The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1899-06-09
AFRIGHTFUL BLUNDER
ALIBI Is STRENGTHENED
BY Testimony OF the Defense in the
Fountain Yin rher TrinI

HillsborO. y. NJ, June S.-The defense
| strengthened its abb this morning Wien
| Albert Blevin. a Texas and Pacific rail-
road fireman. who worked ne4- Deg
| Canon. testified that he was With Lee and
| Gilliland at Lees ranch, sixty miles fIom
the murder scene at the very time "clo-el
Fountain and his son were said 20 have
been murdered. Blevin arrived there at .
p. m. Saturday, February / and roma red
until Monday. Maxwell was also ,hele
Blevin also said that the cattle which the
prosecution claimed had been used 20 OBJ
,iterate trails were under contract % lie
delivered and that Lee was with him the
da ythey met the herd. He refutel state
'ments of suspicious actions in the pres
ence of the searchers The prosecution
held the witness nearly three hours vain
ly trying to confuse him. The defense
discharged half Of its witnesses. consider
ing it unnecessary to introduce their testi-
mony.
Mrs. Lee the widowed mother Of the de-
PENDANT Lee told straightforward story
Of the presence of her son at home at the
time Colonel Fountain and his son are
supposed TO have been murdered. Oliver
Lee repeated the defense's story of his
whereabouts at that time and said he first
heard that he was suspected several days
later. He then went to Las Cruces and
found a warrant had been issued An
extra issue Of Las Cruces paper sug-
gested mob law and openly accused him OF
the Fountain murder. He learned that
posse was searching for him and that
among its members was Ben Williams.
who was said TO have a mania for murder,
ond others known to be his enemies. Then
he returned to his ranch
The prosecution objected 10 the introduc-
ton of the newspaper az evidence. In the
argument Attorney Fan said he could
point to the man who wrote the article. end
he was no the editor. The prosecution
conterded that newspapers editori1ls are
simply statements of editors. and not pub
lie opinion. The court admitted the com
ments out not statements Of alleged facts.
Continuing. the witness said that. fear,rE
the officers would kill him with war
rant as an excuse. he hurried home. but
visited Las Cruces several times afte-ward
and learned the warrant had been with
drawn. The matter was especially rife at
election time. When the last warrant was
issued he did not surrender, he-aue II
more talk and Of information hat c,' tam
men had said they would deal him y.o-
le-ce il n came I'm. Subsequently he
agreed with Judge Parker who IS now
irving the case To surrender IN coalition
that he be not committed TO jail. and
did So
Regarding the killing of Deputy Kear-
neg last july he said re slept on the roof
because he feared he would be killed By
Threatening parties q vas fred uDon
when asleep" said the witness. "eKarney
fired twice and Garrett also fred before I
fred beard no command n hands 20.
5ut Garrett was talking while shooting
ki}le5 Kearuev. 7 took care ~ him and
made him comfortable A. possible while
dyl-g. made Garrett's party ri1e asay.
but agreed 20 surrender on condition that
be 17u.6 eel the truth. 7 was waiting
for new sheriff in DoHa Ana county be-
fore ss--eude-i1z. We were a, Dog Canon
almost every day after Fountains dirap-
pea-ance and no one sought ~ there
Lee was ='i-I Oh che stand when q re-
cess xa-= taken u-til evening.