The record-union. [volume] (Sacramento, Calif.) 1891-1903, 1899-06-09
FOUNTAIN TRIAL.
The Defense Strengthens Its CLAIM,
20 an A1ibi.


HILLSBORO On. M, June S.-The
defense in the Fountain murder trial
strengthened the alibi this morning
When Albert Blevin, T. and P. fireman,
who worked near Dog Canyon, testi.
fed tina. he was with Lee and Gilliland
at Lees ranch, sixty miles from the
murder scene, during the very time
Colonel Fountain and his son are said
to have been killed. Blevin arrived
there at 2 p. m. Saturday, February
1st, and remained until Monday. Max
we'll was also there. The latter had
said the defendants were not there He
refuted the statements of suspicious &C.
tions in the presence Of the seerchers
The prosecution held the witness near
ly three hours, vainly trying to confuse
him. The defense has discharged half
its witnesses, as they are not consid-
cred necessary.
Mrs. Lee, the widowed mother of the
defendant, Lee, told a straightforward
story of the presence Of her son at the
home at the time Colonel Fountain and
his son are supposed to have been muir
dered. Oliver Lee repeated the defense's
story of his Whereabouts at that time,
and said that he first heard he was
suspected several days later. He then
Went to Las Cruces. and found war
rant had been issued. He offered to
surrender and stand trial then, but was
refused. An extra issue Of Las Cruces
paper suggested mob law, and openly
accused him of the Fountain murder
He learned that a posse was searching
Tor him and that among its members
was Ben Williams. who was said to
have mania for murder and others
known to be his enemies. Then he re-
turned to his ranch.
The prosecution objected to the intro
duction 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 contended that newspa-
per editorials are simply statements Of
editors and not public opinion.
The court admitted the comments, but
no statements of alleged facts.
Continuing, the witness said that,
fearing the officers would kill him with
warrant as an excuse, he hurried
home, but visited Las Cruces several
times afterward and learned the war
rant had been withdrawn The mat
ter was especially rife at election time.
When the last warrant was issued he
did not surrender because of mob talk
and of information that certain people
had said they would deal him violence
if he came in. Subsequently, he agreed
with Judge Parker. who is now trying
the case, to surrender on condition that
he be not 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.
Il was fired upon when asleep said
the witness. "Kearney fired twice and
Garrett also fired before I fired. I
heard no commands of hands up, but
Garrett was talking while shooting I
killed Kearney. We took care of him
and made him as comfortable as pos
sible while dying. 1 made CARROTS
party ride away but agreed to surren-
der on condition that he would tell the
truth. We We're at Dog Canyon almost
every day after Fountains disappear
ance, and no one sought us there"
Lee was still on the stand when q
recess was taken until evening.
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