El Paso daily herald. (El Paso, Tex.) 1881-1901, 1899-06-03
THEIR RECORDS
ARE DUG UP
Many Strange Facts are
Brought Out
I THE ATTORNEYS

DI InC ~ IOnNEIO
Who Represent Lee and Gilliland.-
Prove Themselves Adopts in the
Art of Making Things UncOmfOrt-
. able for Opposition's Witnesses.
Special Correspondence of the HERALD.
HERALD Bureau, Hillsboro, N. M.
June /, via Lake ValleyJune Court
opened at 9 o'clock this morning.
Heretofore 1t has opened at ten. This
was the fourth day since the taking Of
the testimony began and as yet nothing
material has been shown by the pro-
secution especially damaging to Lee
and Gilliland.
that Lee and Gilliland were out the
evening of the murder, but then a
sane Juror would scarcely credit any
thing that Maxwell might have to
say on account of his apparent effort to
testify on both sides of the case.
LITTLE JIM GOULD.
Jim Gould. whose cousin married
Jim Gilliland, was the frs s4witness to-
day. He was at McNew's ranch about
the first of February 1896, and saw Gill;
land there.
Gilliland came in few days prior to
Feb. ] changed horses, got some cart
rio ges and went away agaic. w len
Giillland returned he was accom- panied
by McNew.
''They told me of Fountain g disap-
pearauce," said the witness. "That was
the first had heard of it.
"When Gilliland went there first ne
went toward the Sacramentos. He
told NJ to tell any one asking for him
tn st he had gone to Roswell. l went
to the gate with him.
"Gilliland said posse was out hunt
ing for Fountain and at dinner at Lees
ranch young Fountain had become
frightened and jumped up and seized
his gun. Fountain was eating dinner
there and had fit, vowing vengeance
on the murderers of his father.
"While out working on the fence he
told me that old man Fountain had
come from Texas in chicken coop
az priced up hell ever since he had
been in New Mexico, but he wouldn't
prize up any more. 1 asked him how
about killing the child and he said the
child was nothing but half breed and
to kill him was like killing dog"
(Cross examined by FslI.)
What was the date of this last con-
versstion?
1 don't know exactly. Must have
been along in the latter part of Febru-
airy.
Who was present?
No some was present except myself.
You testified in this case before,
didn't you?
Yes, sir.
You forgot to tell about that CONVEX
sation before, didn't you?
No. L don't know that did.
You've talked this story over with
your father, haven't you, and are try
ing to tell part of his story and part of
yours?
don't know that 1 am.
Witness said he had been through
Deming during the past three months
on his way to Silver City.
Where were you in March 1897?
I WAS in the Eddy jsil.
Where in Decemb Der 1895?
AS we'll as l remember 1 was working
for the Sacramento cattle company.
Now, as matter of fact did you do
any work at all for McNew in Februa-
ry 1896?
Yes sir, [ did.
When was it?
1 can't remember the day, but
know it was something like about a
week or longer, after Fountain dissp-
peared, when he came in. wouldn't
be positive about the time.
Attorney for the defense here read
from transcript of the preliminary and
threw the former evidence of the wit
ness in his teeth. On one occasion he
said he guessed the witness knew wheth
er he was telling a lie or not. The
counsel for prosecution objected to
such language being used to the wit
ness.
Court sustained the objection and de-
Tense entered an exception.
Are you a friend or enemy of Mr..
Gilliland?
An enemy [ suppose, now?
How about Mr.. McNew?
Well Mr.. McMew don t speak to me.
AN OLD FEUD.
For long time prior to the arrest of
McNew at Las Cruces all you parties
up there in the Sacramentos we're 60
ing armed for one another and were
expecting trouble, were you not?
We carried pistols.
The fact of the matter was you and |
your father and Kearney expected Nc |
New and others to attack you, didn't |
you?
l was afraid they were going to at
tack me but didn't know about the |
rest. |
RILEY BAKER.
Riley Baker was next called. He |
snG defendant Gillilapd married sis
,ers. He was asked to look the Jury |
square in the face while talking, but |
showed disposition to keep his eyes
owing or fastened on the floor.
Witness said he knew Col. Fountain
md got acquainted with Gilliland af-
Ter the disappearance.
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