El Paso daily herald. (El Paso, Tex.) 1881-1901, 1899-06-03

ma Ana country and did you not answer
| then that you had been guilty of no in
famous offense?
OBJECTED by prosecution and sus-
You have been an enemy sofsMcNew
for years, haven't you?
No. sir. t
On a trip.up to Ell Paso you said that
you Ewould kill that Mo-
New and your brother would swear
cut of it? That you would kill Gill;
land if he did not quit running with
McNew?
No, sir.
FRANK WAYNE.
Frank Wayne lives in the Sacra-
mento mountains 25 miles distant from
Lees ranch. Was at Lees ranch at
Dog Canyon before or about Feb. /,
1896, looking for pony.
"When 1 left there" said the wit
ness. ''Mr. Lee rode out with my broth
er about two miles. when he went to
start back he said, you boys say moth
ing about what you saw here, as it
might interfere with some of our
plsns.''
Witness was excused without cross
examination.
c. S. LUSK.
G. S, Lusk, of Weed, q merchant of
Otero county, New Mexico, next testi-
fed. Witness, while deputy sheriff,
took William McNew to Las Cruces in
January, 1886, where he gave bond to
appear and answer to an Indictment
| found against him at the January term.
Did you have any conversation with
McNew while on the way to Las Cru
ces?
| Objected to by Judge Fall on the
grounds that McNew was not on trial.
| Prosecution argued that there was q
| Sniraau md hot oil def
stood together and that a conviction or
acq uittal Of one meant all.
| Objection sustained and after witness
had told of attending term OF the
Lincoln county court where Fountain
was engaged in prosecuting alleged
cattle thieves, be was excused.
-.. E.. PAT GARRETT.
| There was crsning of necks and an
audible 10 urmur among the spectators
when Pat Garrett, the tall slayer of
BILLY the Kid" strobe into the court
room after his name had been called
and took his seat on the witness stand.
Witness after statisg that be resides
at Las Cruces and is sheriff of DOpa
Ana county said that he lived in Texas
until March 20, 1896, and did no, be-
come acquainted with defendants until
after that date; also knew Col. Albert
j. Fountain.
Witness visited the chalk hill in
March 1896 to investigate the disap-
pearance. Major Van Patton, E. E.
| Banner, and others were with him.
81 judged that man had been kill
ed there, said the witness, "The pool
was probably IL or Is inches across. [
became sheriff of Dona Ana county in
the summer of 1896 and have been
such ever since. 1 bad a warrant for
Lee and Gillilaud 1898 aud made sew
/ q - l,,A
jected, got the two together at one
time, but they resisted and killed
Kearney, my deputy. 1 made several
| other scouting trips nto the mountains
but failed to find the defendants.
81 also sent various other parties out
to LOOK for the defendants, 81. W.
LOOMS, Riley Baker and others.
FIGHT AT WILDY'S WELLS.
eve went to house at Wlldy's or
Lees wells. We went in room that
we were told was Lees, he was not
| there, but another man aud bis family,
We couldn't find them in the house
they were sleeping outside.
1--WE came back and discovered
them on the roof. After making sew
eral efforts to get word to them to sur
render 1 told the boys that we would
have to crawl up there by means of
ladder and call on them to surrender.
KEARNEY SHOT FIRST.
Mr.. Lee and Mr. Kearney shot at
about the same time, but Mr.. Kearney
shot first and Mr.. Kearney was mortal
ly wounded.
Lee and Gilliland:gsve themselves
up in March of this year. They came
from the north, SO I'm informed. I
didn't see them.
THE MAXWELL CONTRACT.
know Jack Maxwell: first saw him
March 6, 1896.
l made written contract with him
TO furnish the evidence for the convic- |
tion of the Fountain murderers. The
contract is in the possession of Mrs. |
Cree of Lincoln county being held for |
Maxwell.
Witness produced copy of the or
iginal contract which was presented to
the jury. 1t is as follows:
Tularosa, n. NJ, March 26, 1896.
This is to certify, that we, the under
signed, agree TO pay John Maxwell two |
thousand dollars $4,000 in case he gives |
US Information that will lead to the |
arrest and conviction of murderers of
Col. A J. Fountain and son, the said |
$1,000 to be due as soon as the convic-
tion is had.
Signed.
z. F. Garrett, G. G. Perry.
''Was there any other purpose or i'd ca |
intended to be conveyed than that ex-
pressed in the ontract.?''
Objected by defense on the ground |
that the contract spoke for itself. Sus-
tanned and the witness was passed to |
the attorneys for the defense.
Court adjourned until morning.
SNEED.
Take your best girl to the Firemen's |