El Paso daily herald. (El Paso, Tex.) 1881-1901, 1899-06-02

grapevines with Mrs. Lee and the 9th
er boys were also there at work?
l didn't state it that way.
Did you Or did you not state to thi
man, that Oliver Lee and the other mel
were at the ranch on Saturday and 70,
knew they had nothing to do will
Fountains murder?
No sir.
Did you tell George Curry that yor
were at Dog Canyon ranch Saturday
afternoon and that Lee and Gilliland
were there?
I didn't tell any one that I was there
in the afternoon.
Is it not fact that this is the first
time that you have been able to fix the
day of the week when you got to Dog
Canyon, or when you left there, or the
day of the month?
hadn't thought of the day of the
| month before I got back to Tulaross
and heard of Fountains disappearance.
Then you were mistaken when you
| said that you waited until the mail
came in before you heard abont Foun-
tain?
heard about it in Tularosa.
Judge Fall then read from the evil
dence in the McNew preliminary,
| where the witness said he thought he
went to the ranch on Saturday, but was
| not certain as SO whether it was in
January or February and couldn't fix
| the date. Witness admitted that he
had then said that.
Didn't you write q letter to Jack
Tucker telling him that you would
make good witness for the boys as
you could swear that they we're forty
miles away when Fountain disappear
ed.
Council for prosecution Objected: ar
gument followed and the court said
that the letter should be produced and
| witness asked il he wrote it .Judge Fall
said the letter could not be produced
and the objection WAS over-uled.
CONTRACT WITH GARRETT.
In answer to the question witness
denied having made any such state
ment, although admitting having
written letter.
Has any one ever promised you any
remuneration for the evidence you
should give in this case.
Any what?
"Any pay?" prompted the court.
"No" replied the witness in an injur-
ed tone.
Is it not fact that you made writ
ten contract with Pat Garrett?
Yes, sir.
Is it not fact that the contract was
signed by Pat Garrett and .Chas. Perry
and reAds substantially as follows:"We
the undersigned agree to pay J. W.
Maxwell $1,000 for evidence leading to
the conviction of the Fountain murder
ers. Said $4,000 to be paid upon convic-
ton.
don't know that those were the
words. L was to get $4,000 of the re-
ward.
What were you to do for that $4,000? |
Simply to tell the plain facts of what |
L knew about this case. |
Isn't 1t fact that you told Pat Gar
ret and Mr.. Perry that you knew GER
tain facts and would not swear to them
until they had given you $1,000?
They gave me the contract before 1
told them what 1 knew.
Ii Garrett says to the contrary then
be tells an untruth, does he not?
lOoJected by prosecution, sustained
by COURT
Mr.. Maxwell. before YOU got this
contract did not Mr.. Charles Perry tell
you that you would have to do some
hing to clear yourself?
No he didn't tell me in that way.
Didn't you tell me that Mr.. Perry
old you that unless you gave evidence
ION victing these men you might be
lung yourself?
No, sir.
Where were you born?
In Alabama.
Ihen In answer to questions witness
ala he had lived in Mississippi and six ,
ears in Texas and from there went to
Colorado. Staid in Colorado a short ,
line. Left because times were pretty
ard up there. Then went to Dona ;
ma county where he went bv the :
anne OF Jack Maxwell. Knew Pat
anders, brother of John Sanders of Ell 6
'aso, in the Pan Handle and was q ,
illness for him in a trial. Went bv =
ne name of J. B. Alexander. i.
Why did you change your name =
b en- you went to No Mans land? {
L was ashamed to let people know I .
al ever been In that strip. laugh +
Is it not fact that you stated to Bud >,
NTH at some time before the ex- r
Of McNew, that at the trial =
Fat Saunders you swore to n
mo, sir" answered the witness. in "
g nantly. "
Did you have any conversation with
Gorge Swaggert about this contract?
7 n oont rememoer ever having any.
Didn't you tell him that YOU had Al
ntract for $4,000 for your evidence in re
Is case and that you wanted the mon VI
and didn't give q damn how you got tt
No, sir VI
AFTERNOON SESSION. NJ
. . sa
After the noon recess, cross examina- w
N was resumed by Judge Fall: af
Did you have the following conver-
ton in October, 1897, with Captain or
try, at Tulaross, aud tell him that on
ur evidence would clear Lee: that
u slept with Lee that night?
No, sir.
Did you or did you not in 1896 have ne
conversation with George Swapgart tn
which you told Sim that you had ed
,tract with Fat Garrett for evidence
~ -. gu were 20 give against Lee and Ga
Hand and that Won wanted tho 80. aL,