Albuquerque daily citizen. [volume] (Albuquerque, N.M.) 1895-1903, 1899-06-01
FOUNTAIN MURDER.
John Maxwell One Of the Prin.
cipal Witnesses To-Day.
Thinks He Saw Defendants Near
Scene Of the Murder.
James Gould and Riley Baker Give
Damaging Testimony.
SOME SENSATIONS PROMISED.

Ilillsboro, n. NJ, June I. - John Max
we'll WAS brought here under attachment
10 testify In the trial Of Lee and GILL;
land. charged with the murder Of Col. A.
j. Fountain and son. He told OF seeing
two men. whom he believed TO be the de-
PENDANTS, In the vicinity of the scene Of
the murder about that time.
On cross.exsminstion 1t was shown
that Maxwell had given testimony OF a
different character ut the habsas corpus
trial.
Max we'll said he had o contract with
Charles Perry. an ex.sherif OF Chaves
county, by which he was to receive ~
900 for evidences to convict the Fountain
murderers. He denied that he said he
could clear Lee and GilIilani.
In attempting to show enmity for Lee
and Gilliland on the part Of the wit
nesses being used by the prosecution, the
attorneys in ths Cross -exami nation to-
day are reIurrecting incidents Of several
Old feuds. which the prisoners are said to
have participated in. They promised
that before ,hs trial concludes numerous
killings will be brought up to impssch
the witnesses, some Of which have here
tofore been unattended by any srrests.
James bould. a cowboy, distsntly re-
lated TO 6illiland by marriage, began the
testimony, saying the latter had come TO
McNew's honse the night before the mur-
der ana got soms cartridges and ran
away, saying to tell inquirers that he
had gone to Roswell. but really going
north in the direction OF Dog canyon,
where blood later was found.
About week later McNew aud Gill;
land came back together and told OF A
J. fountain. Jr.. trailing his father
They said he had come to Lees ranch,
and while Mt dinner swore dire venge
ance on the fathers murderers.
"Lster had a talk with Gilliland. and
hs sad Col. Fountain applying u vile
name) came from Texas In a chicken
COOP"
Said the witness: "9illiland said the
deceased raised up hades every ywhers hs
went. but would not do 80 again. Ire.
marked he might have needed killing
but not his son. Gilliland then said the
hoy was u half-breed and II was no NOR,
than killing dog"
During the cross-examination the wit
ness said he supposed he was the enemy
Of Gillilsnd and McNew.
Has there been any threatened trou
BILE between your people and (iillilaud',
frieDdsy"
Don't know OF any threats"
"Were you not all we'll armed?"
"Yes, we thought Gillilsnd might rails,
trouble with me and carried irssrml
some time before McNew's preliminarJ
hearing
Riley Baker, former deputy sheriff
In the Sacramento mountains, who mar
ried a sister OF Mrs. Gilliland, told o.
Gillilsnd having shown him a point OF
the mountains from which Lee, McNev
and Gilliland watched with glasses tn,
movements OF the Fountain trailing
posse ten miles away.
"When deprecated the killing OF th,
child, Gilliland said he thought 1t (th,
child little better than u dog"
Said the witness: He said II tn,
bodies OF Col. Fountain and son had (,
be found before any one was convicted
no one would be convicted. Later he ssit
things had been more quiet since ole
Fountains disappearance.
'On election day in the spring OF 1897
WAS ON the top of the house at Alamo
gordO with others, all armed, waiting
the capture OF Lee and Gillilsnd"
The witness said on cross,examina
tion: Il was then an officer, and had
warrant charging them with the Foun
tain murder | made portfolios In tn
psrapet have always been friendl
with Gilliland."
'Did yon not propose TO Jake Gould Ii
April, 1897, that you would go to hous
In the mountains and kill Gilliland an
McNew, and Jake was TO swear you on
OF 1t. and were You not held up b
McNew in Grapevine canyon and ordere,
to explain following his trsil?"
Nothing OF that kind happened. W
ware after a pack OF wolves. | toll
McNew this and had no such converse
tlol a. detailed with reference to tn
killing OF McNew and Gillilsnd."
Witness denied that he was to be pai
OK rs for killing Lee.