El Paso daily herald. (El Paso, Tex.) 1881-1901, 1899-06-14
ARGUMENTS
OF COUNSEL
Lawyers Speak VoIubIy In
The Famous Murder Trial
ATTORNEYS FOR DEFENSE

Appeared To Have the Better Of 1t
However, On Account of the Pre-,
sumption Of Innocence Being
Stronger Than the Proof OF Guilt
HILLSBoRo, N. NJ, June 12-Mr
FERGUSON, continuing his address,
asked the jury what there was against
Gilliland. "Who had testified against
him? Nobody but Riley Baker and
the Goulds, father and son, personal
enemies of Gillilsnd, and they had on
ly testified as to an alleged remark
that may have referred to some other
person than Fountain; even If it did
refer to Fountain it would admit OF
many different constructions from the
one forced upon it by the prosecution.
Will you hang a man because three IT.
responsible men, two of them jailbtrds 8.
say the defendant said something that
might be construed as self incriminat-
ing? The prosecution had to get three
such men to testify against Gilliland
because that trivial incident was all
they could find against him. They
had 20 have three men because there
we're three tracks to fill, and since Lee
and McNew did not fill the bill they
picked out Gilliland. 1t was true that
those men were all indicted at that term
of court, but there were fifteen or twen-
ty indicted st the same time. Why
did they pick out Gilliland? Even if
it had been shown that Col. Fountain
had never prosecuted any one else than
the defendants, that would not have
been sufficient motive for this
heinous crime. AS q matter OF fact,
this alleged motive applies to too
many men in the territory, as we ali
,at ha 6nn ht
in your minds, as to the guilt of those
defendants. The jury has got to be
certain beyond a reasonable doubt tina
these two men killed little Henry
Fountain at the time and place specifi-
ed in the Indictment. Can you say
that?
81 am sorry to say that there is evid-
emily great deal of political and per-
sonal snimus in this case. The defense
did not bring it in. was staggered
by the showing made here of the
it any wonder that Lee was afraid TO
surrender to a posse under Garrett of
which Ben Williams was q member?
The warrants issued by peace justice
we're withdrawn, and notwithstan ding
that there had been four sessions of
the grand jury no regular warrant was
issued for these men, but q bench
warrant was issued and given into the
hands of q militia company under
Major Llewellyn, fierce personal
of the defendants, to serve.
Why was the sheriff ignored? The de-
PENDANTS resisted arrest simply SO as to
make sure that they would not have to
surrender to their personal enemies,
at the imminent risk of their
lives, in order to get . fair trial. They
finally made arrangements with the
governor Of the territory that they
should be protected from violence, and
that "mad dog" (Willisms) should be
and kept out of the way. In
Dons An. county there was fearful
state of affairs. The newspapers there
we're practically advocating mob
violence against these defendants. In
view of all the evidence the jury must
decide whether the eA listing state of
affairs warranted Lee and Gillilsnd in
to keep out of the way of that
mob.
"Sheriff Garrett by his evidence that
kearney fred the first shot in that
light of July, 1898, lifts all burden from
Lee for the killing of Kearney. 1t has
been shown here that Lee and Gilliland
we're not given fair chance to surren
1er-that they were not given to I'M
1ersuand that the men firing on them
we're officers Of the law armed with
proper papers-but that they were fired
IN awhile they were asleep. Sheriff
Garrett has proved himself to be an
honorable man, but he did not appoint
honorable men as his deputies. Why
vas it necessary for him to appoint
Ben Williams, that maniac on the
subject of killing" and other thor
'ughly bad men, like this fellow Es-
oolin, on his posse, when there we're so
many good citizens of Dona Ana coun-
y who would have been willing to
erve on the posse?
Il believe the death ofKearney should
,e laid, not at the door of this defend
mt Lee, but to the mad cry for mob
-iolence and outrageous persecution of
hese men in Dona Ana county that
las been persi silently raised since 1885,"
Mr.. Ferguson paid fine tribute to
Judge Fall. He said all the attempt of
he prosecution to bring Fall into the
ase had resulted merely in showing
he animus in the case more clearly.
Everything had gone to show that At
orney Fall had been faithful to his
lient and friend and business associate
through thick and thin. Garrett had
estifed that he was told when
e first came to Las. Cru
es that Fall was one of the
nen they we're after" Counsel believ-
d that "the verdict would set Fall |
ig bit, and set the stamp it deserves
pom all this riot and lawlessness that |
as torn Dona Ana county"
"Now l am willing to give my eli |
nts' case into your hands. Before you |
nd the defendants guilty you must be |
ertain beyond a reasonable doubt that |
hey killed Henry Fountain. No fair
linded man could so see it. 1 am GER
ain there can be no convictiop.'
At the conclusion of Mr.. Fergusson's
ddress the court announced that a re-
ess would be taken until half past
lght Monday morning.
MIR. CHILDERS'S ADDRESS.
When court was called this morning
he attendance was about half as large
} it was on Saturday. Mr.. Childers con-