El Paso daily herald. (El Paso, Tex.) 1881-1901, 1899-06-16

shoes from the horses feet, or tn
shoes may have been pulled off some
where between Lees ranch and La
Cruces. Lee evidently called Joh
Nays atteu tion to the fact that sh
horse had no shoes at that time or VIII.
else should Nav have remembers tina
seemingly trivial fact, for more thai
three years? Is there any doubt tina
| this was the gray horse that seems Il
| be in evidence all through this case
Fountain and bis little boy have
been killed. You must take this ev1d-
ence and consider each point. eacE
track, in detail. Does the evidence
point in a reasonable way to any other
solution to the problem? Would It ap
ply as we'll to any other state of things
than that these men are guilty OF muir
der as charged?
"There is no explanation why Gill
land went to McNew's house for extrs
cartridges and a fresh horse, telling
the people there that he had gone tt
Ros we'll and then going directly to DOG
canon, except that he had plan thai
might be frustrated. The attempt tt
manufacture evidence is the best evid
ence of guilt.
THAT little extra paper never men
toned Lees name, but he at once as
sumed that he was the man referred
to- He called upon the editor and
wanted to know why such articles
were pu blished. Why did he take 1t
upon himself to resent that abuse II he
was not connected with the matter -
he lived ifty-fve miles from there.
Alb, no. 1t was not for any public
reason that be took notice of that ar
ticle, but because the article shot
straight home and hit the mark. He
had not enough control of himself to
stay in hiding, but he was weak enough
to go and give himself away.
"Put all the circumstances together.
IL there a single one but what points to
of this crime? They abducted those
people, spirited them away, and took
their lives. Can you prove by these
anything else? II they
can point to any other state OF things,
then these men are not guilty. But II
they all point one way, IL is your duty
to convict these men.
GIVE have proved that these men
con tinually avoided arrest. They have
to show that they thought
their lives would be in danger If they
to apprehend them. and that it was
safer to stay out of reach until they
could make some agreement to be pro-
sected. Gentlemen, the evidence does
not bear out such q fear. Their con-
;inual avoidance of the officers shows
hat they we're not innocent.
Nobody believes that Judge Fall is
with this crime in any way.
has been said about a
cheme to vindicate Fall and find Lee
lot guilty. We do not make any in !
luendos against Fall nor have we done |
.nything to justify any assertion to the
"Does rot that alleged conspiracy to |,
murder Lee and Fall seem to you to be
'ure nonsense? Do you believe Cox
would be fool enough to 60 into any
cheme with Llewellyn to conspire to
murder Lee and Fall? Do you believe
e would make public evidence of his
wn infamy if he had done so? Why
efense? 1t is q rule of law concern
ng evideu, that every fact shall be 7
established by the best evidence to be
REQUIRED. They put Lee on the stand
D testify as to something Cox told
i'm. Cox was here, why did he not
peak for himself? But they say that
Ie should have brought Cox to
astify. We are not defending our
elves.
lice is swearing for his life and has
very reason to swear falsely. If Oliver
zee knew of all these plots and conspi-
acies against him, why did he not pub
ely denounce their authors. Can you
on bt that the people would have risen
nd denounced the cOnspirators?
Sprint Rhodes's testimony concerning
lewellyn was fatty contradicted by
lewellyn himself and by many other
illnesses. Is it reasonable to believe
1at man like Llewellyn would hunt
p such one as Print Rhodes and tell
or ~P hi H~11 av,l 4.fv
nd infamy?
Garrett said regarding the Kearney
ght that when he looked first toward
he house top, Lee had his gun pointed
nd was preparing to shoot. Lee states
lat when CARROTS posse commenced
ring, he was only half awake and
unched Gilliland to awaken him.
Ono, he didn't. He didn't say any
hing of the kind, Mr.. Catron," said
Judge FalD.
"Well, the facts are in substance as
state them. If these men were not /,
Utility why did they go up on that I
ouse top with guns and cartridges |
nd prepare to fight?
"If these men did not kill Fountain {
Id his boy, who did kill them? If {
lese circumstances do not point to {
lese men as the murderers, where 6
Sc do they point? Explain them If j
ou can. 6
"Now you are to judge upon all the 6
7idence whether these men are to be I
mt back into the country again, leav- ,
y the people to take the same {
lances as they took before, or wheth- e
they are to be punished as the per- {
etrators of this crime. Consider your
IT just as IL some one sacred and dear I
you had been destroyed as this man I
Id this child were destroyed. 1 leave
lis case with you" /
1t was 1890 when Mr.. Catron con- G
uded his address. There was q per- s