The Roswell daily record. [volume] (Roswell, N.M.) 1903-current, 1907-07-05

in cases of extreme INSTRUMENTATION
in which cases two hours additional
punishment is added, it mounts to
no more than requiring the prisoner
to remain standing in his cell with
his hand h~andcuffed to the door or
the wall of his cell about on a level
! with mis- shoulders, that the prisoner
is given his blankets every night and
thai rop vigilance is used as to his
physical condition; the cell in which
this punishment takes place is what
is known as a dark cell and is venti-
lated by line small perforated holes
in the door.
That for the purpose of demonstrat-
ing the falseneSs of the evidence of
fered by Mr.. Breen, | desire to state
that the records of the weather bu-
reau in Santa Fe show that on Ian
uary 3, 1907. between the hours of 2
and 4 p. m, the temperature ranged
between "a and 25 degrees above zero
that the prisoner was not in the BATH
house window, but was in the tunnel
which runs from the boiler house to
the kitchen; that at the time of the
matter in question. Breen's duty was
in charge OF the tailor shop, and he
vas not in a position to have personal
, knowledge as to the offenSe and con-
duct of the prisoner.
In order to show that this convict
Mears, above referred to, belongs TO
a class generally known as habitual
criminals, I might state that the rec
ord of the p~enitentiary shows that he
served a term of n year under the
name of William Myers, No. 1887; was
sentenced from Mora county for one
year, April %, 1905, and was released
March %, 1906; he was committed to
the p~enitentiary for the second term
under the name of William Mears,
No. 2023, on a sentence from Luna
county, TO three years, Jun 1, 1906,
for receiving stolen goods. Upon his
second commitment to the penitenti-
airy 1 was informed by Mr.. Garrett,
then assistant superintendent n Mr..
Adams, then yardmaster, that this pri
soner during his former term and
been a very troublesome one; the
records show that on October %. 1905
he was placed in punishment for re-
fusing to work by Mr.. Adams the yard
master, n October 80, 1905, he was
placed in close confinement by order
OF Mr.. Garrett, the assistant superin-
tendent. l had cause to speak to this
prisoner on several occasions after
this second commitment, and previous
to his being placed in punishment,
and tried to advise him, as to the err
ror of his ways. but sucn advice was
always taken in a very Sullen manner.
AS to the second charge of cruelty
alleged by Breen to have occurred to-
ward convict Armijo Gomez. l desire
to state that | personally knew Go
mez very well and on account of his
age and condition l nae frequently in
.terested myself in him. and had had
frequent conversations with him about
the yard and elsewhere, that mad the
not nf or71o1+v tac+i6nJ 70 Nv D-aon
taken place, 1 am quite positive that
Convict Gomez would have complain
ed to me, as he had many opportuni
ties to do so; | I'M equally sure that
Convict Gomez would bear out these
statements were ne available. but he
is not now il the penitentiary and his
whereabouts are unknown to me. I
further believe that Mr.. Knight will
c~orroborate this in this respect, but
Mr.. Knight is now at Fort Bayard.
With regard to the third charge of
cruelty toward an old man whose
name was not given by Breen, but
who is said to have been kicked, I
have to say that no such matter was
ever reported by any one to me, and
the fact that Breen knew so little de-
finitely about the occurrence though .
he claimed to be present, is proof
conclusive to my mind that the affair
W tOCk place.
With regard to the fourth charge of
cruelty toward Bailey Brown, / de-
sire to say that some time previous
to the fight detailed by witness,
Brown worked in The capacity as clerk
makes to Acting Governor Reynolds
in the chief clerks office. and in this
capacity had access to the store room
where he obtained some lemon ex-
tract, which, with some alcohol that
he obtained by draining a stone jug
in the d~ispensary which adjoins the
chief clerks office, ne drank and be-
came intoxicated: after becoming in
toxicated he went into the prison yard