Santa Fe new Mexican. [volume] (Santa Fe, N.M.) 1898-1951, 1899-05-25

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corroborated by other credible evidence,
his evidence should be considered. The
most notorious liar sometimes tells the
truth, said the court.
This man Garner, among a multitude
of falsehoods, has told some things h a
are undoubtedly true. The first state
ment of Garner is undoubtedly false,
except as to the names of persons in
New Mexico and in Missouri, and their
recital of some crimes that have actual
ly taken place. But those were woven
into the story to give it plausibillty.
He was doubtless a member OF a gang
which had been committing depreda-
tions in Missouri. But when he con-
meets men like Congressman Benton, OF
Missouri, with the doings of the gang
he utters a falsehood. The names and
facts about men in New Mexico he had
no means of learning in the few days
he was in the territory before being ar
rested. They were told to him by some
one after he came to the p~enitentiary;
whether by another convict or by some
one else it is not possible to say at this
time. The mystery behind Gamers
story must be unraveled, and will be
unraveled if the court a do so. There
was entirely too much secrecy o
this poison affair by the management
of the p~enitentiary. If vigorous meth
DDS had Deer adopted at once 1T would
have gone a long ways toward unraV-
cling the mystery and getting out the
truth of the story.
The other statement of Garner, on
which the defendants have been
charged with conspiracy, is entirely
different. I can not believe the state
ment of Garner in this respect, al
though he, as well as in the other state
ments, told some truths that have been
verified. I can not believe that Colonel
Bergman took the part in this con-
spiracy that this witness said he lid.
Colonel Bergman in good faith in
formed outside officials of the facts.
The conspiracy could exist without
Colonel Bergman knowing about it.
There is nothing against Colonel Berg
mann except Gamers statement. Mr..
Fornoff should have been invited to
come to the penitentiary to be exam
med as to the charge against him. The
vigilance displayed by simply watching
Garner and Burns al not sufficient,
for it is not possible for a few officials
to watch a suspect all the time while
they are also performing their other
duties. Efforts should have been made
to prevent poison from being sent into
the penitentiary from the outside. The
poison was there for some purpose, Ell
Their to destroy life or to bolster up a
scheme. There is no escaping this con-
clusion. There was no attempt to take
life with it. Therefore, the other theory
is the most reasonable. 1t is evident
hal the bottle of poison came from
Philadelphia, as the name of the firm
is on the bottle. Therefore, the firm
from which it came should have been
asked to whom it sold ~strychnine in
New Mexico. The poison itself and the
manner in which the convict received it
is c~orroborative of his story. The fact
that other convicts had received forbid
den articles can not be compared to
this case, for except in the case Of the
Borregos, no convict ever received more
than one article Of the same kind.
Mr.. Merrill should have been familiar
with what was-going on in the yard dur
ing his service. He should have had
knowledge of all infraction of the rules.
There was not the sufficient %precaution
taken to prevent other poison from
coming into the penitentiary after the
first poison had been sent in, or to de-
tect the person who had sent it in. Gar
ner should have been used to aid in
catching the person who had sent in
the poison, as he had turned over the
poison and said more would come. If
this were a final trial the defendants
could not be convicted On the evidence
submitted. But the question is: "Is
there probable cause shown sufficient
to demand further investigation by the
grand jury? I am of the opinion, from
all the evidence, that there should be
further investigation, and that such an
investigation would be in the interest
of the defendants, of Mr.. Catron, of the
community, and of justice.
This affair must be run down and the
court should refer the case to the grand
jury that it nay be done. The court is
reluctant even to intimate that the off,
GERS have been actually connected with
a conspiracy so revolving and horrible
in it's details, but the facts must be
known, though further investigation
may be necessary, that the guilty may
be punished and innocent men relieved
from suspicion. This poison was given
to the prisoner by some one, and it
came into his possession for a purpose.
Mr.. Merrill and Henry Bergman re-
ceived it from him, the management
was fully informed Of what the convict
said about it, and yet he was never
punished in any way to make him tell
the truth about 1t, nor was any effort
made to detect outside parties in the act
of bringing 1T to the prisoner. These,
and many other matters in evidence,
tend to sustain the theory that the poi
son came from the inside, as he says
it did. In the interest Of Justice, this
matter must be further investigated.
Mr.. Merrill, Henry Bergman and Gar
ner will be required to appear before
the next grand jury to await further
in this matter. Mr.. Merrill and
Henry Bergman upon their own re-