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

how man. went to prison, and how
many escaped punishment.
When he left Missouri he came to
New Mexico as a peddler of salve and
hair restorer, which he called "Schultz's
Hair Forcer." He sold some of his
wares in Albuquerque, but none in Las
Vegas. About the close of 1896 he sold
some of the hair forcer to Mrs. Motsen-
becker, in Albuquerque, for which he
was Sent to the penitentiary for OBJ
tanning money under false pretenses.
/ OTHER WITNESSES.
AT this point in the proceedings the
pended in order that Fred Fornoff and
Horton Moore, of Albuquerque, might
| give their testimony and return home.
Mr.. Fornoff was called, and testified
| that he saw Garner the first time when
he was in Jail at Albuquerque; that he
knew nothing about the sign or deaf
and dumb language; had never talked
with Garner by that method, and never
| taught him the use of such signs; had
never entered into a conspiracy to poi
son a lot of men at the p~enitentiary. He
had visited the penitentiary just before
| going to Cuba in the war with Spain, on
a telephone message from that prison,
because a number of the inmates whom
he had known wanted to see him.. MI.
Merrill and Mr.. Quigg extended the in
vitation, but that it could not have been
known that he was to visit the prison
before he arrived, unless it had been
surmised. He remembered that he saw
Mr.. Merrill in town that day, who said
the men out there wanted to see him;
knew nothing about the so-called pass
word 1860"
On cross-eXamination Mr.. Forno1
| stated that he had Known Colonel Berg
mann and Mr.. Merrill five or six years;
that their business and social relations
had been of the most pleasant kind, and
he had aided in the capture of escaped
| convicts whenever he could. About a
| year ago he received a message from
| Colonel Bergman, which said that
some one was sending poison to the
| ~penitentiary, and that Schultz Gar
ner) was getting it. AS Fornoff knew
Garner, Colonel Bergman wanted him
Fornoff) to come to the prison and see
if he could not learn from the prisoner
who was sending the stuff inside of the
walls. Before the train left for Santa
Fe another message was received tell
ing him not to come.
Horton Moore was next called, and
his testimony was to the effect that he
| was Gamers attorney when the latter
was arrested for obtaining money un-
der false p%retenses; he knew nothing of
any conspiracy at that time, and that
if he was, engaged by Garner for the
| purpose of enabling the latter to break
into the penitentiary the scheme was a
success, although there was no under
| standing to that effect at the time. He
belonged to no organization of the kind
! set forth in the affidavit made by Gar
ner, in Missouri, or anywhere else, and
had nothing to do with introducing poi
son into the p~enitentiary.
On cross-examination Mr.. Moore said
hat he met Colonel Bergman last
nication with him; that he did not
know Merrill or Henry Bergman.
Garner was then recalled to the stand
and the cross-examination resumed by
Judge Laughlin.
In answer to leading questions the
witness said that he received the last
package of poison the day he left the
p~enitentiary, in the clothing room,
where convicts change to citizens suits
before leaving. Mr.. Merrill and Henry
Bergman We're present. He first told
that he had made false statements at
the county Jail two or three days after
leaving the penitentiary; he spoke to
Sheriff Kinsell about the matter. His
reason for telling Mr.. Kinsell Of it was
that he did not want innocent persons
to be punished; twas afeard of the on
sequences and conscience hurt" After
speaking to Mr.. Kinsell, he sent for the
district attorney, but did not send for
an attorney to defend him in the case
for perjury; had made no effort to Sc
cure a lawyer.
ANOTHER SIGNED STATEMENT.
Here Judge Laughlin drew some pa
pers from his pocket and asked Garner
if he had ever seen them before. Gar
ner coolly looked over the pages and
her said that it was a statement made
by him to Judge Laughlin in the pres
ence of Mr.. Childers, Earl Sidebottom
and Colonel Bergman; that he made
the corrections and interlined the words
written with pen and ink himself, swore
to the statement, and knew all about it;
it was made some time after the n
made before Judge McFie published in
the New Mexican yesterday. At this
point in the examination Gamers
memory again became defective, and
he could not remember much about
signing the statement in Judge Laugh
Inns possession.
When questioned concerning his be-
havior while in the penitentiary he
gave indirect answers, and would not
talk concerning the punishment re-
ceived which he testified to in the d.
rect examination. When asked why he
signed the statement made before
Judge McFie, after having stated that |
it was false, he replied that he was
afraid to refuse.
Mr.. Gortner then took the witness in |
hand again, and Garner stated that he |
had been in Albuquerque but one day
when he was arrested for obtaining
money under false pretenses; he came
from Ell Paso, selling a preparation for
cleaning hair; he knew nothing about
New Mexico politics and men until told
BY Merrill at the penitentiary. Mr.. Mer-
ill aided in correcting the statement