El Paso daily herald. (El Paso, Tex.) 1881-1901, 1899-05-31

THE TRIAL

Much OF the Testimony, And a
Vivid Account of the Progress
of the Trial.
Special Correspondence OF the Herald e
HERALD Bureau, Hillsboro, N.
Nj Valley, Me-. May 49, so.-w VIZ a asns
opened this morning the proceedings
commenced by the calling of the wit
nesses who, to the number of 77,crowd-
ed to the front, were sworn and then
retired.
Among the few who did not answer
tt their names was Jack Maxwell OF
Three Rivers, considered one OF it's
most important witnesses by the prose-
cution. he was heard from later in
the day however when Sheriff George
Curry, of Otero county, who has been
doing every thing in his power to ap-
prehend the witness, received q tele-
gram saying that Garrett had rounded
up Maxwell and was then on his way
to Hillsboro with the man.
Among the notablesSpresent as wit
ness for the territory we're EX-Gov
ernor.Thornton and.Major Llewellyn of
Rough Rider fame. Governor Thorn
ton said he was in q hurry to get away
and was allowed to testify u of his
regular turn as q matter of accommOda-
tion.
He was the first witness called and
his direct examination was conducted
by Mr.. Childress for the prosecu-
ton.
GOVERNOR THORNTON.
Witness said:
81 first heard of Col. Fountains
death on the first Tuesday after it Oc-
Cured" prompted by defense to call it
disappearance" not death).
II was informed that his buggy had
been found and the supposition created
that he had been murdered. l was re-
quested to offer a reward and come to
Las Cruces Tuesday night. Soon at
forwards Captain Van Patton gave me
q package containing sand, soaked with
blood. 1 took it to Santa Fe where it
was analysed by a chemist and pro-
nounced human blood.
Later Captain Van Patton sent me
q package of hair which had been
shaved from the side of a white horse;
This was also saturated with blood and
was analysed"
tCross examined by Judge Fall.)
Who sent for you to 60 to Las Cru
ces?
1 think Llewellyn and Numa Ray
mond asked me to offer a reward, but L
don't know whether they asked me to
come to Cruces or not.
Didn't you receive a telegram from
l. hOh4oS n ooAldk yoo W. SoDS
No sir, 1 think not.
Didn't you state there that you had
received a telegram from Tucker?
No sir, 1 am certain Tucker eve
sent me any telegram. 1 am not posi-
tive. however, that I did not receive
one. (Excused)
ANTONIO GARCIA.
Antonio Garcia, whose daughter be-
came the wife of Albert J.. Fountain,
Jr., next testified.
He is an aged Mexican ard it vas ne
cessary for the court interpreter to
work hard during the examination.
The witness said in part;
81 saw Henry Fountain in January,
1896. He was about eight ort en- years
of age. l saw him and his father the
learned that Col. Fountain was going
to attend court. 1 saw them start, but
saw them again the Mex day near
Parker's wells whilesAlbert Fountain
and himself were looking for Col. Foun-
tain's horses. which had peded
and strayed off.
81 afterwards Joined a posse to look
for Henry Fountain and his father.
We went east from Las Cruces toward
the Chalk hills and stayed all night
near the lakes. We arrived at the
stage station at sunrise and afterwards
met another posse going towards Lu-
mas wells. We met by agreement at
the place where the road forks"
The witness next told of the finding
of the dismantled vehicle in which the
Fountains we're travelling.
Behind a bush, near the vehicle.
were found the imprints of cowboy
boots q other evidence that q man
had hidden there. A number of cow
boy tracks were also visible around
the vehicle. A portion OF the search
ing party remained at the vehicle
while others took up the trail of five
of the horses and followed them to-
ward the Jarillas.
"There were tracks of six horses
leading away from the vehicle in a
bunch" said the witness. I'VE fol.
lowed them to the hills, where they
We followed one of the
trails made by three of of the horses
across the Jarillas toward the Sacra-
m%entos, and about six miles from the
and lost by the crossing of a herd of
THE searching party abandoned
the trail and went to Lees wells to get
water. They were about seven miles
The dog canon ranch where
Lee resided, was six or seven miles
distant"
CROSS EXAMINED.
Gross examined by Judge Fall.)
Now, Antonio, you say you went with
Albert Fountain the day after Col.
left for Lincoln?
Yes, sir. ,
Who started with you?
Several persons.
Why was it that you and Albert
went out to Parker's wells? ;
Others wanted to 60, but I told them
lot to.
Didn't Col. Fountain tell you that
lis horses had beer stampeded that