El Paso daily herald. (El Paso, Tex.) 1881-1901, 1899-06-03
quiet since the old man was missing
or killed. don't know which,"

or Killed. don't know which,"
AMBUSHED AT ALAMOGORDO.
TCross examined by Judge Fall
Did Gillilsnd say anything about a
when he'was watching the trailers?
1 don't know that he did.
Mr.. Baker, what were you doing on
top of that house at Alsmogordo with
q Winchester on election day?
I was trying to capture Lee and Gill
liland.
Who was there with you?
MIR. LOOMS, my brother and his son.
Whose house was it?
l don't know.
Who told you to 60 up on it?
Mr.. LOOMS.
Was he an officer or did he have q
warrant?
Not that I know of. He said he was
deputy sheriff.
How long did you stay there?
From ten o'clock one night to 4
O'CLOCK next day.
Are you q friend of Mr.. McNew?
Yes, sir, I'm nothing else 1 reckon.
Did you remember meeting Jake
Gould in the Sacramentos and you and
him have q conversation, you prOpOs-
ing for them to 60 with them and way
lay McNew on the road from Ell Paso
and they to swear you out of it?
No, sir.
Didn't you go over to McNew's place
to assassinate him, and didn It he catch
you and ask you what you were doing
there and accuse you of trying to as
sassinate him and you said you were
trying to kill wolf?
Don't you know that large number
of citizens of Alrmogordo complained
to Charles B. Eddy that you got on
that house with the intention of killing
these men?
OBJECTED and sustained
Who was Loomis?
He claimed to be deputy under
Garrett.
What made you get on that house at
Aiamogordo?
I thought Lee and Gilliland was
coming there to vote.
Did you have warrant for Lee?
Yes sir.
Did you ever go to Dog canon to
serve it?
No, sir, after 1 got the warrant 1
never went near Lees place.
Isn't it fact that you and Jake
Gould and Jim Gould and little Jim
Gould were riding around those noun.
tains armed with winchester rifles
and six shooters pretending to be hunt
ing for Lee and Gillilsnd?
No, sir.
Have you been carrying six shooter
since you have been here?
No, cir.
When did you leave Texas?
1 don't know;I came from Uvalde
county.
Any indictments against you when
you left there?
No.
Redirect by Mr.. Childersl.
How many times did you try to serve
this warrant. charging Lee and Gill;
land with the Fountain murder?
1 don't know how many times, but l
watched Dog Canon ranch with field
glass many times.
(Re-cross).
Did you ever receive any pay for
your services as deputy sheriff?
Yes, sir several times. 1 was to get
$3.50 per day for watching on the
house at Alamogordo.
Were you to get any more for killing
Lee?
There was nothing said about kill
ling Lee.
At the conclusion of witness testi-
mony the prosecution brought in three
of their witnesses, who had been sum-
moned, and asked that they be dis
charged without testifyipg.
Judge Fall objected and said he
would subpoena the witnesses himself
or force the prosecution to put them on
the stand. The witnesses were order
ed to remain in attendance upon court.
HUMPHREY HILL.
Humphrey Hill of La Luz was called.
He last saw Fountain on the last day
of January, 1896.
Counsel for the prosecution began
asking questions of the witness to draw
him out and have him tell of u con-
versation which took place between
him and Fountain when they met on
the road in which Fountain related
having been told that three men were
following him.
evidence on the grounds of it being
hearssy, alleging that witness was tes-
flying on what Fountain had said
about information given him by
third person.
The jury was Withdrawn and argu-
ment followed between opposing coun-
sci.
AFTERNOON SESSION.
The attorneys who begun arguing at
/ 80 o clock on the admisi bility of evil
dence, which the prosecution sought
to introduce tending to establish that
Fountain feared attack from three
men, who were shown to have been
following him, continued speaking this
afternoon for full hour. the jury hav-
ing withdrawn from the court room.
The three attorneys on either sled
were given ample opportunity TO dis
play their legal knowledge and orato-
rical powers and all took advantage of
The occasion. Each talked long and
reading much law on the
point at issue.
The court finally ruled that it was
clearly incom petent to establish any
fact by the witness which WAS not stat
I'd to him by Col. Fountain out of his
OWN mouth. If, however, a conspiracy
lad haRn ShQWn -