Albuquerque daily citizen. [volume] (Albuquerque, N.M.) 1895-1903, 1899-06-02
THE FOUNTAIN CASE.
Political Phases Developed in
To.Day'S Testimony.
Sensational Incidents In Cross Ex-
animation Of Garrett.
The Merry Sheriff Reminds A. B. Fall
Of Thing or Two.
TIE KILLING OF KEARNIY.

HiilsOOf0, N. NJ, June Pat Jarrett,
the noted man hunter OF Texas, who was
brought to New Mexico and appointed
sheriff Of Dona Ana county. to ferret out
the Fountain murder case. was the last
witness called yesterday afternoon In the
Fountain murder case. A hush followed,
awaiting his appearance, the people
knowing him TO be one OF the chief wit.
nssses for the prosecution. His testimony
was In substance az follows:
II found blood where we supposed the
murder Of Colonel Fountain took place.
was accompanied by a posse. A bloody
spot indicated at once that murder had
been done. The ground was soaked and
the blood had spurted. A few feet away
there was another small spot Of blood.
10 April, '9s, went to serve o warrant
on Lee and Gillilsnd and they objected
an killed one OF my men. had made
several efforts to arrest them. even going
to Lees cam? and his COW herd, but
fa led to find them. When they killed
my deputy we went into Lees house and
searched the rooms, but failed to find
Lse and Gilliland. After looking outside
! found ladder sticking out from the
roof. and Mcvey, who lived at Lees
honse was out In the yard making signs
towards the roof. sent a man up on q
shed and he saw an arm protruding. Il
told Mattes0n, another OF Lees friends,
TO tell him (Lee) that we had O warrant
for him. and to come down. He said II
Lse was there he did not know IL. All
we could do was to crawl after them.
We ordered their hands up without ef-
feet. II. X. Kearney. one Of my men,
fired after he had crawlsd up. Lee then
fired. ksarney was mortslly wounded,
dying short time afterwards. aud there
was quite fusilsde around u.s."
The witness told Of the voluntary sur.
render OF Lee and Gillilsnd several
w,eks later. Regarding the sensational
contract referred to yesterday by the de-
fense, Garrett told OF written contract
with Jack Maxwell. which he last saw In
Mrs. Creed's safe on the V v ranch 81
have u copy here. made by myself" he
said. The contract reads:
"TULARosA, N. NJ. March 8, 1898.
"This IL 10 certify that we, the under.
signed. agree to pay John Maxwell two
thousand d0llsrs In case he gives us in.
formation that will lead to the arrest
and conviction OF the murderers OF Col
A. j. Fountain and son, said money TO
be due as soon as conviction IL had.
up, 4. GARRETT,
&c. q. PERRY"
Court adjourned, with Garrett on the
stand. until this morning.
ToDAY's TESTIMONY.
The political phases OF the Fountain
murder case developed with to days
testimony. The rourt refuses to enter
tain matters relating to political parties
The evidence to-day has been fraught
with the political feeling against Lee
aud Gilillsnd, rather than tenting to
show them guilty OF the Fountain mur-
der.
Garrett Is being cross examined by
Heso'hcy n ID Fnii' Duiiuk hu ODJtC-
tiOn Fall said; Garrett was Ousted
from the sheriif's office because he re.
fused to murder Lee and Gilliland and
other murterers were put In. We will
show that they refused Lee a hearing,
waiting for the administration to
change"
Garrett said: THE Masonic lodge was
paying the expense OF the investi CATION.
You" addressing Attorney Fall. land
others have been shooting at each other
good deal. believe it was called DO
litical feeling"
The witness startled the listeners more
by saying that Attorney Fall had gone
with him to Santa Fe and got two
county commissioners removed 40 he
(6arrett) could be appointed sheriff.
Garrett then recited how Kearney was
killed and Lee had a drop on the posse
from the house top, but agreed to
desst Oh cOndi,i0 that Garrett should
leave and tell the truth.
"Several shots were fired, however,
through the roof at US after We had be-
gun to talk" he said. The defense is
trying to show that Garrett had TO In.
y,sligate other clues when the noon
raspaa waa takan