CHAPTER XII

THE CROSS-EXAMINATION OF DR. ---- IN THE CARLYLE W. HARRIS CASE

The records of the criminal courts in this country contain few cases

that have excited so much human interest among all classes of the

community as the prosecution and conviction of Carlyle W. Harris.

Even to this day--ten years after the trial--there is a widespread

belief among men, perhaps more especially among women, who did not

attend the trial, but simply listened to the current gossip of the day

and followed the newspaper accounts of the court proceedings, that

Harris was innocent of the crime for the commission of which his life

was forfeited to the state.

It is proposed in this chapter to discuss some of the facts that led up

to the testimony of one of the most distinguished toxicologists in the

country, who was called for the defence on the crucial point in the

case; and to give extracts from his cross-examination, his failure to

withstand which was the turning-point in the entire trial. He returned

to his home in Philadelphia after he left the witness-stand, and openly

declared in public, when asked to describe his experiences in New

York, that he had "gone to New York only to make a fool of himself and

return home again."

It is also proposed to give some of the _inside_ history of the

case--facts that never came out at the trial, not because they were

unknown at the time to the district attorney, nor unsusceptible of

proof, but because the strict rules of evidence in such cases often, as

it seems to the writer, withhold from the ears of the jury certain

facts, the mere recital of which seems to conclude the question of

guilt. For example, the rule forbidding the presentation to the jury

of anything that was said by the victim of a homicide, even to witnesses

surrounding the death-bed, unless the victim in express terms makes

known his own belief that he cannot live, and that he has abandoned all

_hope_ or expectation of recovery before he tells the tale of the manner

in which he was slain, or the causes that led up to it, has allowed many

a guilty prisoner, if not to escape entirely, at least to avoid the full

penalty for the crime he had undoubtedly committed.

Carlyle Harris was a gentleman's son, with all the advantages of

education and breeding. In his twenty-second year, and just after

graduating with honors from the College of Physicians and Surgeons in

New York City, he was indicted and tried for the murder of Miss Helen

Potts, a young, pretty, intelligent, and talented school girl in

attendance at Miss Day's Ladies' Boarding School, on 40th Street, New

York City.

Harris had made the acquaintance of Miss Potts in the summer of 1889,

and all during the winter paid marked attention to her. The following

spring, while visiting her uncle, who was a doctor, she was delivered of

a four months' child, and was obliged to confess to her mother that she

was secretly married to Harris under assumed names, and that her student

husband had himself performed an abortion upon her.

Harris was sent for. He acknowledged the truth of his wife's statements,

but refused to make the marriage public. From this time on, till the day

of her daughter's death, the wretched mother made every effort to

induce Harris to acknowledge his wife publicly. She finally wrote him

on the 20th of January, 1891, "You must go on the 8th of February, the

anniversary of your secret marriage, before a minister of the gospel,

and there have a Christian marriage performed--no other course than this

will any longer be satisfactory to me or keep me quiet."

That very day Harris ordered at an apothecary store six capsules, each

containing 4-1/2 grains of quinine and 1/6 of a grain of morphine, and

had the box marked: "C. W. H. Student. One before retiring." Miss Potts

had been complaining of sick headaches, and Harris gave her four of

these capsules as an ostensible remedy. He then wrote to Mrs. Potts that

he would agree to her terms "unless some other way could be found of

satisfying her scruples," and went hurriedly to Old Point Comfort. Upon

hearing from his wife that the capsules made her worse instead of

better, he still persuaded her to continue taking them. On the day of

her death she complained to her mother about the medicine Carlyle had

given her, and threatened to throw the box with the remaining capsule

out of the window. Her mother persuaded her to try this last one, which

she promised to do. Miss Potts slept in a room with three classmates

who, on this particular night, had gone to a symphony concert. Upon

their return they found Helen asleep, but woke her up and learned from

her that she had been having "such beautiful dreams," she "had been

dreaming of Carl." Then she complained of feeling numb, and becoming

frightened, begged the girls not to let her go to sleep. She repeated

that she had taken the medicine Harris had given her, and asked them if

they thought it possible that he would give her anything to harm her.

She soon fell into a profound coma, breathing only twice to the minute.

The doctors worked over her for eleven hours without restoring her to

consciousness, when she stopped breathing entirely.

The autopsy, fifty-six days afterward, disclosed an apparently healthy

body, and the chemical analysis of the contents of the stomach disclosed

the presence of morphine but _not_ of quinine, though the capsules as

originally compounded by the druggist contained twenty-seven times as

much quinine as morphine.

