Santa Fe new Mexican. [volume] (Santa Fe, N.M.) 1898-1951, 1899-05-22
CONSPIRACY CASES
A Number Of Witness Testified IN
the Case Today About the
Charges.
HON. 7. B. CATRON'S VIEWS
He Had Nothing Whatever to Do With
Criminal Matters in Missouri Detec-
tive Cook Tells Of Missouri
Grimes.

OIluOcs
The hearing in the penitentiary con-
spiracy cases was resumed this morn
ing before Judge McFie. The first wit
ness examined was Hon. T. B.. Catron.
denied in toto all knowledge of the
events with which Garner had connect
ed him in sworn statements. About six
months ago 0. L. Merrill had come to
him and said that there was a prisoner
named Schultz at the penitentiary who
wanted to have a pardon; h a he a
about 1915, of which he wanted to send
$125 to his wife in California, while he
was willing to spend the rest for a par
don. Mr.. Catron asked Mr.. Merrill why |
he didn't go to his (Merrilps) friend Mr..
Crist. and Mr.. Merrill insisted that Mr..
Catron should take the case. Mr.. Cat
ron did not take the case. In the matter,
however, of the parties mentioned by
Garner as being in Missouri. Mr.. Cat
ron had only seen Attorney Benton, and
that was in congress at Washington. j..
B. Hart was the first to give MI. Cat
ron an inkling of what Garner was al
leging. Mr.. Catron said that, judging
from Gamers statements and other
facts, although he had no knowledge OF
the mans previous reputation as to YER
acity, he would not believe him under
oath. But he said there was good
ground for holding the defendants on a
| charge of conspiracy for the following
reasons: The statements of Garner and
| Hart, the reported sayings of Colonel
Bergman and Mr.. Merrill; MerrilTs at
tempt to retain him for counsel for
Garner, the attempt to get Fornoff to
go out to the ~penitentiary, the introduce
ton into the penitentiary at a dozen
different times of poison in sufficient
quantities to kill off the whole peniten-
tiary population, Mr.. Catron said, all
seem to point to a conspiracy to charge
him with some crime. He and Colonel
Bergman had beer friends for thirty
three years, and neither the latter nor
Mr.. Merrill had any reason to be plot
1 llIlk dSdllloI III LII 10 ! HAASNAN
have told him about Gamers state
ments as soon as they heard of them,
instead of trying to conceal the fact.
Detective J. B. Cook, superintendent
of the Rocky Mountain Detective Agen-
cy, was placed upon the stand next. He
exhibited six packages of strychnine
which had been given him by Colonel
Bergman in the presence of Governor
Otero. OF the strychnine, some was of
the chloride and the other of the aka
loid. Neither could be mixed with food
on account Of it's bitterness without the
person eating it discovering it upon the
first mouthful. Cook said he had been
in Missouri, and discovered the exist
ence of a gang who had the password
1869" and other passwords. He also
verified Gamers statements about the
murder of Maggie Campbell and other
crimes alleged to have been committed
by the gang, but the railroad officials
failed to give him any information
about a hold-up of the Frisco train al
Aurora. Cook had verified the disap-
pearance of John Names in Missouri
and had .conversed with John E. Tate
and others mentioned in Carriers
statement. Garner was we'll known in
Newton county, and did all sorts of ode
jobs when at home. Mr.. Cook said that
he would believe Garner under oath
and that Garner told him of the peni-
tertiary conspiracy about a week after
his imprisonment in the Santa Fe jail
The story was told in the presence OF
Sheriff Kinsell and District Attorney
Gortner. Cook said that he was en-
ployed in the case by Governor Otero
but that since the territory had nc
funds available at present for that pur-
!, pose, Mr.. Catron had guaranteed hii
pay.
;. W. H. Garner was recalled, and sale
that he told nothing of the penitentiary
conspiracy to any n but Sheriff Kin
sell and Gortner, and a few words tt
Deputy Sheriff Huber.
Cook was then called as a witness fol
the defense. He acknowledged that
Colonel Bergman and Mr.. Merrill had
done all in their power to help him in
his investigation, except once, when
Colonel Bergman refused at first to
let him see several convicts, but after
ward granted the request. Cook had
many conversations with Garner, both
at the penitentiary and at the Jail, and
some of those conversations were held
when only Cook and Garner were in the
room. Mr.. Cook also produced a box
of the medicine Garner had been ped
ding before he was arrested at Albu.
querque. 1t consists probably Of salt
and soda.
The hearing was adjourned until
o'clock this afternoon, with Mr.. Cook
on the stand.