The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1899-06-08
WITNESSES TO-
PROVE AN AL|B|
Defense of the Alleged
Slayers of Fountain.
Special Dispatch to The Call.

H1LLSBORO n. Mex. June 7.-Collo-
quies between attorneys as the result of
the remarks of Attorney Catron taken
as personal by the defense and numerous
objections by Catron to the evidence made
the opening of the defense of Lee and
Gilliland, charged with numbering the
Fountains, decidedly animated. The court
intimated contempt proceedings il it was
repeated.
George Curry, former Speaker of the Terri
torial House Of Representatives and captain
of the First United States Volunteer Cavalry.
Roosevelts Rough Riders, was called first,
but objection 10 the most important part of
his evidence was sustained. 1t that while
acting as agent of Governor Otero in the
Fountain investigation. a confession was OBJ
tanned from Slick Miller that he and two
others, not the defendants, had planned the
Fountain and three other murders. Witness
told Of a conversation with Jack Maxwell,
who said he was with Lee, Gilliland and Nc
New at Lees ranch the night Of Fountain :
murder. Cross-eXamination brought out in
debtedness Of witness to Lee but this had not
who was MaXwelIs former employer, said
Maxwell had told him the thing.
Joe Morgan, wealthy stockgrower, saw the
defendants at Lees Dog Canyon ranch the day
Of the murder. Several attempts to impeach
the witnesses failed, but brought out some
friendship and business relations OF the wit
nesses and defendants Maxwell used by
the prosecution after being brought in under at
tachment and is yet held in custody.
The defense this afternoon introduced testi-
mony to the effect that the defendants up to
shutdown the day of the murders were
sixty miles from the scene of the murder
1t was testified by witnesses. who were not
shaken by cross examination, that the tracks
said to have been measured Colonel Foun-
taln.s last camps were made by searchers who
claim TO have made measurements.
Tom Tucker, Lees foreman, who sum
moned by Governor Thornton and assisted in
the investigation OF the Fountain murder, shod
Lees horse and says he could recognize the
trail He will be asked to do this later.
Attorney Catron examined the witness as to
several fights in which he had engaged. He
admitted having killed several men, but
claimed IL was done in self-defense against
great odds or while he was an officer In one
case. witness and Lee, with three Others faced
and routed gang of eighteen men, killing
Paublino Balcorte, Pedro Gonzales and Jacob
Chaves testified that they were members of
tain blackboard after the murder. Only Al
bert Fountain had been there. He left a note
for his brother to follow his trail. These wit
nesses say there were no tracks where
horses had been unhitched and small tracks
which some thought were those of a deer and
some of a chids heel. Gonzales wore high
heeed cowboy boots and before Lewellyn'
party had arrived the sand was we'll trampled
This party trailed Albert Fountain. returned
in a few hours, and found Lewellyn's party
there, and Branngan measuring some tracks
Chaves believed one track they saw measured
his own or Gonzales.
A. n Bailey, an employee of Lee testified
he at Dog Canyon Ranch, sixty miles east
from the scene OF the murder, on FEBRUARY l.
when the murders committed, and the
defendants were with him.
Joe Fitchett testified he at Dog Canyon
on the day of the murder, and saw Lee riding
off to the east at p He armed
men at Wildly Wells ranch February 6. De
tectiVe Clausen testified he had seen
| Dan Fitchett testified he had a contract t.
deliver a herd of cattle and the cattle which
it had been claimed, were used to obliteratt
the trail Llewellyns party was following were
those driven by him He had seen Lee, Gill.
land and McNew at Dog Canyon near sundowr
| February l.