This astounding discovery led to the theory of the prosecution: that

Harris had emptied the contents of _one_ of the capsules, had

substituted morphine in sufficient quantities to kill, _in place of_ the

4-1/2 grains of quinine (to the eye, powdered quinine and morphine are

identical), and had placed this fatal capsule in the box with the other

three harmless ones, one to be taken each night. He had then fled from

the city, not knowing which day would brand him a murderer.

Immediately after his wife's death Harris went to one of his medical

friends and said: "I only gave her four capsules of the six I had made

up; _the two I kept out will show that they are perfectly harmless. No

jury can convict me with those in my possession; they can be analyzed

and proved to be harmless._"

They _were_ analyzed and it was proved that the prescription had been

correctly compounded. But oftentimes the means a criminal uses in order

to conceal his deed are the very means that Providence employs to reveal

the sin that lies hidden in his soul. Harris failed to foresee that it

was the preservation of these capsules that would really convict him.

Miss Potts had taken _all_ that he had given her, and no one could ever

have been certain that it was not the druggist's awful mistake, had not

these retained capsules been analyzed. When Harris emptied one capsule

and reloaded it with morphine, _he had himself become the druggist_.

It was contended that Harris never intended to recognize Helen Potts as

his wife. He married her in secret, it appeared at the trial,--as it

were from his own lips through the medium of conversation with a

friend,--"because he could not accomplish her ruin in any other way." He

brought her to New York, was married to her before an alderman under

assumed names, and then having accomplished his purpose, burned the

evidence of their marriage, the false certificate. Finally, when the day

was set upon which he _must_ acknowledge her as his wife, he planned her

death.

The late recorder, Frederick Smyth, presided at the trial with great

dignity and fairness. The prisoner was ably represented by John A.

Taylor, Esq., and William Travers Jerome, Esq., the present district

attorney of New York.

Mr. Jerome's cross-examination of Professor Witthaus, the leading

chemist for the prosecution, was an extremely able piece of work, and

during its eight hours disclosed an amount of technical information and

research such as is seldom seen in our courts. Had it not been for the

witness's impregnable position, he certainly would have succumbed before

the attack. The length and technicality of the examination render its

use impracticable in this connection; but it is recommended to all

students of cross-examination who find themselves confronted with the

task of examination in so remote a branch of the advocate's equipment as

a knowledge of chemistry.

The defence consisted entirely of medical testimony, directed toward

creating a doubt as to our theory that morphine was the cause of death.

Their cross-examination of our witnesses was suggestive of death from

natural causes: from heart disease, a brain tumor, apoplexy, epilepsy,

uremia. In fact, the multiplicity of their defences was a great

weakness. Gradually they were forced to abandon all but two possible

causes of death,--that by morphine poisoning and that by uremic

poisoning. This narrowed the issue down to the question, Was it a large

dose of morphine that caused death, or was it a latent kidney disease

that was superinduced and brought to light in the form of uremic coma by

small doses of morphine, such as the one-sixth of a grain admittedly

contained in the capsules Harris administered? In one case Harris was

guilty; in the other he was innocent.

Helen Potts died in a profound coma. Was it the coma of morphine, or

that of kidney disease? Many of the leading authorities in this city had

given their convictions in favor of the morphine theory. In reply to

those, the defence was able to call a number of young doctors, who have

since made famous names for themselves, but who at the time were almost

useless as witnesses with the jury because of their comparative

inexperience. Mr. Jerome had, however, secured the services of one

physician who, of all the others in the country, had perhaps apparently

best qualified himself by his writings and thirty years of hospital

experience to speak authoritatively upon the subject.

His direct testimony was to the effect that--basing his opinion partly

upon wide reading of the literature of the subject, and what seemed to

him to be the general consensus of professional opinion about it, and

"_very largely on his own experience_"--no living doctor can distinguish

the coma of morphine from that of kidney disease; and as the theory of

the criminal law is that, if the death can be equally as well attributed

to natural causes as to the use of poison, the jury would be bound to

give the prisoner the benefit of the doubt and acquit him.

It was the turning-point in the trial. If any of the jurors credited

this testimony,--the witness gave the reasons for his opinion in a very

quiet, conscientious, and impressive manner,--there certainly could be

no conviction in the case, nothing better than a disagreement of the

jury. It was certain Harris had given the capsules, but unless his wife

had died of morphine poisoning, he was innocent of her death.

