The record-union., 1899-06-08
Proceedings. in the Fountain Case
Are Quite Interesting.
Scenes In the Court on the Opening Of the
Defense Quite Animated.
Testimony introduced to the Effect
That the Defendants Were
Many Miles Distant From the
Scene Of the Tragedy on the Day
Of the Murder.

HILLSBORO On. NJ, June 7.-Collo-
quies between attorneys as the result
of remarks Of Attorney Catron, taken
as personal by the defense and numer-
Gus objections by Catron to evidence.
made the opening of the defense de-
cidedly animated. The Court intimat'
ed contempt proceedings if it was re-
peated.
George Curry, former Speaker of the
Territorial House of representatives.
and Captain of the First United States
Volunteer Cavalry (Roosevelt's Rough
Riders), was called first but objection
to the most important part of his evil
dence was sustained 1t was that while
acting as agent of Governor Otero III
the Fountain investigation, confession
was obtained from "Slick" Miller that
he and two others, not the defendants.
had planned the Fountain and three
other murders. Witness told of a con-
versation with Jack Maxwell, who said
he was with Lee, Gilliland and McNew
at Lees ranch the night of Fountain S
murder Cross examination brought out
an Indebtedness of witness to Lee, but
this had not been mentioned by the
latter. Bud Smith, who was Maxwell s
former employer, said Maxwell had told
him the same thing. Joe Morgan, a
wealthy stock grower, saw the defend
ants at Lee Dog Canyon ranch the day
of the murder. Several attempts to
impeach the witness failed, but brought
out some friendship and business rela-
tions of the witness and defendants.
Maxwell was used by the prosecution
after being brought in under attach
ment and is yet held in custody.
The defense this afternoon introduced
testimony to the effect that the de-
PENDANTS up to shutdown on the day of
the murders were sixty miles from the
scene of the murders. 1t was testified
by witnesses, who were not shaken by
discrimination, that the tracks
said to have been measured at Colonel
Fountains last camps We're made by
searchers who arrived before Llewellyn
and others who claim to have made
measurements.
Tom Tucker, Lees foreman, who
summoned Governor Thornton and as
sisted in the investigation of the Fount-
ain murder, shod Lees horses, and says
he could recognize the trail He will
be asked to do this later
Attorney Catron examined the wit
ness as to several fights in which ne
had engaged. He admitted having
killed several men, but claimed it 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 a gang of eighteen
men, killing John Goode.
Paublino Balcorte, Pedro. Gonzales
and Jacob Chaves testified they were
members of the searching party that
first reached Fountains blackboard
after the murder. Only Albert Fount,
ain had been there. He left a note for
his brother to follow his trail. These
witnesses say there were no tracks save
where horses had been unhitched, and
small tracks which some thought were
those of a deer and some of a child S
heel. Gonzales wore high-heeled cow
boy boots, and before Llewellyn's party
had arrived the sand was well tram
pied. This party trailed Albert Fount-
ain, returned in few hours, and fourd
Llewellyn'S party there and Brannigaf
measuring some tracks. Chayes be-
1ieved one track they saw measured
was his own or Gonzales.
A. n. Bailey, an employe of Lee, tes-
titled that he was at Dog Canyon ranch
sixty miles from the scene of the MUIR
der, on February LIST, when the MUIR