El Paso daily herald. (El Paso, Tex.) 1881-1901, 1899-06-12

| j. Bull ana n8Q charge OF 0ls COTr6I.
Lee came into town about q weak or ten
| days after the FOun tain disappearance.
| Lee was riding gray horse with which
he was familiar. Lee left that night
on another horse. The gray horse Was
at the corral for about two weeks, and
witness used him some. The horse
was of medium size, medium-sized foot,
and was not shod.
P. S. FALL TESTIFIES.
At two o'clock court convened after
the noon recess. P. S. Fall wss call
ed.
He lives in Mexico. In 1896 his re-
OF February OF that year he was in
Silver City, wheTe he was deputy dis
trict clerk. Hh was a deputy sheriff
OF Dona ANA county at the same time.
He returned 70 Las Cruces about the
third OF February. He had known
Lee about seven yeart at that time.
He saw Le(e when he returned to Las
Cruces, aTd converted with him with
regard to}the Fountain case. He told
Lee ths4 there were warrants out for
Gllula3d, Jack Tucker and McNew.
Lee, Hom Tucker, and witness went to-
gethAr to the Office of Justice of the
FeSce Valdez was asked who had the
Warrants, and replied that he WAS too
Sdck to tell, to come tomorrow.
The three men then went to District
Attorney Young's office. Mr.. Young
rants and did not know anything OF the
circumstances of the complaint. Young
said he could not advise Lee what to
do. Guadalupe Ascarate and Joe Nor
gan were seen, and it WAS agreed that
posse should go out after McNew
and the other boys. Witness, Morgan.
Tom Tucker, Howard Ellis, and Lee
went together out to Wildy's wells,
about fifty-five miles from Las Cruces.
Neither McNew nor Jack Tucker was
there. They went to Dog Canon and
on the way found McNew and Gill;
land, who came back with them.
At Wildy's wells they found three
special deputies. who had note from
Young to Lee saying that the cases
! against the boys in the Justices court
had been dismissed aud there was no
need to come in. Witness said there
| were about twenty special deputy
sheriffs at that time and that to his
| knowledge there we're none in the
country east of Las Cruces except
those that were with him.
RATHER HARD ON LLEwELLYN.
Print Rhodes was sworn. Rhodes
! lives about ten miles from Cox's ranch
and Is brother-in-law to Lee. Knows
Llewellyn and Jose Espolin. Saw Lee
about July IL. 1898, and Espolin on the
evening Of that day at Cox's ranch.
While witness was there Lee and
Gilliiand rode up to the gate and Es-
| polin went out and shook hands with
them. They left and had been gone
about ten or fifteen minutes when Es-
polin asked witness TO 60 with him to
speak with Lee.
| They broke into gallon after they
| had gone little ways, when Espolin
checked up and said: maybe I'd bet
ter not go.'' Espolin said he knew
me n were going to kill Lee, and he
asked witness to go and tell him to
and told him Espoiin's message.
| Shortly after the Fountain disap-
pesrance witness had talk with w.
II. H. Llewellyn. The latter said
There was nothing he would not stoop
to, to connect Lee with this case, or
words to that effect. THE words were
included by Judge Fall in his question
and were assented to by the witness.)
At that time witness was not related to
Lee by marriage.
| The cross examination by MIR. Chill
ders was mostly devoted to the Level
lyn story. Witness said he had a talk
| with Llewellyn about week or two
after the Fountain disappearance. He
met the latter at his camp sin the
flats"
| IN HIDING.
| Llewellyn said he had been over the
| mountain to see if Oliver Lee WAS in
town. There were five or six fellows
with him and they had put their horses
| inside an adobe wall alongside the
road and had hidden themselves. They
sent q man in town who was to watch
Lee and when Lee started out tn run
ner would come ont ahead of him and
notify the men in hiding. The place
| is known as Organ gap.
"They were to lay there in them
| walls and kill Lee when he came out. :"
| Llewellyn told the witness that he
stayed there q part of the day when
| the runner came out and told them
that Lee had gone out the other way
and was on his way to his ranch.
| "Llewellyn said he wouldn't stop at
! anything to do those fellers. He said
/ his was q settin' there with din
| Mantle in it. If there was any woman
| in there he would invite 'em out IRE
| ferring to Lees house probably
If they didn't come out he would throw
the dynamite in and blow 'em up"
| While witness was at the camp man
! named Fowler said, IF you are going
| to do this job you had better get to IL.
| II not, 1 am going back to town." Wit
ness then went back to his house.
Later on Lllewellyn and the others
came to his house and he gave them
coffee. Llewellyn came inside, and in
the presence of the wife of witness re
4 l. L i 4