El Paso daily herald. (El Paso, Tex.) 1881-1901, 1899-06-14

human blood and that he believed i
was human blood. Nobody has showl
on this stand that any other ANNA
had been killed there subsequent to tn,
Fountain disappearance. All the othe1
circumstances are such as to make il
certain that this was human blood
Nobody has shown that any othel
animal such as dog or q coyote or
hOrse or ia rabbit had died there
and it would have been a most remark
able coincidence if that had happened
Just at that time.
that time accounts for the blood being
there; it's presence cannot be account
ed for on any other theory or SUPPOSE
| tiou: it must therefore have been Col
| Fountain's blood. The expert testified
that the shedding of that amount OF
human blood must have caused death
| therefore Fountain must be dead"
(Nothing was said here as to the death
OF the Fountain boy, for whose murder
the defendants were on trial.
Mr.. Ch1lders accounted for the alb
sence Of blood on the blackboard by
stating that Fountain may have
jumped from the buggy just before he
was shot; he may have been on the
ground when he was shot, he may have
been shot and have fallen out, or he
may have been carried In blanket
from the place where be WAS shot and
placed there to bleed to death.
"Mr. Ferguson has told you that it
would be impossible to measure or
identity horse or man tracks, espe-
cially If the wind was blowing, and
that there is absolutely nothing in
such evidence. You we'll know that
the trailing of horses and men is an
everyday occurrence in this country
and that to men familiar with the
tracking of individuals or parties by
such means the work is easy and GER
| tain. 1t Is utter non sense to talk about
obliteration of such tracks in week
or even two weeks. If they are lost
for time they can be picked up far
ther on.
"The absence of. the measuring sticks,
the bloody coin, the napkin, etc, in
troduced by the prosecution at the pre-
| liminary examination, and considered
so important by the defense that they
say they are essential to prove certain
| statements, is far more damaging to
| the defense than to the prosecution.
Why should we want to destroy this
| evidence? It is not so all important
| as the defense assumes to think, how
| ever. The defense claims that there
was not enough motive on the part
of the defendants for the murder in
| the fact that they had been indicted
were too many men in the same
fix. There has been ample evidence
introduced here to show that these.de
PENDANTS were in fact afraid of Col,
Fountain, and that they were glad he
was out of the way after his death.
"These men had no reason to resist
arrest. They need not have been
afraid of the sheriff. Garrett is an
honorable man. The defense has paid
him great tribute for his honor and
truth. They would have been safe in
his hands. They need not have sur
rendered to that man Williams, if
they were indeed afraid of him, which
appears ridiculous. No, they were
afraid of newspaper, that little four
by nine sheet. Why should they be
afraid on account of the utterances of
not all the law and power of the terri
tory on the side of order and safety :?
Lee went in and out of Las Cruces
without fear up to March, 1898. He
was not afraid. McNew was in the
custody of Sheriff Garrett for many
months. He was not killed, or mob
bed, or threatened.
1.-THE men Burch and Axis, having
been picked out to do foul murder for
pay, must indeed be miserable men:
they must be assassins themselves.
But why did the defense not bring
those men here to testify? And then
there are those letters that Lee said
Llewellyn wrote to Cox. Why didn't
Cox come here and tell about them
himself? 1t is wonderful thing that
the most important letters in the
case of the defense are missing.
The very two letters of Cox's
are missing. The Burch and Axis
letters are missing. What kind of
evidence is this to bring before you?
"The defense lay much stress on the
claim that 1t was only after the COVER
nor by permission of the court had
agreed to protect them from violence
and permitted them to surrender out
side OF Dona Ana county that the de-
PENDANTS felt willing to surrender
the governor arranged with these flu
gitives from justice to surrender in an
other county simply in order to take
away their last excuse for resisting
arrest.
1.-THE Maxwell contract was not IN
usual. 1t is all right to pay man
money as detective to secure evidence
in case or to put in shape to use that
which is in his possession. When the
governor offers reward for a fugitive
it is the same thing. Shall mems hand
be tied? 1t would be offering positive
protection to criminals, if money could
not be used by the proper authorities
to secure the criminals or evidence
leading to the conviction of the Grimm
ais.
Mr.. Childers then took up the mat
ter of the alibi. He considered the
evidence of the different witnesses in
detail, using Garrett's testimony on the
Kearney fight which was so hig ] lv
praised by the defense to show that
he must have been telling the truth
when he said Dan Fitchett told him he
went to the Lee ranch in the morning.
not evening, and saw the defendants
and others engaged in setting out
grape vines" Fftchett denied on the