Santa Fe new Mexican. [volume] (Santa Fe, N.M.) 1898-1951, 1899-05-23
CONSPIRACY CASES
The Defense Has the Floor and
Brings Out Stories of
Smuggling.
MERRILL MAKES DENIALS
Allegations That Garner Had Hallucina-
tons and the Prison People Did
Not Believe His First
Story.

Yesterday afternoon Detective Cook
completed his testimony in the peniten-
tiary cases. He had learned in Mis-
souri, that various crimes of the gang
Garner said he belonged to We're really
committed.
Bernard Spears, former penitentiary
yardmaster, was put upon the stand.
He told how every few weeks Garner
gave him a small package of strych-
nine, and said he had found it in the
garden, where a guard named Burns
had dropped it. At one time, when a
whole bottle of s%trychnine was handed
to Spears, Garner said a small quanti-
ty had been taken out and tried on a
dog. When the last package was re-
ceived Garner said: This is the last;
the gang says hat they have done their
part, and they will be raising the devil
with me for not doing mine"
Mr.. Spears testified that several
times he, Colonel Bergman and o. l..
Merrill held meetings to discuss the
Garner story and the source from
whence came the poison. There was
hardly a week during the eight years,
under the four superintendent he
served at the penitentiary, that some
thing was not struggled in by convicts.
| Acids, knives, files, paper, lead pencils
and other articles Were constantly
| found, and there was always mystery
| as to the methods.
The witness, Colonel Bergman, o. L.
| Merrill and a guard named Kelly con-
| stantly watched Burns and Garner.
| Burns conduct was above suspicion,
| For four weeks Garner was sick, and
| one week he was entirely out of his
head. For two months he had been
working at the capitol, and it might
have beer comparatively easy for him
to smuggle in the poison, hide it, for in
| stance, in the hollow iron Of the bed
| steads. or in the ventilators.
Colonel Bergman and the prison off
| Gals ate the same food that was pre-
| pared for the convicts. Orders were
| given not to allow Garner in the kitch-
| en-. The prison officials believed
what Garner said of alleged plotters,
| Garner was not placed in a dark cell OF
| punished for infraction of the rules, be-
cause in hat manner prison authori-
| ties never succeed in getting a true
! statement out of a convict,
Nba, tho porroooc unra in tba nan.
itentiary three bottles of acid, files, two
| saws and other matter We're Struggled
in, and it was never discovered how
| they were taken in. The Borregos We're
punished by never being allowed out
| side, and, after they sawed their door,
by being kept in a blind cell.
William Cole, ex-night dollhouse
keeper, caused much laughter by his
quaint and naive answers. He caught
Francisco Borrego after the prisoner
| cut his way out of the cell door. The
| witness found an ak struggled into a
dark cell.
Spears was recalled, and said thai
| any prisoner was at liberty to complain
| to the warden. Garner had said tc
| Spear: II do not want my three months
for good behavior, as l would rather
stay at the p%enitentiary. The gang will
murder me when / get out
Henry Bergman, son of Colonel
| Bergman, was the last person on the
| stand, but produced nc material new
l o,,;Joroo liz oaptro 1iotnI httpeD1f in ar
| obvious n several times.
TO-DAY'S PROCEEDINGS.
O. L. Merrill, one of the accused, was
on the stand all morning. He declared
as the latter testified, to get the attor-
| ney to secure a pardon for Garner, MOI
| did he tell the attorney that Garner had
| 1915, and would pay $3.50 to get a par
| since Garner was sent to the peniten-
| tiary: that, to his knowledge, Garner
| had not a cent when he came to the
! prison, and that he had never men,
Garner, nor did Garner ever mention il
| to him. Eight or ten times on the stand
Merrill stated emphatically that the as
| sertion about his calling upon Mr.. Cat
ron was untrue. Merrill told the story
of the finding of poison; of Carriers
treatment after he had made a state
ment, and of the prison discipline and
rules. When Merrill told Colonel Berg
mann the first time about Gamers talk
Colonel Bergman answered, ut is all
~confounded bosh." They did not make
the matter public, for the reason that
If everything that prisoners said were
made public innocent persons outside
of the penitentiary would constantly be
involved in scandal, and if notice were
taken of every accusation Of %convicts
against penitentiary employees not a
single person would remain in the pen
itentiary's employ. Mr.. Merrill said he
was a friend Of Mr.. Fornoff for many
years, and they had intended to have
Mr.. Fornoff to investigate the finding
of the poison. but after they sent for
Fornoff, Garner made the statement
that Fornoff had sent the poison into
the prison. That put the penitentiary