El Paso daily herald. (El Paso, Tex.) 1881-1901, 1899-06-02
JACK MAXWELL
ON THE STAND
Was an Unwilling Witness
for the Territory
TOLD OF A CONTRACT

| j
TOLD OF A CONTRACT
Between Him and Pat Garrett, Where
by he was to Receive $1,000 for his
Evidence.-Jack Fountain Said he
Saw No Child's Footprints Around
the Camp Fire.
Special Correspondence of the HERALD.
Ell Paso HERALD Bureau, Hillsboro,
N. M, May 20, via Lake Valley, June
ll.-Early this morning Jack Maxwell
who was brought in last night by Ben
Williams was called to the stand by the
prosecution.
Maxwell was found in iOtero county
by one of Curry's deputies. He had
been i'll at his home in Three Rivers.
| Witness said:
| 81 have known Oliver Lee when 1
see him for five or six years and Mr..
Gillilapd about the same length of
time. My ranch is not very far from
Lees. On February l, 1896, L was at
| Dog canon ranch and spent the night
| th-re. l got there just before shutdown.
When 1 got there I found Mrs. Lee,
Mr.. Blevins, Mr.. Bailey and Ed, the
colored man. l ate supper there that
night and slept in the house with Mr..
Blevins.
What time did you get up Sunday
morning?
AT snn up and 1 ate breakfast. with
Mr.. Blevi and others.
| Di1 you see either of these defen-
dauts there fer breakfast?
Nos.
WHAT did you do that day?
1 stayed down at the corral.
Saw four persons mounted on two
horses coming from the northeast to-
ward the house. They came within
200 yards of me and .dismounted.
Who were these people?
1 took them to be Mr.. Lee, Mr.. Gill
liland, Mr.. McNew and negro Ed.
SLEPT OUTSIDE.
II ate dinner there that day with
Lee, McNew: and Gilliland and supper
that night. I think sMr. Blevins was
not there at dinner, but returned to
supper.
slept that night with McNew. Lee
and Giililand took their bedding and
went outside to sleep. The, Ihad their
ordinary arms with them.
Sunday at dinner Lee and Gilliland |
wore their pistols, but can't say that
they bad them on at supper. I went |
away Monday but came back Monday |
night and slept with McNew. Am
not positive that Lee and Gillilsnd
went outside with their bedding that |
night or not.
My. horseI and two others were in
the corral. The two belonged to the |
ranch. think: One was roam and
the other bay. Those were the two I
horses which the four men rode up to
the ranch on. 1 do not know what time
the horses left the ranch.
Tuesday morning 1 went to the
pasture, mile from the house, to get
my horse. There were five or six other
horses there butI disremember ex-
sctly.
The other horses looked like thew
lad been used lately and had been used
hard.
Did some of them attract your attep-
ion more than others?
L don't know that they did. think
here was two roam horses and one bay
q the bunch. ALI the horses looked
ike they had been rode, judging from
ne sweatmarks and saddle marks, but
can't say how much.
DID you not testify in the McNew
preliminary before Judge Parker at
las Cruces. 9
Yes, sir.
Did you not then testify as follows?
and the attorney began to read from +
be Transcript. :
Judge Fall objected, but the court
the objection and the at =
orney noted an exception. s
"Well," began Mr. Childress. ssvou I
'stlhed before that two of the horses q
ad been ridden harder than the 9TH 4
re-. Which horses were these?
dom It remember. =,
Witness had forgotten many of the
ater1al points concerning which he h
,stitied at the preliminary and Mr.. +,
hlldress tried hard to bring the evil
snce out, about the faded horses. but G
as hardly successful. Defense object a.
to reading from the transcript. al -,
R1ng that the prosecution were try Ii
to contradict their own witness.
Dlo you see any cattle near Lees n
ellis? u
Y es cir, about two hundred or more. g.
CROSS EXAMINED.
Gross examined by Judge Fall.) &C
Mr.. Maxwell, when you testified at ~
e preliminary examination, you tes- az
led practically the same things about ~
ing to Lees ranch that you have
W, except as to dates?
Y es, sir.
When you left for Las Cruces after
3 preliminary where did you 90? ii,
left there on the train for Colorado
rings and went to work for the Ain an
, cattle company. 1 left Las Cruces r,
the train with Mr.. Childress. He vo
"a my fare and got me a job. w
Did Mr.. Childress say anything to -
about your life being in danger If
u went back to Otero county? Did a
not tell Bud Smith after you got in
tx that Mr.. Childress had told YOU co,
mad better go away as defendants tn,
their friends would kill you? al
objected by prosecution and over ev
ed. oy
Witness then answered yes. u
GU were at Silver City when the
AVG" Saso was c6lleQ. LID you have ina