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

Judge McFie, Garner said that he never
heard Of Mr.. Catron in Missouri; never
heard of him until after entering the
.penitentiary; never heard the names of
the gentlemen mentioned in his first
statement before going to prison. Col.
Bergman knew nothing about the poi
soning plot until numerous talks had
been had with Merrill. After the con-
versations with Merrill began he did
not go to the capitol building to work,
cut was put to work in the penitentiary
yard. He received the first package of
poison about one year after entering
the penitentiary, but could not tell
which package vas received at that
time: he had several conversations with
Colonel Bergman about the poison,
but never asked where the stuff came
from.
Judge Laughlin then resumed the
cross-eXamination. Garner said that
he took the name of Schultz for the
purpose of having a name for his hair
restorer; gave that name to the prepa-
ration. but did not intend to change his
own name; never registered at any
place visited ii his travels, except at
Tucson, and there he used the name of
w. H. Garner. Never saw Parker and
Jones, but told the people at the peni-
Tertiary that he saw the men at Gale
~ ITn~ hnnnIIcn hn th n1IOht that
would "be a hard place to track" He
denied all intention of changing his
name; had a number Of lawsuits in
Missouri. and was successful in all of
them; knew nothing about confidence
games, and never made a trade with a
farmer in Missouri.
In reply to questions asked by Judge
McFie, Garner said he received all the
poison from Mr.. Merrill, except one
package, which was given him by Hen
ry Bergmann; never had any other;
never was out of the penitentiary ex-
cept when he went to the capitol to
work; he was to receive 5000 for stay
ing in the penitentiary two years.
This concluded the cross-examination
of Garner.
SPEARS TESTIFIES.
Barney Spears was called to the wit
ness stand. In answer to questions
asked by Mr.. Gortner, Mr.. Spears said
he had been in the employ of the pen
itentiary for nineteen months, and
knew Garner or Schultz, whatever his
name was. The bottle shown him was
similar to the one given him by Garner
about twelve months ago. He had re-
ceived seven other packages, which
Garner said contained poison, from the
man; the first of he seven was wrap
ped in paper and placed in a bone; the
second wrapped in paper and a a and
hidden in a horn, while the others We're
wrapped in paper and rags. The differ
ent packages of poison were then shown
Mr.. Spears and identified. He asked
Garner where he got the stuff and how;
turned it all over to Mr.. Merrill except
one package, which was given to Col.
Bergman. Garner worked in the yard
caring for vegetables; stayed in the
garden for about one month.
On cross-eXamination by Judge
Laughlin, Mr.. Spears said that Garner
gave him the first package in March,
1898. He met Garner in the yard, who
requested that an interview might be
had after the whistle blew and all the
men had gone to their quarters. The
request was granted, when Garner said
he had picked up the package in a
bone which had been thrown over the
wall for him to use, and that more
would follow, but would not tell who
threw it. The second package came
from Garner about three weeks later;
Garner explained that 1t had been drop
ped in the yard, and said that he would
tell who dropped it later. The third
rough riders were leaving for the war
with Spain, and this one Garner said
Fred Fornoff had dropped. About a
month later another package was
brought to him by Garner, who said
that it came from a mar by the nam
of Burns, who Vas a guard OF the wall,
and that Burns had punched with a pin
the password in the paper, and that
password was used by the gang in Mis-
souri,; the members of that gang were
in a number of crimes which
had been committed in Missouri. At
that time Garner told that Burns real
name was Bailey, and that he was a
member Of the gang. At the time this
package was turned over Garner was
very much disturbed, and said that
had told him that the time for
to do his work was growing very
short, and that he (Burns) was watch
Ing him, and he must hurry. Garner
said that he got his information from
Mr.. Catron, Mr.. Fornoff and Mr.. Moore,
who were concerned in the plot. The
next package came about a month
This one Garner said came from
who said another one would fol-
Garner explained that he and
Burns talked to each other on their
The last package of poison was given
Mr.. Spears a month later, or in Mo-
just before Captain Hart left
he ~penitentiary. At this time Garner
laid that he had tried to talk to Colonel
about the matter, but the
colonel had put him off by saying that
lie did not believe there was anything
n the scheme to poison himself and a
of others, but would probably
him later and look into the matter.
1t this last meeting with Mr.. Spears,
sarner said he wanted to see the gov
rnor, or have some one else come to
him, as the time vas nearly out
nd his life would not be safe after he
eft the ~penitentiary; that Burns was
neasy about him (Garner) having
cen seen with Detective Cook and Mr..
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