The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1899-06-07
Special Dispatch to The Gail.

! HILLSBORO, N. Mex, June 6.-Pro-
| found interest in the Fountain murder
/ case was manifest to-day when Major w.
! II. H. Llewellyn appeared for cross-eX-
animation by his political enemies. Wit
ness had bad memory. which he attrib-
uted to illness. He gave negative an
! swers to questions as to his connection
with plots to murder Attorney Fall and
/ Oliver Lee. He admitted that he had
employed detectives after turning the case
/ over to the Sheriff He stated that the
stenographic record of his former state
ments in some particulars was erroneous
and made some corrections.
Falls first question was: You testified
twice that the track in Las Cruces was
not the same as any of the three near the
blood? '
HE did not" interposed Attorney
Catron.
When you state that you say deliber-
ately and willfully what you know is
false, said Fall. You are seeking to
| post your witness.
Catron then addressed the court and
continued to state what the witness had
said yesterday.
Now you have posted the witness as
you intended said Fall
AS to my language, l will apologize TO
the court, but not to you, SIR said Ca
Reference to the record was passed tenn
| porariy.
Witness said: Several measurements
We're taken of horse and boot tracks and
kept in my office, but I don't know where
/ they are now
/ During a legal tilt Attorney Fall said:
/ We propose TO show that 1t was not the
original intention to prosecute the de-
! PENDANTS, but that they were after ME;
wanted TO accuse me; but got in this and
/ When the court refused to allow the
defense TO ask Major Llewellyn this after
neon who prosecuted the Government s
suit against him While he was Indian
I Agent q
Albert Fountain eldest son of the muir
dered man. was recalled. He said that his
was the first party 10 find blood, and in
MS excitement he thought he recognized
his fathers boot track near the blood
soaked spot, but was probably mistaken.
Some OF the men measured the tracks
This was the last of the evidence for
the prosecution. The measurements of
tracks several witnesses had mentioned
had not been produced.
/ Attorney Childers. for the prosecution
asked to make a statement and was
/ sworn in order to be cross-examined. He
/ explained that the last heard of them
! they were in a box in an office at Las
! Cruces.
On cross, examination, he said he did
not remember why the measurements
We're not produced at McNew's preim-
mary trial.
Attorney Barnes then explained that he
had been directed by the possessor of the
/ measurements to find them in box with
/ other papers concerning the Fountain
/ case, but they were not there. The prose-
cution then announced that the case was
! in.
The defense moved that the court in
struct the jury to find. a verdict of not
guilty Attorney Dougherty cited that
/ the controlling feature was the bloody
/ find, and no evidence showed this was
/ human blood, and ii was not found within
q week after Colonel Fountains disap-
/ pearance.
The court refused to hear argument.
and said he could not entertain the mo-
ton. He might do so if it was the last
/ chance, but not under present conditions.
/ The defense asked an adjournment. say
| ing they had much good evidence not
/ considered necessary. and could save
time by conference this evening on what
| n