Santa Fe new Mexican. [volume] (Santa Fe, N.M.) 1898-1951, 1899-06-01
THE FOUNTAIN CASE
A Witness Says That Killing the
Little Boy Was Declared Not
Worse Than Killing a Dog,
JACK MAXWELL'S TESTIMONY
1t Is Expected That Several Mysterious
Murders Will Be Explained in
Endeavoring to Impeach
Witnesses.

IlliloDOIO, ~. M', ouilo i. iii duuouiPo-
ing to show the enmity for Lee and
Gilliland on the part of witnesses being
used by the prosecution, the defendants
attorneys by cross examination today are
resurrecting incidents of several old
feuds the prisoners are said to have
participated in. 1t is promised that
before the trial concludes numerous
killings will be brought up to lmpeach
witnesses, some of which have hereto
fore been unattended by any arrests.
James Gould, cowboy, distanty re-
lated to Gillland by marriage, began his
testimony saying q letter came to Nc
News house the night before the mur-
der. McNew got cartridges and rode
away saying to tell enquirers that he
had gone to Roswell, but really 60
ing north in the direction of Dog
canon, where the blood was later
found.
About week later McNcw and Gilli-
land came back together and told OF A.
j. Fountain, Jr., trailing his father.
They said he came TO Lees ranch and
while at dinner swore dire vengeance
against his fathers murderers Later.
said the witness, 81 had talk with
Gilliland and he said Colonel Fountain
applying a vile name) came from Texas
in chicken coop" Said the witness,
she said the deceased raised hades
everywhere he went but would not do
so again. He remarked he might have
needed killing but not his son. Gilli-
land then said the boy was half breed
and it was no more than killing a dog"
During the cross-examination witness
said he supposed he is now an enemy OF
Gilliland and McNew.
HAS there been threatened trouble
between your people and Gillilands
friends?"
'Don't know of any threats?"
'Were you not all well armed?"
Eyes, thought Gilliland might raise
trouble with me, and l carried firearms
some time before McNew's preliminary
hearing"
Riley Baker, former deputy sheriff in
the Sacramento mountains, who married
the sister of Mrs. Gilliland, told of Gilli-
land having shown him a point on the
from which Lee, McNew and
Gilliland watched with glasses the
of the Fountain trailing
posse ten miles away.
"When l deprecated the killing of
the child, Gilliland said he thought it
(the child little better than dog" said
the witness. "He said that If the body
of Colonel Fountains son had to be
found before any one could be convicted
no one would be convicted. Later, he
said that things had been more quiet
since old Fountain disappeared. On
election day in the spring of 1897, | was
on top of a house at Alamogordo with
others, all armed, waiting to capture
Lee and Gilliand."
Witness said on cross-examination:
II was then an officer and had a war
rant charging them with the Fountain
We made portfolios in the
parapet. have always been friendly
with Gilliland."
''Did you not propose to Jake Gould in
April 1897 that you would 60 to the
house in the mountains and kill Gilliland
and McNew, and Jake was to swear you
out of it, and were you not held up by
McNew in Grapevine canon and ordered
to explain following his trail?"
Nothing of that kind happened;
had no such conversation as is detailed
with reference to killing McNew and
Gilliland." Witness denied that he was
to be paid extra for killing Lee.
yesterdays TESTIMONY.
Hillsboro, N. M, May 31.-John Max
we'll was brought here under attachment
to testify in the trial of Lee and Gilli-
land, charged with the murder of Colo
mel Fountain and son. He told of see
ing two men whom he believed to be
defendants IN the vicinity of the scene
of the murder about that time.
On cross examination 1t was shown
that Maxwell had given testimony of a
different character at the habeas corpus
trial. Maxwell said he had contract
with Charles Perry, ex-sheriH of Chaves
county by which he was to receive 81, 900
for evidence to convict the Fountain
murderers. He denied that he had said
he could clear Lee and Gilliland.
Il. .B. Heman testified that he was fore
man of the Lincoln county grand jury
in January 1896 and that ID was mainly
through the efforts of Colonel A. j..
Fountain that Oliver Lee and VIM Nc
New were indicted for stealing cattle.
Cross examination showed that Les
Dow, afterward sheriff Of Eddy county,
was the chief witness before the grand
jury. Dow was afterward assassinated
by unknown parties in Eddy, though it
is not claimed that the defendants were
responsible for this crime. Eddy par.
ties were suspected but guilt was not
proven.
Saturnino Barela, mail carrier on the
Lincoln route, on February 1st saw
at a point about three miles north of the