Santa Fe new Mexican. [volume] (Santa Fe, N.M.) 1898-1951, 1899-05-26
HABEASCORPUS CASE
Application of Walter E. Locke
Now Before District Judge
McEie.
SEEKING A RELEASE
Testimony of Witnesses to Whom Locke
Talked-The Bloody Bed Of the
Dead Man Shown in
Court.

U0urt,
1t was s o'clock last evening when
the habeas corpus hearing in the
case was begun before
Judge McFie in the court house. AL
most 100 people were in the court room.
E. Locke, accused of murder,
looked cheerful, and was carefully
and groomed. BY his side sat
his counsel, Hon. T. B. Catron and A.
B. Renehan. R. c. Gortner, the plucky
attorney. appeared in behalf OF
the territory. Mrs. Ireneo l.. Chaves
acted as s~tenographer.
The territory offered in evidence a
well-drawn mar, furnished by Engineer
David White, of the house in which
Locke, Merrill and Jacob Levy lived
together. The map showed every detail
and indicated every piece of furniture
in the room, as they were on the night
of the alleged murder.
The first witness called was j. A. La
come. He testified that Fred Merrill
had beer at his place of business in the
afternoon at 3 o'clock of the day thai
Merrill died. Merrill was under the in
1,lence of LIQUOR, and took several more
drinks, and bought a pint bottle Of
whisky. Mr.. Gortner asked: What did
Merrill say to your Mr.. Catron OBJ
iected to the question, which he sal
was not admissible. Mr.. Gortner said
he wanted to prove by the witness that
Merrill had been discharged at the Ar
cade, had asked Lacome for employ
ment, and that there had been a mis-
understanding between Locke and MGR
rill on hat day. Judge McFie sus-
tanned the objection Of Mr.. Catron, as
he did several other objections made
during the taking of the testimony.
Zenobia Ortiz, who worked for Locke
was the next witness on the stand. She
had seen Locke and Merrill together al
2 o'clock Sunday afternoon the day the
death occurred. Merrill went out, bu'
Locke remained. Locke had dinner g.
0.3U o CLOCK Wllu lussle, anu iSi' -
house at 6 o'clock. The witness washed
the dishes and Their locked the door:
ard went away. With the aid of III
map she explained that next to Mer'
rilrs room, and between his and Locke
| room was a spare chamber, with {
| wardrobe, in which Locke kept hi
| clothes. Locke at night KEEP a revolve
| under his pillow, but every morning sh'
| laid it on Mr.. Locke's stand beside hi
| bed. He always kept it there in tn
| day. On that table there also was
tablet. which the witness identified
| There was no writing material in tn
! room of Merrill.
Enrique Baca was next called. RI
met Merrill, James Van Arsdell AM
| Atalano Gold at the brewery Sunda.
evening about 500 o'clock. Merrill wa
| intoxicated and in a stupor. Vine
| they reached Locke's house, about 6:S
| o'clock. Merrill stepped u OF tn
coach with Atalano Colds assistance
He gave Atalano his hand, and SAL
good-by, and several other words Whicl
the witness did not hear. Merrill
though he staggered somewhat, Wake
Immediately into the door and closed II
Witness said that he did not think tina
Merrill was sober enough to write
letter or a statement.
Harry Potter, of the Arcade saloon
| t--I.c ---l E@, tL1 Nu0cao1,ttnn A
5:55 Sunday evening he went to worl
at the wheel. 1t had been reported t
him hat Merrill was drunk, and woul
not be around. Merrill worked shift
with Everisto Lucero. A few minute
before 5 Locke left for his home t
change his summer street suit TO
heavier clothes, because he felt chilly
1t was his custom to go home for lunc
about 10 or II o'clock, and to stay ava
from one-half to one hour.
Richard Huber, deputy sheriff, wa
the next witness whom the prosecution
desired to call, and he was to produc
the bed and other spectacular evidence
AS it was announcement to do so in tn
evening, court adjourned until
o'clock this morning. Before adjourn
ing, the typewriter testimony given |
the preliminary hearing before Justic
]. M. Garcia was put in evidence by tn
prosecution.
TO-DAY'S HEARING.
At the session of court this mornin
the bed on which Merrill was foun
was produced in court. The bloc
stains on the pillow and bed cover, a
well as the mark left by the pool Q
blood on the rug which was lying |
front of the bed, We're visible. The be
was arranged as it appeared on tn
night that Merrill was found dead.
Thomas P. Gable was the first wit
ness sworn. He walked into the Arcad
saloon at 10 O'Clock Sunday evening
May I, and there found Walter I
Locke and others. He was told tina
Fred Merrill committed suicide, an
Walter Locke confirmed the statemen
expressing great sorrow at the fac
Fred had not an enemy in the world,
Locke said to him. Mr.. Gable and ID
Massie were asked by Locke to go t
his ouse. They entered and found
light burning only in Locke's room, blu