Omaha daily bee., 1899-06-09
FAR FROM SCENE OF MURDER
Defendants In Fountain Case oncr
Evidence that They Were SiNty
Miles Away.

HILLSBoRo. n. NJ. June S.-The defense
strengthened its alibi this morning when
Albert Blevin, a Texas & Pacific railroad
fireman, who worked near Dog Canon. testi-
fed that he was with Lee and Gilliland at
Lees ranch, sixty miles from the murder,
at the very time Colonel Fountain and his
son are said to have been killed.
Blevin arrived there at 2 p. m, Saturday,
February 1, and remained until Monday.
Maxwell was also there. The latter had
said defendants were not there.
Blevin also said that the cattle which
the prosecution claimed had been used to
obliterate trails were under contract to be
delivered and that Lee was with him the
day they met the herd. He denied state
ments Of suspicious actions in the presence
of the searchers.
The prosecution held the witness nearly
three hours, mainly trying to confuse him.
The defense discharged half Of its witnesses,
considering it unnecessary to introduce their
testimony.
Mrs. Lee, the widowed mother OF the de-
PENDANT Lee, told a straightforward story of
the presence Of her son at home at the time
Colonel Fountain and his son are supposed
to have been murdered.
Oliver Lee repeated the defense's story OF
his whereabouts at that time and said he
first heard that he was suspected several
DAYS later. He then went to Las Cruces
| and found a warrant had been issued. He
offered to surrender and stand trial then,
but was refused. An extra Issue OF a Las
Cruces paper suggested mob law and openly
accused him OF the Fountain murder. He
learned that a posse was searching for him
and that among it's member was Ben Will
liams, who was said to have a mania for
murder, and others known to be his enc
mics. Then he returned to his ranch.
The prosecution objected to the introduce
ton of the newspaper as evidence. In the
argument Attorney Fall said he could point
| to the man who wrote the article and he
was not the editor. The prosecution con-
tended that newspaper editorials are simply
statements of editors and not public opinion,
Tue court admitted the comments, but not
statements of alleged facts. Continuing, the
witness said that, fearing the officers would
kill him., with a warrant as an excuse, he
hurried home, but visited Las Cruises several
times afterwards and learned the warrant
had been withdrawn. Subsequently he
agreed with Judge Parker, who is now try
ing the case, to surrender on condition that
he should not be committed to jail, and did
so. Regarding the killing of Deputy Kear-
ney last July. he said he slept on the roof
because he feared he would be killed by
threatening parties.
II was fired upon when asleep" said the
witness. "Kearney fired twice and Carrot
also fired before l fired. l heard no COM
mand of hands up, but Carrot was talking
while shooting. / killed Kearney. We took
care of him and made him as comfortable
as possible while dying. l made Carrots
party ride away, but agreed to surrender
on condition that he would tell the truth
1 was waiting for news from the sheriff In
Dona Anita county before surrendering. We
were at Dog Canon almost every day afte'
Fountains disappearance and no one sought
us there"
Lee was still on the stand when a recess
was taken until evening.