Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1922-08-24
MAR|HUANA MAY
Be OBTAINED BY
PRISON INMATES
Witness Declares ConviCtS
at Santa Fe Can get This
Narcotic When They
Have the Price.
ESPECIAL DISPATCH TO MORNING JOURNAL

ESPECIAL DISPATCH 10 MORNING JCuNNALI
Santa Fe. Aug. 23.-Marihuana,
classed as a narcotic under the
federal laws, may be bought with
in the prison walls by prisoners
when they have the price, was a
startling bit of testimony given
this morning by Robert Leslie,
prisoner, in the second day of the
investigation by the board of pen
itentiary commissioners into the
food strike of July 10. when Mar
tin Baldonado was killed and five
other prisoners wounded under the
fire of the guards, ordered by Pla-
edo JaramillO, superintendent.
other testimony by Leslie was Of
an unexpected and disquieting ma
ture.
Chairman L. A. Hughes an
nounced at the opening OF the
morning session that conditions
brought out in this investigation,
but not wholly persistent, are so
serious as to demand a further
and sweeping inquiry into the
management. He referred speciii-
cally to food, or the lack of it; pos
session by the prisoners of abund-
ance of material to construct lad
ders to scale the walls as related
by the captain of the guard, and
the fact that employees in respon-
sible places do not know what
their duties and positions are.
Another High Light.
Another high light. revealed that
the next grand jury of Santa re
county will be asked to indlct a
guard in tower No. /, from which
was fired the shot which killed
Martin Baldonado. Francisco CIV
tierrez. regular guard, and Toribio
Sanchez, extra Guart-> sent 10 that
tower on the day of the trouble,
both were warned by A. M. Ed
wards, assistant attorney general
conducting the investigation as
counsel for hoard and state. Ed
wards told both men that the next
grand Jury would be asked to indlct
for the killing; that under the law
they might refuse to testify on the
ground that their testimony might
inciiminate them; that anything |
they might say might be used later
against them, Both waived the !
right of immunity and testified
Gutierrez, first on the stand, /
said he was on the platform on the
north side of the tower. which Is
at the northwest corner of the
prison wall, and that Sanchez was
on the platform on the west side
From the facts as described, 1t APP
pears that the fatal shot could .
have been fired only from the west
platform. Assuming the facts are
as described, and the Gutierrez de-
scribed the relative positions of the /
two guards accurately, it would .
seem that Sanchez must have fired .
the shot. But Sanchez testified .
that he was on the north side. and .
Gutierrez on the west side.
Order to Fire.
A great part of the evidence to-
day, from employees and guards,
tended to show that the order to
fire, as biven to the guard towers
by the superintendent office and
the front tower, was to shoot to
brighten only. None of today's
evidence showed that the prisoners
We're warned by guards or employees
that they would be fired upon.
Claude Doane, prisoner, testified
that he heard both Alarid captain
of the guard, and Saavedra. yard
man guard. warn the prisoners they
would be fired upon and driven
into the cells. Informed by cOun-
sci that these men themselves had
not testified to warning the pris-
oners, Doane replied he did not
care what they had testified; he
knew what he had heard and had
1 good memory. He testified also
that among the prisoners there was
L concerted effort to frame" the
and get his job. He !
one prisoner, Marshall /
Tones. said to have been very active
kept in charge of the
logs used for trailing escaping |
prisoners. Jones is reported to
lave been sent to a cell last night.
Colorcd His Statement.
Leslie, assured by the board that
lie was guaranteed protection from
or abuse from any
source admitted that in an inter- i
new with counsel for the superin- J
endent, in the presence of the su-
Jerintendent, he had colored his !
statement because of fear Of the {
,fficcrs. |
/ aunity from prosecution for S
IN alleged assault upon another
prisoner was promised him, he {
iwore. if he would give testimony q
favorable to the superintendent. 5
he said this was suggested by the i
prisoner, Doane, and confirmed by
Saavedra, recalled, de- S
ned any such attempt to elk" c
he witness, and Doane, in his I
testimony, declared Leslie was a a
lar" a
Had Used Marihuana a
Leslie admitted the prisoners t
! derision called him the con @
'ict for the Defense" and that t
t had been intimated it would G
lot be good for him if his tes- a
imony should prove favorable to a
he superintendent, but that he u
cared the officers more. He said
lso that he had been using mari o
uana the day of the interview i
With counsel. POKER games with II
S high as 5000 in sight and the Il
of guards in crap u
ames with the prisoners were de- -
cribed. Poker games have about
eased now, he said, because the
risoners have little money.
1t was announced that Super I
lfpn6ant TaraY,,tI1r y,-fI1