Santa Fe new Mexican. [volume] (Santa Fe, N.M.) 1898-1951, 1899-05-17

Mr.. Spears knew who We're kept in the
different cells. Mr.. Spears was positive
that Garner was never placed in the
dark cell, but he was placed in an open
cell by himself for the reason that he
got off his base and imagined that
some one was trying to kill him. Gar
ner did not want to get out of the pen-
%itentiary on January 20, because he was
afraid of the men he was in with, and
was kept in the vegetable house two or
three months, but instructions We're
given by Mr.. Merrill to watch him, and
Burns at the same time, and later Gar
ner was taken out of the vegetable
house.
Mr.. Spears then gave an account of
what happened at the time Garner
claimed to have been put in the dark
cell. He vas demented, and did not
recognize Mr.. Spears. Garner was kept
in d cell by himself for about three
weeks, when he came to himself and
was SEM to one end of the yard for ex-
ercise.
CAPTAIN HARRIS STORY.
Captain 7. B. Hart was called to the
stand.
Under Mr.. Gortner's questions he tes-
titled as follows: In 1898 he was in the
~penitentiary, and there heard the story
of the poisoning plot from Garner. He
took considerable interest in the mat
ter, and on reporting it to Colonel Berg
mann was asked to investigate the case.
He had plenty of opportunities to talk
with Garner, who asked that the tale
might be taken down in writing. In his
first statement made to the witness he
had the killing of Chaves placed one
year too late, but afterward corrected
that. The matter was first reported to
Colonel Bergman, either in May or
June; thought something had been
learned that should be reported, but he
told no one else. Once in the hospital
he helped write a statement for Gar
ner. Mr.. Merrill sent Garner to him to
the room, where he remained nearly all
day. That statement, which was made
either the latter part of April or the
first week in May, was sent to Colonel
Bergman. The witness communicated
his fears to Colonel Bergman and Mr..
Merrill, and suggested that Garner be
kept away from the kitchen; witness
was sick most of the time while in the
p~enitentiary. He knew of Burns con-
nection with the affair, and once mem
toned the fact to Colonel Bergman, or
to Mr.. Merrill. He had been shown a
letter from the sheriff of Newton coun-
ty, Mo-, and read the most of it; then
he advised the arresting of Burns, Tate
and Williams, and Mr.. Merrill said that
Tate and Williams were under arrest,
but nothing could be said about that
fact at that time.
When cross-examined by Judge
Laughlin, Captain Hart told how the
first conversation began, and that Gar
ner told the whole story, the telling of
which occupied parts of two or three
days. He reported the matter to Col.
Bergman, and advised Garner to go
either to Colonel Bergman or the gov
ernor and tell the whole story. Colonel
Bergman was surprised, and asked
the witness to investigate the whole
matter thoroughly. Colonel Bergman
did not seem to be afraid. Witness had
the last talk with Garner just before
leaving the penitentiary in November.
In the different talks had Garner told
Captain Hart about the murders COM
mitted in Missouri by Tate and Will
liams, and said that he was afraid to
leave the p%enitentiary; that the gang
would kill him. Captain Hart also told
about the mortgage given by Fitch on
cattle in Missouri, to Garner. Garner
said that transaction came about In
this way: In order for any one to join
the gang he had to put up a sum of
money as a guarantee of good faith,
and that he paid to the gang $4,000. In
order to assure Garner against loss
Williams had Fitch give a mortgage
for $4,000 on $50 head of cattle. Meyer
and Goodwin were sent by the members
Of the gang to Ell Paso to act as spies,
and that Garner was sent to New Mex
leo to do the poisoning. Garner also told
that the poison was furnished by Fred
Fornoff and Horton Moore. In all these
talks Garner never said a word about
Colonel Bergman and Mr.. Merrill hav-
ing anything to do with the plot. Gar
ner made the different statements of
his own accord, and aside from the dis
crepancy Of dates the story seemed to
carry the truth with it, but knowing the
men implicated he could not believe 1t.
Captain Hart also told Gamers YER
sion of the supposed meeting held in
Williams barn in Missouri, which was
substantially the same as told in the
affidavit made by Garner.
Captain Hart was then dismissed and
the hearing continued to such time as
Judge McFie can return from Las We
gas.