The record-union., 1899-06-07
A Motion Of Defense to Instruct the Jury
toAcquit Denied by the Court.
Ex-United States Senator b. f.
Harding Stricken With Paraly-
sis and Not Expected to Recover
Was Elected to Fill Out the
Vacancy Caused by the Death
Of Colonel E. d. Baker.

H1LLSBORO On. ND, June O.-PFO-
found interest in the Fountain murder
case was manifest to-day when Major
w. H. H. Llewellyn appeared for
cross-examination by his political enc
mics. Witness had a bad memory,
which he attributed to illness. He
gave negative answers to questions as
TO his connection with plots to murder
Attorney Fall and Oliver Lee. He ad-
mitted that he had employed detectives
after turning the case over to the Sher-
iff. He stated that the stenographic
record of his former statements in some
particulars was erroneous, and made
some corrections.
Falls first question was: you tes-
titled twice that the track in Los Cruces
was not the same as any of the three
near the blood?''
He did not" interposed Attorney
Catron.
When you state that you say DELHI
erateqy and wilfully what you know is
false" said Fall
You are seeking to post your wit
ness
Catron then addressed the court, and
continued to state what the witness had
said yesterday.
Now you have posted the witness as
you intended said Fail. LAS to my
language, I will apologize to the court.
but not to you, SIR
Reference to the record was passed
temporarily.
Witness said: Several measure
ments We're taken of horse and boot
tracks and kept in my office, but
don't know where they are now
During a legal tilt Attorney Fall said ::
Eve propose to show that it was not
the original intention to prosecute the
defendants. but that they were after
me; wanted to accuse me, but got in
this and can't get out"
When the court refused to allow the
defense to ask Major Llewellyn this
afternoon who prosecuted the Govern
ment's suit against him while he was
Indian Agent at the Mescalero reserva-
ton, Albert Fountain, eldest son of
the murdered man, was recalled. He
said that his was the first party to
find blood and in his excitement he
thought ne recognized his fathers boot
track near the blood soaked spot, but
was probably mistaken. Some of the
men measured the tracks for future ref
erence. This was the last of the evil
dence for the prosecution The meas
"a CHicHtS VI tIdthS several WlueSS0S
had mentioned had not been produced
Attorney Childers, for the prosecution.
asked to make statement and was
sworn in order to be cross-examina I'd. He
explained that the last heard of the
measurements they were in a box in an
office at Los Cruces. On cross-exam-
ination he said he did not remember
why the measurements were not pro-
duced at McNew's preliminary trial
Attorney Barnes then explained that
he had been directed by the possessor
of the measurements to find them in a
box with other papers concerning the
Fountain case, but they were not there
The prosecution then announced that
the case was in.
The defense moved that the court in
struct the jury to find verdict Of not
guilty
Attorney Daugherty stated that the
controlling feature was the bloody find,
and no evidence showed this was hui
man blood and it was not found with
in week after Colonel Fountains dis
appearance.
The Judge refused to hear argument,
and said he could not entertain the mo-
ton He might do so if it was the
last chance. but not under present con-
d tons. The defense asked an adjourn
ment, saying they had much good evil
dence not considered necessary. and it
is to save time by conference this
evening on what to use.