Santa Fe new Mexican. [volume] (Santa Fe, N.M.) 1898-1951, 1899-05-24


at the last moment.
o.. l.. Merrill was on the stand. He
admitted hat he had heard of a train
wrecking story in September, 1897; that
Garner was telling at that time. The
train wrecking was to be done in New
Mexico, and was to be for the purpose
of killing Ex-Governor Thornton and
the other officials mentioned in Gamers
at1idavits. Colonel Bergman, in Sep
TENDER, 1897, had written out a state
ment containing the story told by Gar
ner in reference to the New Mexico
train wrecking scheme.
General Charles f. Easley was placed
on the stand, and testified to the cir
cumstances attending the making of
Gamers statement offered in testimony
by Judge Mclaughlin yesterday after
noon.
Governor Otero was placed on the
stand as the next witness for the de-
Tense. Governor Otero testified that at
one time he assisted in conveying five
prisoners from Denver to the peniten-
tiary at Detroit. They We're examined
thoroughly at Denver and at Detroit.
One prisoner turned around after the
examination at Detroit and took a key
from his mouth and handed it to the
witness, saying coolly, II have nc use
for this here The witness thought it
was possible to smuggle strychnine
eight or nine times into a w~ell-conduct-
ed penitentiary. and that it might be
very difficult to discover where it came
from or how it was taken in; although,
on the other hand, it may also be very
easy to discover those facts.
Colonel E. H. Bergman was next
sworn. He recited his war record, how
he had built Fort Bascom and had
commanded it for four years, and been
mustered out a lieutenant colonel after
honorable service, etc.
The witness told of Gamers doings
at the ~penitentiary. Early in Septem-
Der, 1897, Garner went to Bergman,
the witness said, to make a confession.
Val { Sdlu lie was COlloIloilCt SLllChCL,
had been converted by the Christian
Endeavor Society, and wanted to save
the lives of innocent men. He told a
confused story of train wrecking, etc.
"Shultz,' said Colonel Bergman, "this
is a cock and bull story" The witness
was convinced that Garner was insane,
and asked DR.. Harroun to examine him.
DR.. Harroun pronounced the convict
perfectly sane. Garner soon afterWard
had a second interview, and Colonel
Bergman commenced taking down
Gamers statement, but became so dis
gusted with it that he said: "Shultz,
you are duplicating highly honorable
men, Shultz said, But it is all true!"
Bergman then ordered him out of the
room. That same fall Mr.. Bergman
confided in Judge Mclaughlin, then
district judge. The judge said: This
is a serious matter. Keep quiet until
we have some tangible facts" The CON-
munications from Garner came pouring
in, and Mr.. Bergman asked Judge Nc
Laughlin again what to do. "Tell it to
the governor" was the advice given by
Mclaughlin. Governor Otero was in
formed, and enjoined secrecy pending
an investigation.
The witness wrote to Missouri to find
out whether Folden Bailey was still
there, because Garner had said that
Guard Burns and Folden Bailey were
the same. The answer received stated
that Folden Bailey was at home on his
ranch near Waddill. This convinced
Bergman hat Burns was an innocent
man. Nevertheless, Burns was contin-
ually watched.
When Garner made his first sworn
statement to Judge McFie and others
he hesitated in signing the statement,
and said that he ought first to see his
lawyer. Bergman then said to him:
"If your statement is a lie, don't sign
t." and Governor Otero repeated the
admonition. MI. Bergman said that
he was in local drug stores to inquire
whether they had sold any strychnine,
and he was informed that no strychnine
was sold in the whole territory of New
Mexico in bottles such as Garner had
turned over to the penitentiary authori-
ties. When Captain Hart first APP
preached Colonel Bergman with Gar
ner's story Bergman laughed and said:
Hart, there is nothing in It." Hart an
swered: There Is more in it than you
think. Your life is in danger" Hart
was given permission to get a state
ment from Garner, and did so. Colonel
Bergman said that he has a theory Of
his w where and how the strychnine
got into the penitentiary, and he would
disclose that later.
Colonel Bergman denied emphatical-
ly that he had suggested or prompted
Garner to make any statement. The
story accusing him of taking a part in
a conspiracy with convicts he called an
Infamous lie. Colonel Bergman, after
telling Governor Otero Of Gamers
story, had also taken Judge Waldo into
confidence. Druggist A. C. Ireland had
informed Colonel Bergman that
s%trychnine came to New Mexico in bot
ties with black labels, and not in bot
ties with red labels, such rs was on the
bottle Garner handed to the peniten-
tiary authorities. Only n objection
had ever been filed against o. L. Mer-
rill as assistant superintendent, and
that was from T. c. Jones, who accused
Mr.. Merrill of having voted for Hon. T.
B. Catron, and should, therefore, not
hold the position Of assistant superin-
tendent. Colonel Bergman was sure
that the strychnine did not come from
Santa Fe or New Mexico.
On cross-examination, on being urged
r-lI - E-T4 L.