The cross-examination that follows is much abbreviated and given partly

from memory. It was apparent that the witness would withstand any amount

of technical examination and easily get the better of the cross-examiner

if such matters were gone into. He had made a profound impression. The

court had listened to him with breathless interest. He must be dealt

with gently and, if possible, led into self-contradictions where he was

least prepared for them.

The cross-examiner sparred for an opening with the determination to

strike quickly and to sit down if he got in one telling blow. The first

one missed aim a little, but the second brought a peal of laughter from

the jury and the audience, and the witness retired in great confusion.

Even the lawyers for the defence seemed to lose heart, and although two

hours before time of adjournment, begged the court for a recess till the

following day.

_Counsel_ (quietly). "Do you wish the jury to understand, doctor, that

Miss Helen Potts did not die of morphine poisoning?"

_Witness._ "I do not swear to that."

_Counsel._ "What did she die of?"

_Witness._ "I don't swear what she died of."

_Counsel._ "I understood you to say that in your opinion the symptoms of

morphine could not be sworn to with positiveness. Is that correct?"

_Witness._ "I don't think they can, with positiveness."

_Counsel._ "Do you wish to go out to the world as saying that you have

never diagnosed a case of morphine poisoning excepting when you had an

autopsy to exclude kidney disease?"

_Witness._ "I do not. I have not said so."

_Counsel._ "Then you have diagnosed a case on the symptoms alone, yes?

or no? I want a categorical answer."

_Witness_ (sparring). "I would refuse to answer that question

categorically; the word 'diagnosed' is used with two different meanings.

One has to make what is known as a 'working diagnosis' when he is called

to a case, not a positive diagnosis."

_Counsel._ "When was your last case of opium or morphine poisoning?"

_Witness._ "I can't remember which was the last."

_Counsel_ (seeing an opening). "I don't want the name of the patient.

Give me the date approximately, that is, the year--but under oath."

_Witness._ "I think the last was some years ago."

_Counsel._ "How many years ago?"

_Witness_ (hesitating). "It may be eight or ten years ago."

_Counsel._ "Was it a case of death from morphine poisoning?"

_Witness._ "Yes, sir."

_Counsel._ "Was there an autopsy?"

_Witness._ "No, sir."

_Counsel._ "How did you know it was a death from morphine, if, as you

said before, such symptoms cannot be distinguished?"

_Witness._ "I found out from a druggist that the woman had taken seven

grains of morphine."

_Counsel._ "You made no diagnosis at all until you heard from the

druggist?"

_Witness._ "I began to give artificial respiration."

_Counsel._ "But that is just what you would do in a case of morphine

poisoning?"

_Witness_ (hesitating). "Yes, sir. I made, of course, a working

diagnosis."

_Counsel._ "Do you remember the case you had before that?"

_Witness._ "I remember another case."

_Counsel._ "When was that?"

_Witness._ "It was a still longer time ago. I don't know the date."

_Counsel._ "How many years ago, on your oath?"

_Witness._ "Fifteen, probably."

_Counsel._ "Any others?"

_Witness._ "Yes, one other."

_Counsel._ "When?"

_Witness._ "Twenty years ago."

_Counsel._ "Are these three cases all you can remember in your

experience?"

_Witness._ "Yes, sir."

_Counsel_ (chancing it). "Were more than one of them deaths from

morphine?"

_Witness._ "No, sir, only one."

_Counsel_ (looking at the jury somewhat triumphantly). "Then it all

comes down to this: you have had the experience of one case of morphine

poisoning in the last twenty years?"

_Witness_ (in a low voice). "Yes, sir, one that I can remember."

_Counsel_ (excitedly). "And are you willing to come here from

Philadelphia, and state that the New York doctors who have already

testified against you, and who swore they had had seventy-five similar

cases in their own practice, are mistaken in their diagnoses and

conclusions?"

_Witness_ (embarrassed and in a low tone). "Yes, sir, I am."

_Counsel._ "You never heard of Helen Potts until a year after her death,

did you?"

_Witness._ "No, sir."

_Counsel._ "You heard these New York physicians say that they attended

her and observed her symptoms for eleven hours before death?"

_Witness._ "Yes, sir."

_Counsel._ "Are you willing to go on record, with your one experience in

twenty years, as coming here and saying that you do not believe our

doctors can tell morphine poisoning when they see it?"

_Witness_ (sheepishly). "Yes, sir."

_Counsel._ "You have stated, have you not, that the symptoms of morphine

poisoning cannot be told with positiveness?"

_Witness._ "Yes, sir."

_Counsel._ "You said you based that opinion upon your own experience,

and it now turns out you have seen but one case in twenty years."

