El Paso daily herald. (El Paso, Tex.) 1881-1901, 1899-06-06
AT HILLSBORO.
Deputy Sheriff Ben Williams on the
Stand.-Lusk ReCa1led.-MdjOr
LleWellyn Testifies.
Taken Ill.,

Special correspondence of the Herald.
HERALD Bureau, HILLSBORO, N. M.
June 5.-Deputy Sheriff Ben Williams
of Las Cruces testified this morning
that he knew of the indictments hav-
| ing been found against defendants at
Ell Paso for cattle stealing. Witness
| held warrants for the arrest of indict-
ed parties. There were about twenty
other indictments all Of which were
found at the instance of Col. Foun-
tain.
[Cross examined by Judge Fall
What became of those indictments?
They were dismissed.
Who was attorney general at Ell Paso
at that time?
McGown.
Mr.. Williams, do you remenber
when an attack was made on the Gus
tom house at Ascension, Mexico, for
| the purpose of robbing it?
Yes, sir.
Where were you then?
Twas at Las Cruces and will further
say that was acting ss a detective FOR
Captain Hughes of the Texas ranger, to
prevent this very robbery.
Were you tried and convicted tor
perjury by jury in the Dons Ana
court?
Yes, but the supreme court reversed
the decision.
(Re-direct by Mr.. Childers.)
What was done with the Indictment
for perjury?
It was nolle pressed.
Who was then district attorney?
John Brojan.
Chss. Lusk was recalled and shown
a bond given by McNew Jan. "a, 1896.
and witness said that McNew left the
| same day.
Major w. q. H. Llewellyn, of rough
rider fame, was next.
He said he was a lawyer by profess
sion, residing at Las Cruces. and was
district attorney of Doua Ana county,
agent Mescalero Indians. member OF
the legislature and speaker OF tie
house of representatives and also capt
ain of Roosevelt's regiment.
Witness knew Fountain quite we'll
and also his family. Was in the Foun-
tain home many times and never knew
q more affectionste family.
Judge Fall Interrupted that the de-
Tense bad no intention OF showing
anything under the heavens as to
Fountains family relations and OBJ
jected.)
Judge Parker asked Mr.. Catron to
point, out the materially of the evil
dence.
Mr.. Catron said that Col. Fountain
| bad disappeared aud the question had
been raised that Fountain might have
| 2 ne away on account of domestic diff
| fculties. He wanted to fOrestall any
thing of the kind. Court overruled the
objection.
| Witness had not seen or beard of
Fountain since February l, 1896.
| CATER the disappearance" said the
witness. 81 was requested to organize q
posse and search for Col. Fountain and
did 80. A posse of about 25 persons
was formed
| Witness then went on to describe the
trailing of the blackboard, as has al
ready been told by other witnesses.
Witsess described the remnants of the
little camp fire, six or seven miles be-
yond where the blackboard had been
| left, and described the tracks around
lit.
| CHILD'S TRACKS.
"There were or child's tracks,"
said he, ''all made by the right shoe.
The tracks of men we're made by cow
boy boats, one of the boots was run
over at one side. l afterwards saw one
pair of these tracks at Wildy's wells
and another pair at Las Cruces. 1 was
with Captain Brannigan in Las Cruces
when William McNew passed along
and Captain Brannigan measured his
tracks and compared them with q pair
of the tracks around the camp fire.
1--WE followed the trail of horsemen
from the camp fire to within six or
seven miles of Wildy's wells where q
herd of cattle came into the trail and
went toward Wildy's wells. The cattle
were being driven by Dan Fitchett to
| Lees ranch from Dog Canon.
"When Clausen returned after going
after water he called my attention to a
white horse and rider passing some dis
lance away. We examined the tracks
and 1 thought it was the horse that
went from the camp fire toward Will
dy's well.'
Major Llewellyn was taken i'll at noon
and at 2 O'Clock court adjourned until
tomorrow when the cross examip alton
of the witness will begin. He Is pro-
baby the last witness for the territory.