Santa Fe new Mexican. [volume] (Santa Fe, N.M.) 1898-1951, 1899-05-16
Story to Which the Man Swore That
Was, 1t Is Alleged, Manufac-
tured to Injure the Ex-Dele-
gate to Congress.

The one absorbing topic in legal cir
c!es and among many of the citizens of
Santa Fe to-day was the preliminary
of O. L. Merrill, before Judge
McFie, sitting as committing magis-
trate, in the alleged poisoning conspir-
acy cases. The hearing began promptly
at 10 o'clock in the court room, with
Judge McFie on the bench, District At
torney Gortner appearing for the pros
ecution, and Judge Laughlin for o. l..
Merrill. Colonel f. Fl. Bergman and
Henry Bergman. BY order of the
judge the complaint was read as fol-
lows
Before the Honorable John r. Nc
court of the Territory of New Mexico,
and judge of the first district thereof,
sitting as committing magistrate, in
and for said county of Santa Fe afore-
said:
THE undersigned %affiant, William FL.
Garner, first being duly sworn, upon his
oath depose, say, present, charge n
give the aforesaid associate justice,
judge and committing magistrate sit
ting as such, to be informed that O. L..
Merrill, whose full first name is to the
affiant unknown, and Edward H. Berg
mann and Henry Bergman and Thos.
B. Hart, late of the county of Santa
Fe aforesaid, on the first day of Janu-
airy, A. D. 1898, and thence continually
until the day of the filing of this infor-
nation, at the county of Santa Fe
aforesaid, did unlawfully and to and
with this affiant. William Fl. Garner, of
said county and territory, falsely and
unlawfully conspire to charge and ac-
cuse Frederick Fornoff and n Horton
Moore and one Thomas B. Catron and
one Motsenbecker, whose full first name
is to affiant unknown, and divers other
persons and parties whose names are to
afiant unknown, with having then
lately before f%eloniously, unlawfully
and willfully attempted then and there
willfully. unlawfully, %purposely, felo-
niously with express premeditated NAL
ice and Of their deliberate aforethought
to kill and murder and with having
then lately before feloniously and will
fully attempted to commit the crime of
murder by poisoning said Edward ii.
Bergman, contrary to the form of the
statute in such cases made n provid-
ed, and against the peace and dignity
of the Territory of New Mexico.
(Signed) WILLIAM H. GARNER.
The charge against Thomas B. Hart
was then dismissed by nolle prosequi
by the district attorney, and the hear
ing against the Bergmanns was merged
with that of Merrill.
The following witnesses were then
sworn: Frederick Fornoff, Horton
Moore, 7. B. Hart, II. B. Catron, Bar
ney Spears, j. w. Cook, William H.
Garner and one Cole. The witnesses,
except Attorney CatrOn, We're then ex-
cluded from the room, and hearing OF
the evidence to be given.
THE CONNECTS STORY.
The. first witness called to the stand
was Garner. In answer to the different
questions asked him he told the follow
ing story concerning the conspiracy:
To begin. he stated that his age was
about So or 36, and that his residence
was in the county Jail of Santa Fe
He became acquainted with O.
7 NJ,p,i1J he cotI yrhny thu 20 hho 90 In
the p~enitentiary garden was beginning
to head out, after he entered the peni-
on April 81, 1897. Merrill, in
the conversations held, asked him if he
a man by the name of Catron,
and if he did he could get out of the
p~enitentiary by helping to work a
to keep Catron out of office. He
was afterward taken to see Colonel
who made the same prom
Ise. Colonel Bergman afterward wrote
out a statement of what Garner was to
say. When the scheme was pretty well
under way Garner was asked whom he
in Missouri, and he replied that
ne knew John e. Tate and John H. Will
Jams in Newton county. The plan then
arranged was for Garner to state that
Tate and Williams had committed GER
tain crimes. 1t was then to be made to
appear that in 1891 or 1892 Catron went
Williams barn in Missouri and had
IN interview with Tate, Williams and
Garner to arrange for the killing Of a
nan by the name of Chaves. Catron
vas to be made to say in the statement
hat he could get the Borregos to do
he work for $500. but that he was
afraid Of them, and wanted to get
strangers to accomplish his purpose.
rhe work was to be done with poison, |
Moore, Motsenbecker and Fornoff
we're to furnish the poison with which
o poison Colonel Bergman, Governor