Kate’s Notes: These two articles pertaining to the infamous murder in New Mexico of Col. Albert Fountain appeared in the Graham Guardian of Safford, Arizona. Much has been written about this case in books such as Murder on the White Sands: The Disappearance of Albert and Henry Fountain by Corey Recko. The trial was a journalistic sensation in papers across the country. Jim Gilliland was one of the men accused of Fountain’s murder (he was eventually acquitted) and an interview with Mary Wright, a niece of Jim Gilliland, can be found in the Gilliland Trails library: http://www.gillilandtrails.org/documents/truewest.pdf
   For more on the Fountain murders, see: http://www.desertusa.com/mag06/mar/murder.html

The Graham Guardian, Safford, Arizona
March 24, 1899

   Oliver Lee and James Gilliland, who are under indictment for the murder of Col. Fountain and his son, surrendered to Judge Parker, at Los Cruces, Monday. Lee has for a long time claimed that he would surrender and stand trial providing he did not have to surrender to Sheriff Garret. He recently sent word to Gov. Otero that if the promise could be made to him that any other officer than Garret should have charge of him he would surrender. As it was much cheaper and fully as satisfactory to have him in charge of another officer than it was to have him at large with Garret chasing him the promise was made. After the surrender Judge Parker appointed Eugene Rhodes and James Simpson of Socorro county as officers to take charge of Lee and Gilliland. It is claimed that the officers have sufficient evidence to convict both these men of this foul murder, and it is to be hoped they may have a speedy trial and a just sentence. --- Lordsburg Liberal.

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The Graham Guardian, Safford, Arizona
June 16, 1899

A POPULAR VERDICT
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Lee and Gilliland did not Kill Fountain’s Son.

   Hillsboro, (N. M.,) June 12 -- Oliver Lee and James Gilliland were acquitted of the murder of Henry Fountain, the son of Col. A. T. Fountain, shortly after midnight. The jury was closeted but seven minutes.
   At the conclusion of Judge Fall’s argument for the defense the audience gave vent to their feelings in deafening applause. Judge Parker administered a severe lecture.
   H. B. Bates delivered the closing argument and the case went to the jury before midnight. Some of the jurors had given orders to have their horses ready by midnight, intending to start home by that time. Attorney Dougherty referred to one of the witnesses as a perjurer and one who did not in this trial remember whether he was telling the truth or not.
   Maj. W. H. H. Lleyellyn received much attention, being charcaterized as “a would be assassin.”
   People of this section are unanimous in the belief that the ccase is one of persecution prompted by political prejudice. W. W. Cox, a ranchman of Dana Ana county, who associated with Llewllyn in the efforts to connect Lee with the Fountain murder, was in the courtroom to-night. He said he had been convinced of the innocence of Lee and Gilliland in this trial, and had spent over $10,000 to assist in their defense.

-- transcriptions by Kate Maynard, 2010.