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

circumstances those circumstances
stand over against all the verbal evil
dence that may be brought against
him. In this case everything cor
roborates the statement of Maxwell
that the three man were away from
Lees ranch on the night of February
first. We have ample evidence to
show that the three men left Dog can
on ranch in plenty of time to reach
Luns's wells. Did they get there!
This will determine Maxwell's
truth.
"A: noon on Friday Fountain was at
Tularosa. Friday night he was at La
Luz. he stayed there all night. The
three men had assembled in that vlc1-
mtg. Plans were on foot that might
be frustrated. On the evening OF Fri
day how easy to go down to Wildly q
wells and cross over to Luna's wells.
Blevins was brought from Texas to fix
up the alibi of the defendants and n ak Q
there are good grounds for suspecting
that all the alibi is fixed up. Joe Fit
chett looked no man in the face when
he testified. Mrs. Lee said that Joe
Fitchett bad told her that he was 60
ing back to his brothers. house when
he left the ranch. He didn't go. Why
all this concealment? Dau Fitchett
told Pat Garrett and David Sutherland
that he went to the ranch Saturday
morning and found the defendant
there. There is evidence that he mis-
stated the facts when he said Oh the
witness stand that he went there in the
evening. Bsiley's evidence is not
reasonable, but it was necessary to
build up the alibi. They fixed it so
each man would say the others were
there When men OF Oliver Lees In
telligence commit q crime they take
care to fix up all details. ALI OF this
could have been done by the defend
ant, who is capable OF committing q
deed such as is charged against him.
Not one of their witnesses standing
alone-not two or three or possib y the
whole-would stand against one dis
witness. But in this case
all the circumstances help to over
balance against the alibi.
Fountain was probably shot at the
chalk hill. Four hundred and twenty
five PAGES further on, the road widen
ed. Here the buggy was apparently
halted and backed up. Suppose AL
bert Fountain did not notice it: does
plenty of other Witnesses to prove that
it did. Every witness but Albert
Fountain. says it stopped there. What
happened there? There are signs of
some one kneeling behind the bushes
beside the road. There is great blood
spot. Something was laid upon the
ground. The buggy went on. A horse
was led behind, and two men, one on
each side, accompanied the buggy on
one driving the buggy. Do
you believe that blood Is the blood of
ybody else than Col. Fountain? His
buggy was left there on the plain, his
horses turned loose. Part of his cloth
ing and part of that of the boy was left
there. They say he might have got
out of the country. How? Did he fly?
Had he wings? No, that is impossible.
If Col. Fountain and that little boy
had gone out of the country they would
mark, some memory, something to show
whittier they went. They would have
stopped to eat or drink. That man
would not have starved his little boy
to death. No, he did not get away, ex-
cept as he and his little boy were car
ried away, corpses.
SIT makes no difference that the doc
tor could not swear that that blood Was
human bic cd. You must draw the ma
tursl conclusion that 1t came from Col:
Foup tain's body, that he was murdered
at that spot. No other animal or
human being could have Put that blood
there but Col. Fountain.
They say there could have been no
motive for the killing OF the little boy,
even admitting that there was one for
The murder of his father. No motive?
Suppose the boy was alive at the camp
ire, did not that little fellow know who
killed his father? The muroerers had
10 do away with the boy. He would
nave identified them without doubt. |
They could not conceal him with any |
Isfety to themselves. They had to kill. !
They were determined to finish their |
work.
"Wayne and Jim Gould were both |
cautioned to conceal certain plans
The buggy was run off to the side of |
he road: the two bodies were hid and |
lave never yet been found. Let US |
uppose Fountain was shot through !
he body, the body, still alive. placed |
q blankets, carried a little further, !
h-n his blood spilled by cutting the |
TCoptipuod IN 18th naoa