_Witness._ "I also base it upon my reading."

_Counsel_ (becoming almost contemptuous in manner). "Is your reading

confined to your own book?"

_Witness_ (excitedly). "No, sir; I say no."

_Counsel_ (calmly). "But I presume you embodied in your own book the

results of your reading, did you not?"

_Witness_ (a little apprehensively). "I tried to, sir."

It must be explained here that the attending physicians had said that

the pupils of the eyes of Helen Potts were contracted to a pin-point, so

much so as to be practically unrecognizable, and _symmetrically_

contracted--that this symptom was the one _invariably_ present in coma

from morphine poisoning, and distinguished it from all other forms of

death, whereas in the coma of kidney disease one pupil would be dilated

and the other contracted; they would be unsymmetrical.

_Counsel_ (continuing). "Allow me to read to you from your own book on

page 166, where you say (reading), 'I have thought that inequality of

the pupils'--that is, where they are not symmetrically contracted--'is

proof that a case is not one of narcotism'--or morphine poisoning--'but

_Professor Taylor has recorded a case of morphine poisoning in which it_

[the unsymmetrical contraction of the pupils] _occurred_.' Do I read it

as you intended it?"

_Witness._ "Yes, sir."

_Counsel._ "_So until you heard of the case that Professor Taylor

reported, you had always supposed symmetrical contraction of the pupils

of the eyes to be the distinguishing symptom of morphine poisoning, and

it is on this that you base your statement that the New York doctors

could not tell morphine poisoning positively when they see it?_"

_Witness_ (little realizing the point). "Yes, sir."

_Counsel_ (very loudly). "_Well, sir, did you investigate that case far

enough to discover that Professor Taylor's patient had one glass

eye?_"[25]

_Witness_ (in confusion). "I have no memory of it."

_Counsel._ "That has been proved to be the case here. You would better

go back to Philadelphia, sir."

There were roars of laughter throughout the audience as counsel resumed

his seat and the witness walked out of the court room. It is difficult

to reproduce in print the effect made by this occurrence, but with the

retirement of this witness the defendant's case suffered a collapse from

which it never recovered.

[25] The reports of six thousand cases of morphine poisoning had

been examined by the prosecution in this case before trial, and

among them the case reported by Professor Taylor.

* * * * *

It is interesting to note that within a year of Harris's conviction, Dr.

Buchanan was indicted and tried for a similar offence--wife poisoning by

the use of morphine.

It appeared in evidence at Dr. Buchanan's trial that, during the Harris

trial and the examination of the medical witnesses, presumably the

witness whose examination has been given above, Buchanan had said to his

messmates that "Harris was a ---- fool, he didn't know how to mix his

drugs. If he had put a little atropine with his morphine, it would have

dilated the pupil of at least one of his victim's eyes, and no doctor

could have deposed to death by morphine."

When Buchanan's case came up for trial it was discovered that, although

morphine had been found in the stomach, blood, and intestines of his

wife's body, the pupils of the eyes were not symmetrically contracted.

No positive diagnosis of her case could be made by the attending

physicians until the continued chemical examination of the contents of

the body disclosed indisputable evidence of atropine (belladonna).

Buchanan had profited by the disclosures in the Harris trial, but had

made the fatal mistake of telling his friends how it could have been

done in order to cheat science. It was this statement of his that put

the chemists on their guard, and resulted in Buchanan's conviction and

subsequent execution.

Carlyle Harris maintained his innocence even after the Court of Appeals

had unanimously sustained his conviction, and even as he calmly took his

seat in the electric chair.

The most famous English poison case comparable to the Harris and

Buchanan cases was that of the celebrated William Palmer, also a

physician by profession, who poisoned his companion by the use of

strychnine in order to obtain his money and collect his racing bets. The

trial is referred to in detail in another chapter.

Palmer, like Harris and Buchanan, maintained a stoical demeanor

throughout his trial and confinement in jail, awaiting execution. The

morning of his execution he ate his eggs at breakfast as if he were

going on a journey. When he was led to the gallows, it was demanded of

him in the name of God, as was the custom in England in those days, if

he was innocent or guilty. He made no reply. Again the question was put,

"William Palmer, in the name of Almighty God, are you innocent or

guilty?" Just as the white cap came over his face he murmured in a low

breath, "Guilty," and the bolts were drawn with a crash.

The Art of Cross-Examination With the Cross-Examinations of Important Witnesses in Some Celebrated Cases · 第 12 / 15 章