El Paso daily herald. (El Paso, Tex.) 1881-1901, 1899-06-15

1t must be Fountains. We do moi
have to show any such thing. We dc
not need to show that every splotch Of
blood along pubic road does not
come from Col. Fountains body. What
have we to do with spots OF blood alon g
a road? They must show that it does
come from Col. Fountain, if they want
to prove him dead. Have they shown
any such thing?
You have no further to go than
this: They bring an expert to testify
that certain blood was human blood.
They assert that that blood was Col.
Fountains. They say from this that
and they ask you to hang Oliver Lee
and James Gilliland for his murder.
There is what thew call their Gaze.
Does it convince you?
Whatever you may think as to
posi- Die motive for killing Col. Foun-
tain, there could have been no motive
for Killing that little boy. 1t is silly
to assume that Lee and Gilliland
would think that by killing this man
further prosecution, If they were in
deed guilty of anything. Did all JUS
tice and law in the territory OF New
Mexico depend, then, on Col. Fountain?
1t is abs urd.
1.-THE prosecution attacked our wit
ness Tom Tucker savsgely. What
has Tom Tucker done? He has never
been convicted of an infamous crime.
He has been an officer of the law
large part of the time and has q most
honorable record. But the leading
counsel for the prosecution (Mr.
Catron) attacked him and tried to dis
credit him before you. L have heard
of men high in the territory who have
been accused of grave crimes but the
fact OF an accusation is not necessarily
against any man. 1t ought only make
these men the more careful when they
undertake to question witnesses on the
witness stand.
THE prosecution want to know why
we do not bring on the stand the two
men and a woman seen on the road by
the mail carrier not far from the place
where Fountain disappeared? Why
do not they put these people on? 1t
is not our business to put them on the
stand. We don't care what went on
along that road or who passed there. |
They must prove their suspicious or
they are absolutely worthless.
"Albert Fountain rises as one OF the |
stars above the mass of untruth in |
this, not prosecution but persecution. !
He comes and tells the truth. What
motive would he have to misstate |
Through him the territory |
itself refuted its own proposition that |
the boy Fountain is dead. AT the |
camp fire there we're dozens Of boy
tracks made by both feet. Fountain
says so. He was the first on the
ground. Will you believe the first
" ho came there after fifteen or twenty
men had tramped around the spot. If
The alleged murderers tried to deceive
With the shoe of the boy why did they
lot do the same with Fountains
'hoes? 1t is silly story. Would the
men not at least have Obliterated
heir own tracks?
'After the agents of the prosecution
lad measured the tracks so carefully
would they not then have simply the
Measurements of certain size OF cow I
oy boot? How many men wear a {
lumber seven or mum Der six or num- {
err eight boot in this territory? And |
ct the only thing they want convic-
ion on is the tracks-comparisOn and
No man saw these
efendants on the road. No one saw ,
hem kill Col. Fountain. No one saw i
hem bear the body away. No one I
certain tracks were measured. Con- {
lotion is demanded. The prosecution {
o not dare to introduce any of those t
in this trial. Level {
IN says the measurements were put in {
package and given to a detective.
he detective-where is he? Gone. s
hey packed up all their case and sent t
! out of the country; that is what it 6
to. We challenge them to
reduce their measurements. They ,
ely on this as their case 70 take the I
YES of two men. They say, when ask !
to produce them, "We have them :
ot." A wonderful chain of disap- {
in this case, to be sure. E
Everything goes to show that the q
in this case had q precon-
sived opinion that these men did the ,
eed, and they did all they could to
.sten it on them. They did not show t
hey made no effort to find out the real
-iminals. 6
Evan Patton tracked the gray horse 6
nd found it. The others found moth ,
Ig on the face of the earth but tracks '
4 top of house. The other members 7
the posse swore that the gray horse t
ent straight on in an opposite direc- t
on from that in which Van Patton [
und theF animal.
Did Oliver Lee have any motive for t
.sisting arrest? Read the Dopa Ana q
epublican four days after the disap- t
1t says: IF Col. Fountain 8
dead there can be no question as to
hose door the blame lies'' thus in eff b
CT charging Oliver Lee with the p
ime. That posse did not want to ar il
st Lee and bring him in, but they t.
anted to carry his dead body to Las
'uces: that is what they wanted, and p
&c knew that he would have to pro- s
ct himself from violence.
II believe Print Rhodes was telling t
e truth. They say Llewellyn had n
MED Rhodes's statement before and Il
not have to be called in to rebuff n
nodes. Llewellyn did not deny that d
Dry. Llewellyn is in town. He was g
the court room while these men a