov
erning in this District makes intoxica-
tlon no excuse whatever fer misdoiHg. lie
writes:
| But we hold emphancally as the law
| Of the District OF Columbia that voluntary
| intoxication is neither an excuse nor a
| palliation for crime. Voluntary intoxi-
| cation is Itself crime, at least in morals,
| if not always in law. Itis always at least
] a vice And it would be subversive OF all
| law anG all morals, If the commission of
| one vice or crime could be permitted to
| operate as an excuse or palliauon for
| another crime
| He says mtoxication is likened to in
| sanity and called a disease. That il IS a
disease may be admitted, but if it is
voluntary and leads to the commission OF 4
| criminal act it is a crime in itself.
! In support OF these views Justice Story,
in the United States vs.. Cornell, Judge Shaw
| in Common wealth KS. Hawkins. and Judge
| DEMO in a New York case, are quoted:
| 1T is nexorabIy demanded for the pro-
| lection of society against lawlessness,'
| continues the opinion. that the court
| should not yield to sentiInentaiity and fol-
| low judicial utterances which set premium
| on vice by conformation OF crime resulting
| from reckless habits"
Judge Morris saws the court cannot. Of
course, pay attention TO statutes in the
| States which make distinctions as 10 de
| grees of accountability for homicide.
While Judge Cole did not specifically
| charge the Jury upon the matter OF in
| toxication. what he did say was broad
enough TO allow the jury to consider the
effect of liquor upon Harris if they de-
sired to do so. If intoxication is con-
| sidered at all, the opinion says, il is only
as it affects the intention and premeditatol
required to constitute the crime OF murder
NO sELF-DEFENsE.
On the question OF the weight that
should be given evidence of seif-defense,
Judge Morris says there was no evidence
| whatever, either of self-defense or that
the crime was committed in the heat OF
| passion.
He says the law in regard to murder, man
slaughter and self-defense was fully stated
by Judge Cole.
As to the alleged error by Judge Cole. in
refusing to instruct more fully and clearly
as to the strength OF evidence necessary to
convict, it is held that he would have been
in error to say more than he did. II would
have tended 10 confuse and mislead the
jury.
With a compliment TO the ingenuity and
ability displayed by counsel for tue defense,
Judge Morris concludes that Harris had a
fair trial, with every advantage due him
and the judgment against him is just.
The murder occurred on July 4 last
Harris lived over Spruell's barber shOI
on Thirty-third street near NJ was drink
ing. came in, and without cause. quarreIet
with Spruell, who had been his friend
pursued him along Thirty-third street tC
NJ, turned the corner and followed him VI
the stairway of the corner building, anC
shot him dead while he was trying to escape
Boston Signs "a Pitcher.
Boston, Feb. 3.-The Boston club ha:
4 7