The Trial of Oliver Lee

Frances E. Totty 	Nov 17, 1938   Words 950

Source: H.F. Chaves 	NOV [??] 

The Trial of Oliver Lee for the Murder of Col. Fountaine 

In 1901 a jury was selected in Hillsboro, Sierra County, New Mexico to hear 
the case of Oliver Lee, Bob Railey, and Jim Gillon for the murder of Colonel-. 
Fountaine who was murdered February 1896 by three unknown men, the above three 
were tried on circumstancial evidence. 

The members of the jury that I remember were: Martin Lumin, President, Johnie 
May, Secretary, H.F. Chafez, interpeter, and Sam Bernard, I do not [?] 
remember the names of the others on the jury. 

The case was changed from Las Cruces, Dona Ana County, New Mexico as the 
feeling ran very much against the men who was being tried as Colonel -.-. 
[Fountaines?] was a man [that?] was highly respected in Las Cruces. 

The case as I heard [it?] was as following; 

Colonel Fountaine in January of 1896 was called to Lincoln, County as 
Prosecuting Attorney, to the case of trying some cattle rustlers, who had been 
jailed at that place. Before Col. Fountaine left Las Cruces, he was warned to 
not take the case as it seemed that such men as Oliver Lee, an important 
cattle man of New Mexico, A.B. Falls a mine operator and cattle man, did not 
wish the case to be tried. Why? We were never able to uncover this fact. 
Oliver Lee served in later as a representative from, ------ county and is still 
considered a leading cattle man in New Mexico, now living at------- New 
Mexico. C. 15 N. Mex.

When Colonel Fountaine started for Lincoln, County his wife ----(Morales) 
Fountaine, who was raised as far as I know in Old Mesilla, Done Ana County, 
requested the Colonel to take their son, Henry, age nine with him to Lincoln 
in hopes that whoever was threating the 

{Begin page no. 2}

Colonel would not bother him if he had the child with him. 

On the return trip from Lincoln, Colonel Fountaine met Satterona Barela, mail 
carrier, from [Tulsaessa?], that he was being followed, but he didn't have an 
idea who it was, and after Sattarona Barela went on his route he [saw?] 
several men, who appeared to be cow boys coming, but they turned out of the 
road before they met the carrier and went around him coming back into the road 
a mile [or?] so farther on down the road [?] there by providing that they did 
not wish to be recognized.

Colonel Fountaine was killed between San Augustine and [Agua Blanca?], at 
least that was where his buckboard was found by a posse when the Colonel did 
not return at the time that [was?] set for his return, his wife became worried 
and sent out an alarm that the Attorney had not returned. The buckboard was 
found, and the foot prints of men around it where the horses had been 
unhitched, the bodies tied on the horses and these horses were followed by 
three other mounted horses. These horses went toward the [Sacoremento?] 
Mountains, but they could not be [trailed?] successfully so the bodies were 
never found. 

Soon after the death of the Colonel a warrant was made out for the arrest of 
Oliver Lee, who disappered and was not heard of for over a year. In 189- 
Oliver Lee came to Las Cruces and gave himself up. 

As there [wasn't?] anything but circumstancial evidence we could not find the 
men guilty even though the Grand Jury indicted the above mentioned men. It was 
[known?] that there was hard feelings between the parties, but there was not 
enough evidence to make a real cage. A.B. Falls was drawn into the case many 
believing that Mr Falls had the murder done, but this was another thing that 
was only belief. [Nashy?] said that Mr Falls committed the deed, but this was 
impossible as Mr Falls proved that he left Gold Dust, thirty-five miles from 
Las Cruces

{Begin page no. 3}

and went Las Cruces on the day that Colonel Fountaine was killed, [therefore?] 
it would have been impossible for him to be on the other side of San Augustine 
in the Organ Mountains. 

It has always been hard for me to believe that Oliver Lee could have had 
anything to have done with the murder, but for the other men [they were?] the 
type. Men that were gun men that lived the life of outlaws. 

Colonel Fountaine was from Texas, and I understand he was at one time a 
political leader in the state. He was recognized as a brilliant man and a 
leader in Las Cruces. 

--------------------------------------------------------------------- H.F. 
Chavez, age 60 was born in Santa Fe, New Mexico His father Manuel Chavez came 
to Santa Fe, N.M. from Louisana, the family having settled in the Louisana 
Territory many years ago. When H.F. Chavez was a young boy his parents moved 
to Las Cruces. 

Credit: Library of Congress, Manuscript Division, WPA Federal Writers' Project 
Collection.

Sierra, Dona Ana

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