El Paso daily herald. (El Paso, Tex.) 1881-1901, 1899-06-01

While witness was being questioned
by prosecution in regard to the tracks,
the defense frequently objected to the
questions as leading.
Witness told of the trail being fol-
lowed to the camp fire where the sup
posed murderers or kidnappers had
spent the night and described the
tracks there. The posse was led by
Major Llewellyn. of Rough Rider
fame, and followed the trail until it was
obliterated by man driving a herd of
cattle across it.
Cross exsmined;+Howm many of you
got off your horses at the blackboard?
Two of US.
Did you walk round the blackboard?
Yes.
You found some shawls there didn't
you?
Yes.
Did you take them back to Mr.. Four
tain and show them to him?
No, sir.
Did you ride all round the buck
board?
Went all round it on foot.
Are you positive of this?
And you saw there three tracks, so
that you could distinguish the differ
ence between them.
Yes.
You say that the horses which went
over the pass were not shod?
don't know.
Who was the trailer?
/ was one of them.
You were one of the trailers and yet
didn't pay enough attention to know
whether the horses were shod or not!
EUGENE VAN PATTON.
Major Eugene Van Patton testified
AlA l.
1896 aud was acquainted with the
Fountains at the time of their disap-
pearance. He went out with q search
ing party about that time to look for
the Fountains.
"Among other things,'' said the wit
ness, 81 found pool of blood on the
ground 424 PAGES south of Chalk Hill
on the main road near where Foun-
tain's uckboard left the road. 1 also
found five and ten cent piece. The
pool of blood was in one of the roads of
the cut off. 1t was or s inches deep
and twice or three times rs large as
spittoon," he said pointing to a court
room cuspidor.
''The blood had spattered around for
a distance of six feet. The pool looked
as if blanket had been drawn through
"Hold on there" exclaim ed the three
attorneys for the defense in chorus.
Don't go any further, that kind of
evidence is not admissi ble."
Gentlemen" said his honor, dryly,
elf you have any objections to make,
make them to the court. That mode
of procedure will not be tolerated long
err"
I'VE understand your honor and in
tend to make them to the court"
said Mr.. Fall, "but our intention was
to stop this ready witness before he
could place Incompetent evidence be-
fore the jury
The court ruled the testimony about
the blanket out and then the witness
proceeded to tell about the finding of ]
the abandoned buck board, and a map l
was exhibited to the jury to aid them
in locating trails, etc.
Near the buck boards" said the
witness, 81 found several human tracks
aud prints of knees behind bush and
several empty shells.
81 followed the trsil of the horses
and found Fountains gray horse. The
trail led me through camp occupied
by several men. |
Did you examine carefully the trail |
OF the blackboard leading from the
Chalk hill?
I did sir; It showed that there were
three horses. Two pulling the vehicle
and one tethered behind it. l followed
the trail of seven horsemen from the
Chalk hill until they overlook and sur
the buckbard. The tracks
indicated that the horses were trot-
bing.
Did Col. Fountain have a Winches-
ter?
When he left Las Cruces he did. It'll
either Al or 40 calibre.
Did you go back to this spot where
the blood was found?
1 did. and got up some of the sand
and gave it to Governor Thornton. II
had some of the hair from the side of
the gray horse shaved off and sent it to
Gov. Thornton. 1t was soaked with
blood.
What was the condition of that grsy
horse when you found him?
him. The stains were on his left side
back, but it was not a bleeding sore.
Did you see any indications of any
body having been on the ground near
the pool of blood?
OBJECTED to by defense and sustain
ed.)
[Cross examined by Mr.. FALL
You testified in the preliminary
hearing of McNew, didn't you?
Yes. sir.
Did you read over your evidence?
Yes, sir.
You haven't repeated it to the jury as
you told it there, have you?
I've told it as near as / could about
what happened.
Judge Fall went over and stood dir