Santa Fe new Mexican. [volume] (Santa Fe, N.M.) 1898-1951, 1899-05-13
HELD TO ANSWER
Walter E, Locke Must Stay in Jail
Pending Trial for Murder Of
Fred. L. Merrill.
BAIL WAS REFUSED HIM
The Prosecution Disclosed Little Evil
dence and the Defense Failed to
Establish q Case of
Suicide.

Justice ]. NJ. Garcia, at the hearing
of Walter f. Locke yesterday after
noon, overruled the motion of the de-
Tense to release the defendant for
want of sufficient evidence. He also
overruled the motion to admit Locke to
bail on account Of reasonable doubt
against the defendant. The judge then
remanded him to await the action of
the grand jury on the first Monday in
September.
G.. B. Chaplin, for the defense, testi-
fled that Sunday evening, between 5
and 6 o'clock, he hailed James Van Ars-
dale's coach, which was standing in
front of the Jail at the time. Merrill
was in the carriage, and wanted to get
into the Jail to see O. l.. Merrill, but
was refused admittance. Then F. L.
be one of my pail bearers" Later on
Merrill said: Next time you see me
will be on the road to the cemetery"
One of the next witnesses for the de-
ltllSt, UulllGS NdH AlSudlC, Idlly lOl-
tradicted one of Chapin's statements by
testifying that Chaplin had come into
the carriage in front of Lacome's sa-
loon. Van Arsdale described the car
riage trip he had taken that afternoon
with Merrill, and admitted that he had
said Monday afternoon to Deputy Sher-
if Huber that there might have been
women in the hack with Merrill. Van
Arsdale, however, said that Upon more
serious thought he was positive that
there were no women in the hack. He
drove with Merrill to Fairview ceme-
terry, where Merrill stood beside the
grave of his sister, and said: II want
to be buried right beside of her." Van
Arsdale asked: What do you mean?"
Merrill answered: Il want to take my
life" Van Arsdale told him: mo sane
man will say that After that Van
Arsdale fell under the influence of IL
quor. Later on Atalano Gold was picked
up. and he drove, Van Arsdale going
into the hack with Merrill.
Atalano Gold testified thai he had
hidden Merrill good-by in front of his
home. Merrill shook hands with Gold
before going into the house, and said:
"Good-by, if we never meet again.
Charles B. Conklin testified that April
81 Merrill had asked him for the loan of
a pistol. Il want to shoot myself; l do
not want to see to-morrow's sum-" 1t
was also testified that since his sisters
death Merrill had appeared melancholy
and all knocked out
Dr.. Daniel Knapp was the last wit
ness of the defense. He testified that
one of the wounds on the right side of
the head was a clear, incised wound,
When asked to explain the circular
apertures in the skull on both sides of
the head he said that they might have
been caused by a bullet, especially since
no piece of skull fitting in those open
ings had been found, and that the bone
around those apertures had not been
badly splintered. The territory, in the
cross-examination, pressed DR.. Knapp
very closely, but failed to shake his tes-
timony.
During the latter part of the exami-
nation Locke became visibly excited,
and demanded that he wanted a per-
feet examination. He also demanded
that Merrill's alleged statement should
be admitted as evidence. Locke showed
by his actions that despite his affected
GOODNESS he was. after all, a very *
citable character. who, under a strong
stress, would lose his head.
The defense held that Merrill might
have died from the effect Of a bullet
wound; that Merrill had repeatedly, up
to an hour or two before his death,
threatened to commit suicide, and that
the prosecution had failed to produce a
scintilla of evidence to show that Locke
was in any way connected with the
murder, if murder there al
District Attorney r. c. Gortner made
a formal address, while A. B. Renehan
made an eloquent and elaborate plea
for his client.
Locke took the judges decision coolly,
and expressed no emotion when led
back to Jail. Judge Garcia's decision
meets with popular approval, and while
the territory did not make a strong
showing at the hearing yesterday it is
known that it holds considerable evil
dence against Locke, and that it has
compelled the defense to show it's hand
and outline its method of defense, with
out disclosing much of the evidence of
the prosecution.
Locke yesterday shook hands with
District Attorney Robert G. Gortner
and said: my God, you are trying an
innocent man." Locke then wanted to
tell Gortner the story of the alleged
suicide, but the district attorney re-
ferred him to the attorney for the de-
Tense. Attorney Renehan threatened to
withdraw from the case if Locke did
not stop talking to others about the
case.
A very thorough search Of the prem
ises of Locke's residence was made.