El Paso daily herald. (El Paso, Tex.) 1881-1901, 1899-06-13
ATTORNEYS ARGUE

| lORTNE1 = nKOOL
The Closing Hours of the Lee ant
6illiland Murder Trial at Hills
bOro.-The Attorneys Expent
Much Time In Wind Jammlnt
and the Prosecutions Lawyer:
Try to Make Up With Argument
What they Lacked in Evidence
| HILLSBoRO, N. NJ, June 11.-Vis
Lake Valley. June 12.-(Exclusive).-
Friday evening the prosecution put
mum Der of witnesses on the stand in an
effort to rebut certain evidence intro
duced by the defense. d. 81. Suther-
land swore positively that F1tchet'
told him he went to Lees ranch on
the morning of February l and found
Lee there setting out grapevlnes.
Fitchett had said that he didn't be-
lieve those boys were guilty for he sa"
them in the morning OF that day at
| Lees ranch"
Pat Garrett testified that Fitchett
told him he saw Lee, Gilliland, and
McNew at Lees ranch on the first OF
| February. The defense began line
of questioning with view to showing
that Garrett had so great an interest
in the case that he went outside OF
Doua Ana county into Otero county in
search of witnesses without proper
legal papers. The prosecution object
ed to the questions: objections sustain
ed and exception noted.
SHOW much money have you got for
working up this case outside OF your
salary as sheriff. asked Judge Fall.
OBJECTED: sustained: exception noted. }
did you not receive one thousand
dollars at one timr in addition TO your
salary after yon took hold OF this case:
(Objected; sustained; exception noted, }
TO REBUFF RHODES'S EVIDENCE.
The prosecution then put on a num-
Der of witnesses to rebut tie evidence
of Print Rhodes which bore down So
hard on Major Llewellyn. Maior Bran
nigap testified that during the first
half of February, 1896, he WAS camped
in "the fats about two miles from
Rhodes's house, together with Carl
Clausen, Lleweilyn, Jack Fountain,
Tom Fountain, Ben Williams, and
Fowler. Did not see Rhodes st the
camp and would likely have seen him
if he had come there at any time. Was
at the camp most of the time. Witness
did not hear Fowler make the remark
attributed to him by Rhodes, that
=
had better get to it, or L
am going.back to town." The party Or
which witness WAS member never put
their horses in an adobe enclosure of
lay in wait for Lee to kill him as he
came out Of town. Witness smiled at
the question as if it was too absurd TO
notice. Witness said the party stopped
at Rhodes's house on the way to Las
Cruces. Witness said he was with
r ~ ~ ,,,
Llewellyn did not enter the house at
any time, nor did he have any CONVEX
sation with Rhodes at that time. Wit
ness was very positive that none OF the
conversation detailed by Rhodes could
have taken place without witness
knowing Of it.
After few more questions Mr.. Ca
tron said. You can take the witness"
I'VE don't want him." remarked
Judge Fall emphatically.
Carl Clausen testified substantially
the same as Brannigan. He Was more
positive than Brannigan thGt Rhodes
had not been in the camp in the flats
and that Llewellyn had not talked
with Rhodes at the house. Only Will
liams went in the house. Witness and
Llewellyn were side by side all the
time they were there. Some questions
were asked this witness and Brsnnigen
dOOuG VIC SSCOuu pdcS vi Gn6 JdrlllaS
Both witnesses made replies that Nigh L
be construed as rebuttal of certain tes-
timony of Oliver Lee.
Judge Fall asked the witness: "Did
not Llewellyn send Luis Sierra into
Las Cruces with note to Oscar Lob
man asking where Lea was, and did
he not get an answer saysng Lee had
gone out another way? (Mr. Fall eX-
planned that this was the courier re-
ferred to by Rhodes.)
Witness answered no.
"Did Tom Fountain leave the camp
at any time you we're there.?''
81 don't think so: he may have"
said the witness.
Judge Fall remarked that while the
witness testified very positively that
Rhodes did not come into the camp at
any time, he was uncertain as to
Tom Fountain went out or
not. Witness admitted afterwards
that he was not at the camp all the
time.
Jack Fountain testified like the fore
going. He had been at the camp all
the time and Llewellyn also. Print
Rhodes did not come there. Williams
went into Rhodes's house but Llewellyn
did not, and no other member of the !
party besides Williams went in. Wit |
ness was very positive that there was
no conversation between Rhodes and
Lleweliyn as told by Rhodes He did
not hear Fowler's remark at the camp,
which Rhodes had said was uttered in
3 tone loud enough for all to hear. |
The party had never concealed their |
horses.
JOSE ESPOLIN.
Jose Espolin testified that on July |
Ii, 1898, he was at Cox's ranch and |
saw Lee, Gilliland, and Print Rhodes
here. Lee and Gilliland stopped |
lew minutes and when they left they |
went toward the Jariilas. After they |
witness did not say to Rhodes