Santa Fe new Mexican. [volume] (Santa Fe, N.M.) 1898-1951, 1898-04-11
THE FOUNTAIN CASE
Examination Of Carr and McNew,
Held for the Murder Of Colonel
Fountain, Begun.
LEE & GILLILAND AT LARGE
Three Witnesses for Prosecution Examined
Saturday, Two Today-Posse Sent Out
Returned Without Lee and Gill;
land-New Warrants Issued.
Special Dispatch to the New Mexican.

Special Dispatch to the New Mexican.
Las Cruces, N. NJ, April 1.-The
preliminary examination OF William
McNew and William Carr, charged
with the murder of Albert j. Fountain
and son, began Saturday morning last,
before Judge Parker at Las Cruces.
The attorney for the defense stated,
that it was reported, that a consider
able number of persons present were
armed, and asked that only such dep
uties as were named by the sheriff be al
lowed to carry arms Judge Parker in
dignantly stated that any person
caught carrying weapons would be
severely dealt with and ordered that all
persons except the sheriff and three OF
his deputies should Immediately vacate
the room if they were armed-none
moved.
The prosecution had worn about IL
witnesses and the defense nearly an
equal number. The first witness for the
| prosecution was Jack Maxwell, who tes-
| tilted that he was at Lees ranch the
| Saturday afternoon of the murder and
remained there until the afternoon of
the following day; that Lee was not at
home Saturday but arrived the follow
ing morning in company with McNew
and Gilliland; that he was at dinner
with them about 12 o'clock. Being
cross examined, witness admitted that
he had told four or five conflicting
stories to various friends of the accused
men, but stated in explanation that he
had been informed his life would be in
danger if he testified against Lee and
his friends, and that he told the various
stories to avoid entanglements which
might result in personal violence to him
self, but that he has never before made
a statement under oath. He also said
that a contract or agreement exists
whereby he was to receive $1,000, If he
testified on behalf of the prosecution to
certain facts within his knowledge.
He admitted on redirect examination
that he was fearful of being killed if he
told what he knew, and his manner
clearly indicated the greatest reluctance
to t%estifying. In fact he did not swear
to certain very discriminating facts
which are said to be within his knOwl-
edge.
The theory of the prosecution as thus
far developed is that Carr Swallowed
Fountain from Lincoln to La Luz, then
rode across the country to Lees ranch
and notified him and other accused men
of the approximate time when Fountain
would pass the point where he was in
tercepted, and that they thereupon rode
to the point indicated, a distance of
about 20 miles, and got their man.
One resident of La Luz testified to
meeting Carr the day after Fountain
reached La Luz, riding in the direction
OF Lees ranch; that the colonel spent
Friday night in La Luz and left about
o'clock next morning. From La Luz to
the point where he was held up is about
so miles, and he is known to have
reached that point about $3.50 p. IN.
Carr was seen in La Luz about / O'Clock
that afternoon, presumably having re-
turned that day from Lees place.
Albert j. Fountain, the Oldest son of
the murdered man, occupied the wit
ness stand nearly all the afternoon, de-
failing the search made by him. In
formation of his fathers supposed dis
appearance reached him Sunday after
noon and he Immediately left for the
scene with friends, rode all night and
arrived there about sunrise Monday
morning. BY u~nmistakable evidence
they located the point of the hold-up,
found there the tracks of three men
surrounding the blackboard and fol-
lowed the trail of the blackboard and
three horsemen from the main road
a distance OF about ten miles in the
Jarilla mountains. There the buck
board was left, the colonel's papers
riled and the personal effects on the
blackboard taken, together with the
horses and the neckyoke straps. AT
this point in his testimony Mr.. Foun-
tain produced a necktie worn by his
father, which he found hanging on one
of the wheels. There he identified the
at the scene of the hold-up. From
thence he followed the tracks of horses
to the Sacramento mountains. AT this
point an adjournment was taken until
Monday morning.
This morning the case of the Territory
of New Mexico VS.. McNew, Carr, Gill
land and Lee was resumed before Judge
Parker. Albert ]. Fountain, son of the
murdered man, finished the testimony
for the prosecution. He gave a very
graphic description of the search made
by himself and posse for his father and
brother, but there was mo- much dam
aging testimony against the accused
brought out. Ben Williams is still on
the stand.
The first posse that was sent out for
the arrest of Lee and Gilliland has re-
turned and reported that the accused
men could not be found. Another posse
is being. gotten ready and will start this
evening for the Sacramento mountains
with new warrants for Lee and
Gilliland. 1t is thought here, that the
posse will not be able to capture these
two men without a fight.
Notice to Patrons.
On and after April LIST, no books will
be kept at the City Meat Market, and all
| credit business will be discontinued.