El Paso daily herald. (El Paso, Tex.) 1881-1901, 1899-06-16

jugular vein. There is no need for any
blood spots on the buggy to prove tha
mans death. If the boy was alive a.
the camp, there is no evidence that ht
was living beyond that point. They
killed him by some means that did moi
leave the stain of blood; say that they
strangled him, or wrapped him in a
blanket and smothsred linn. There il
every evidence that the boy is dead. II
he is not dead, how under heaven can
you explain his absence? They talk
about the corpus deficit. Texas is the
only state requiring the production of
the dead body in order to prove the
commission of murder. But these men
are from Texas. They knew the law
there and used all possible means to
conceal the body.
Icare little for Van Patton's testi-
mony or his theories. Competent
trsilers have shown what became of
those horses. AS to the horse tracks,
remem Der that Tom Tucker, who was
so eager to testify that he swore the
hind feet of Lees horse were larger
than the front feet, did not testify that
the horse was unshod. He knew the
horse but quickly picked out from
these shoes the ones that would fit the
animal. The defense tried to discre-
dit sill evidence based on the measure
ment or comparison of tracks. They
soy that horse tracks can not be
depended upon, on account of their not
being permanent. They say the sand
blows so as to make such evidence
very unreliable. These tracks were
not all in the sand, of course. Some
of them were in the soil, some in
places seldom disturbed; some must
have been preserved.
"Albert Fountain, to whom the de-
tense 60 for confederation, is not very
reliable witness. He has been contra !
dicted in many respects and the evid- |
ence of other members of the posse |
must stand against his. The defense |
said that no search was made for the !
trail out beyond the herd of cattle. |
Llewellyn testified that he investigat.-
ed all the tracks around the herd of |
cattle in every direction and found that |
the trail did not turn aside. Llewellyn |
and Brannigsn went to Wildly Wells |
and measured the tracks. These men |
and the rest OF the posse went back to |
Las Cruces through the second pass
and identified the tracks of three of |
the horses seen at the camp. No
tracks of horse or man are any more
has some distinguishing characters
tics.
1--WE have shown you that these
three men are the only ones that
could have reached the point where
Fountain was held up from the Wildly
we'll, where their tracks were found
and measured. OF what account is
their alibi? These men, having ar
ranged with their friends to testify to
any certain facts. scould have left the
ranch at any time they wished in order
TO make connections and carry out
their plot.
"Carl Clsusen's testimony about the
evident fear of the five men he encoun-
tered at the Wells, including Lee, has
not been contradicted. There are many
other incidents showing these men
guard. Here were six or eight or ten
men. If they had no reason for fear,
why did they lay themselves open to
grave suspicion? At the Wells they
showed negro out fret. 1t made no
difference to them if he should get fill
ed full of bullet holes. In few min
ltes another one of these brave men
SUNK sideways out of the house and
united a hole. By that time, Clausen
not having opened up his battery on
these men, Mr.. Lee walked up with his
1and on his gun and asked what the
visitor wanted. He replied tina: he
wanted cup to get some water. 1 ask
you, IL that the way innocent men act,
men who have done nothing wrong,
,r have nothing on their minds?
"Clausen asked Lee why he wasn't
nut hunting for Foun tain's body. Lee q,
made the remark, What is the -
to us. Lee left !
uddeuly and took Clausen's back
rack. Why?
"Lee went in the direction of the
econd pass and probably discovered /
hat Clausen's trail went over the pass
Jot knowing where the posse might be.
e turned to the right and started over [
he Jarillas: changing his mind he
ircled all around the mountain to Gold
lamp and from there made his way to {