The San Francisco call., 1899-06-10
BOMbSHELL FOR
THE PROSECUTION
Big Surprise in Fountain
Murder Trial.
Special Dispatch to The Call.

HILLsBORO, N. NJ, June 9.-The great
est tension yet reached in the Fountain
murder trial occurred to-day, when the
prosecution forced Defendant Lee TO tell
who repeated Garretts alleged threat Of
the life of witness.
Attorney Fall stated that lives were
placed in Jeopardy by the admission of the
testimony. Garrett had said he would
whip the man who testified so on the
stand Other methods of protection would
have to be taken if they were not shielded
by the court The court said they must
protect themselves Witness said Ed Ell
lis. a barber. repeated the alleged threat.
Ellis is at Las Cruces and Garrett is
here.
Cross and redirect examination of Lee
brought out several things to show why
he resisted arrest. He said he learned of
a man lying III wait to assaSsInate MIN
and Fall through letters TO Fall from
both Burch and jeff Aikes, who stated
they had been approached with an olfer
by Numa Raymond, former SherlH OF
Dona Ana County. W. W. Cox. a former
friend of Llewellyn, but now friendly TO
Lee had said Jake Ryan had been paid
to kill both men and ne Cox found him
lying in wait for them He said the money
paid Ryan was in New York exchange
made by Llewellyn. Fall stated that he
could not find the letters, but could pro
Guce the check and bring Cox here TO tes-
The defense also had ]. E Wharton, ex-
District Attorney of Lincoln County. and
others to show that Fountain had not
prosecuted Lee, which point the prosecu-
ton claimed 5 the reason for the murder
The last witness for the defense had a
b0mbshell ready for the prosecution on
examination. He was Print Rhodes,
q ranchman. He implicated Major Lew,
blow up his house. On direct eXamlna-
tiOn he said Jose Espellne stated that men
were going to kill Lee and he (wltness)
hurried to warn the intended victim.
''On July II. 1898. a day before the fight
in which Kearney was killed at Lees
ranch witness said on Cross-eXam nina
ton. 'LleWellyn had supper in my house.
In the presence of my. wife he said he
would do anything to do these men, re-
/ ferring to defendants. He had sent run
( ner to town to see if Lee was there with
instructions TO inform the posse when he
/ STARTED out The men were in an adobe
! enclosure waiting to kill him. Pointing 10
a wagon Major LleWeHyn said he had
/ dynamite there. and when he heard Lee
! was at home would go there, invite the
women out and throw dynamite into the
/ house.
The attorneys for the prosecution sat
still while the spectators almost burst
forth in cheers; The defense rested with
out putting Gilliland on the stand and the
prosecution asked for a recess until even
! ing TO prepare for rebuttal.
The greatest excitement since the trial
1 opened prevails at present. At night par
/ ties of men who have regulations as
fighters are seen at all hours strolllng
about as if watching the movements OF
F the opposing side, ready for action. Tes-
timony referring TO various persons may
cause conflict. Last night one OF the
/ prosecution's witnesses persisted in 60
ing about William McNeal's rooms and
was finally sent away with a warning not
/ to come again under severe penalty. Nc
Neal was originally implicated in the
/ Fountain case by the prosecution. The
providers parting last night was:
/ We are not done with you yet
Particularly during the first days after
/ the close of the trial is trouble expected
among visiting rangers. The report that
/ attorneys for the prosecution have given
up hope and attempting to incite riot is
untrue. They. however, publish notices
in the territorial press denouncing all
press dispatches of the trial with no eX-
/ ceptions. The correspondents state that
/ efforts have been made by these attor-
neys and their coworkers to influence anc
I intimidate them.