El Paso daily herald. (El Paso, Tex.) 1881-1901, 1899-06-15

| pl8lQ6Q GQo l6tberS u I'LL July -Gu
there had been cold blooded conspirac
to kill Fall and Lee for political an
personal reasons, and that the ma
Jake Ryan was to do the work. TIL
prosecution ask why We do not put OF
Cox. Gentlemen, we are not trying
Llewellyn. We do not have TO put OF
Cox.
'sThe alibi of the defendants is alb
solutely conclusive. The prosecutor
against the defendants wit
nesses as to the aibi. By
innuendo they charged Mrs. Lee, the
old mother of Oliver Lee, with perjury.
They did it in pretty words, but the
district attorney had to do 1t in order
| to open his attack. And then he put
up against that lovely old lady, on the
| verge of the grave, testifying to the
truth under her solemn oath-he put
up against her a man who had Jumped
from place to place all his life and had
changed his name with every jump, q
man who when asked whether he had
told the truth at a former trial, at
which be testified under oath, replied
that it was so long ago that he did not
remember That Is the kind of a
wretch they put upon this stand to
charge this old lady with perjury.
The man with the two Thousand dollar
men and one woman that told the truth.
Does that look reasonable?
"Now are you going to take all this
mass and confused amount OF what they
call evidence and convict these men of
the murder of Henry Fountain? Sup
pose Col. Fountain and that boy should
/ walk into this court room tomorrow.
Where could you put your finger on q
single iota OF evidence that would be
worth thought"
JUDGE FALLS ADDRESS.
After little talk about the jury sys-
tenn and it's great benefits, Judge Fall
said in part: ''These men wanted to
be tried in Otero county! They did
not fear to be tried there. 1t is over
the objection of these men that this
case is given to jury in Sierra county;
We wanted to stand Jack Maxwell and
the other witnesses for the prosecution
up before the men who knew Dan Fit
chett and Oliver Lee and Mrs. Lee and
George Curry and the others. But the
other side commended that in OterO
county Oliver Lee and his friends had
too much control of the courts and law
officers and it would not be fair to try
them there, .Otero county has $500
people. It is quite reasonable, is it not,
that one man should control that cOun-
ty after the manner of king or die
tator. Do not mistake this fact. Oil
yer Lee wanted to be tried in county
where he was known. The territory
wouldn't have it.
ST know the leading counsel for the
will try to weave about
this case an intricate web of alleged
evidence in his effort to make out a
case. He will ask you to go outside of
the facts as they appear in the record
q nd lat nd
might have happened. When ne does
this want you to measure him care
fully according to the facts in this case. |
SIT is admitted by both sides that Lee
and Gilliland and McNew were indict- |
ed at the January term OF court, that |
here wasnothing in those indictments, |
and that they were dismissed. The |
question is, were those groundless in
iictments a sufficient motive for the
murder of Col. Fountain ands his little
BOY?
There is no evidence that the de-
endants ever knew that Col. Fountain
vas in any way Instrumental in secur
ng Indictments against them. II these
men had such motive why did they
lot murder Less Dow. who had the in
lictments drawn up? Why not the
hem? Why does not suspicion rest on
very one OF the seventeen men indict-
ID at that term of Court?.
1.-TWO horsemen are said to have been
cen appar following Col. Foun
ain, and three others were later seen
head of him. So say the prosecution.
We do not dispute that. Why should
We? We know nothing about those
men and care less. There were other
people in the vicinity to make tracks.
The prosecution has shown that. We
Ion't know who made any particular
ct of tracks and we do not care. They
.ttempt to show that one set of those
racks left Luna's wells and went to-
Yards Lees we'll, according to one
by way of the Jarillas. This is
he only one of the horses tracks that
hey even attempt to trace to these de-
endsnts in any way whatsoever. 1t is
significant fact that the strongest
wearing and the most discoveries
we're made by the second posse that
vent over the ground. You saw the
try to break down the tes-
imOny OF their own Witnesses when
hey did not testify as they wanted
hem to. We did not make the trail.
We neither know nor care who made {
he trail. l am surprised that Bran {
igan and Llewe]lyn were not willing
o swear that the name of the horse was
o and SO by the shape of his tracks. ,
he prosecution testified that Lees
orse Was full shod. The defense :
roved that he was not shod, he went 5
ato town and was not shod, he stayed
here ten days and was not shod. The
efense showed that the Srsilers of the +
we're all at sea and were
" rearing in the dark. :
"Mr. Childers told the jury-he was
ne only one that said SO and he WAS
OF sworn as to that fact-that the !
'acks on top of the house that were /.
leasured were Lees tracks. How
pes he know that? Everything has :
one to show that the measurements
nd statements of Major Prannigan