Albuquerque daily citizen. [volume] (Albuquerque, N.M.) 1895-1903, 1899-05-26
CONSPIRACY CASES etosnD.
Col. Bergman discharged, His S6p, Hen
ry, and Merrill Held TO Grand Jury.
DECISION OF THB COURT.

The peDitentiary conspiracy cases,
which have been on trial before Judge
McFie at Santa Fe the past few days.
came to a close yesterday by Col. Berg
mann being discharged. and his son.
Henry, and q. L. Merrill being held TO
answer the grand jury.
DECISION UF n COURT.
Both sides rested, aud Judge McFie, In
n very concise and impartial manner,
reviewed the case. lie said that the
hearing had ended In u very nnsatis-
factory name TO him, for he had hoped
IL would emoye the mystery surround
ing the introduction Of poison into the
New Mexico penitentisry. The fact
OF the matter H., said Judge Mckie,
that an ordinary prisoner, upon eight
or nine occasions, aud covering a pc
ri0d OF about ten months. introduced
deadly poison into the New Mexico
penttentiary In sufficient quantity to
poison all the population OF santa Ne.
He considered that the facts should be
laid bare. for the regulations OF many
good men were involved In the case.
Judge McFie referred TO his " SON
h'NNith VIM hht fhfiN 6hhkfO VI Vie thtt,
aud thanked both parties In the case
that, despite this connection, they had
sufficient confidence In him to have the
hearing before him. The statements OF
Garner, the court considered as nothing.
lie destroyed himself IA a witness BY
contradictory statements. Still, IL cor.
roborated by other credible evidence, his
evidence should be considered. The most
notorious liar sometimes tells the truth,
said the court
This man Garner. among q multitude
OF ~falsehOods. has told some things that
are undoubtedly true, The first state
ment OF Garner IL undoubtedly false, OK
cept rs 10 the names OF persons In New
Mexico and in Missouri, and their 70.
cital OF some crimes that have actually
taken place. But those were woven into
the story to give II p~lausibility. He wa
doubtless a member OF u gang which
had been committing d%epredations In
Missouri. But when he connects
men like Congressman Benton, OF
Missouri, with the doings Of the gang
he utters q falsehood. The names and
facts about men In New Mexico he bad
no means OF learning in the few days he
wa In the territory before being arrest
cd. They we're told TO him by some one
after he came to the p%enitentiAry:
whether by another convict or by some
one else II IL not possible to say at this
time. The mystery behind Gamers
story must be %unraveled, and will be un.
rayeled II the court a do NO.. There
WAS entirely too much secrecy about this
poison affair BY the management OF the
penltentiary. IL vigorous methods had
been adopted ut once II would have gone
u long ways toward unrsveling the mys.
terry and getting out the truth OF the
story
The other statement OF Garner, In
which the defendants have been charged
with conspiracy. Ia entirely different. |
AN not believe the statement OF Garner
In this respect. although he, as we'll
~ In the other statements, told
some truths that have been verified /
a not believe that Colonel Bergman
took the part In this conspiracy that this
witness said he did. Colonel Bergman
in good faith informed outside officials OF
the facts, The conspiracy could exist
without Col. Bergman knowing about
IL. There Is nothing against Col. Berg
mann except Gamers statement. Mr..
Fornoff should have been invited TO
come TO the penitentiary to be examined
~ to the charge against him. The
vigilance displayed by simply watching
schultz II Burns was not sufficient. for |
II IL not possible for a few officials 20
walsh a suspect all tho time while they
are also performing their other duties. |
Efforts should have been made 10 pre-.
vent poison from being sent into the |
pe~nitentiary from the outside. The
poison was there for some purpose, either
10 destroy life or TO bolster up a scheme.
There IL no escaping this conclusion.
There was no attempt to take life with
II. Therefore. the other theory IL most
reasonable. II il evident that the bottle
of poison came from Philadelphia, IA the
name OF the lrm IL on the bottle. There
fore, the frm from which IL came should |
have been asked TO whom II sold strych. |
nine In New Mexico. The poison itself
aud the name In which the convict |
received II Is corrOboratiye of his story.
The fact that other c0nyicts had received
forbidden articles can not be- compared
70 this case, for except In the case OF the
BOrreg0s, no convict ever received more !
than one article OF the same kind.
MIR. Merrill should be familiar with
what was going on In the yard during |
his service. lie should have had kn0wi-
edge OF all infraction OF the rules. There
was not sufficient pr~ecaution taken 10
prevent other poison from coming into
the penitentiary after ths FIRST poison
had been sent In, or to detect the person
who had sent IL In. Garner should have
been used TO aid In catching the person
who had sent in the poison. a. he had
turned over the poison and said more
would come. IL this were a final trial
the defendants conld not be convicted on
the evidence submitted. But the question
Is: us there probable cause shown sutii.
cient 10 demand further investigation by
the grand jury ! am OF the opinion,
from all the evidence. that there should
be further Investigation, and that such
All investigation would be- In the interest
OF the defendants, OF SIR. CatrOn, OF the
community and OF justice.
Whooping Cough. |