Unsolved Murder Mystery in the Tularosa Basin
03-11-2015
Author: in Roadrunner History Buff
About four and one-half years ago, I visited Alamogordo, New Mexico on the edge of the Tularosa Basin. I stayed at the Oliver Lee (1865-1941) Memorial State Park. Now, I am back, preparing the park’s Guest Guide, produced by Southeast Publications. The park memorializes a Texan who settled in the area and became a rancher. Lee and his half-brother Perry Altman owned nearly a million acres from Cloudcroft to El Paso, Texas.
Lee’s ranch is at the base of Dog Canyon. The latter has a long history as an escape route for the Mescalero Apaches being chased by the Army’s Calvary. After raiding, killing and pillaging the early settlers, the Apaches would head up “Eyebrow Trail” which hugs the edge of a steep 1000 foot bluff. They were able to, bush whack the soldiers throwing rocks and shooting them from concealed hiding positons. Thus, they made their escape.
Throughout history, this trail has been used by prehistoric peoples traveling across the Tularosa Basin seeking a route into the Mountains. Lee, undoubtedly, used the trail to herd the cattle to grazing places in the mountains. Occasionally, they would lose an animal off the steep and narrow trail.
Lee, “magnificently muscled, straight as a young pine, catlike in his coordination,” according to C. L. Sonnichsen in Tularosa: Last of the Frontier West, had come from Texas to the basin as a young man with his family to claim a ranch and raise cattle. He soon became famous because of “his wizardry with a six-shooter and rifle. He killed men who challenged or crossed him. He helped himself to the cattle of major livestock syndicates”.
As Lee’s ranch grew, he began to irate some other larger ranchers from the Santa Fe area. It was the Tularosa version of the Lincoln County Wars. Soon, Lee and Albert Jenkins Fountain locked horns. Fountain and other ranchers accused Lee of cattle rusting and went to Lincoln and obtained thirty-two indictments against Lee and two of his gun-men. Fountain and his eight year old son, Henry, headed to Tularosa to have Lee and his gang “corralled”. Along, the way, they were murdered.
On February 1st, 1896, Fountain and his eight-year old son, Henry, disappeared near the White Sands on their way home to Mesilla. They were returning from Lincoln, New Mexico, where Fountain had been assisting the prosecution of cattle rustlers, in particular, Oliver M. Lee and William McNew. Fountain and his friends knew his safety might be in jeopardy because of his relentless pursuit of the rustlers. In fact, Fountain had brought his son Henry along thinking that no harm could befall him while he had such a young boy alongside him.
On their way back to Mesilla, Fountain would run into a mail carrier. The carrier shared with Fountain that he had seen horsemen, apparently following Fountain and his son, several miles distant but had never met up with them. It is presumed that these riders trailed along behind Fountain and his son until they had an opportunity to ambush and kill both the father and son. Fountain’s horses returned home. However, all that was found at the site of the disappearance were Fountain’s buckboard wagon, several empty cartridge cases, his cravat and papers, and two pools of blood.
The only sign of Henry was a blood soaked handkerchief with two powder blackened coins, the handkerchief carefully knotted in one corner. The previous day, Henry had made a purchase of sweets in La Luz and wrapped the change from his quarter in the handkerchief. Missing were the victim’s bodies, a blanket, a quilt, and Fountain’s Winchester rifle.
Some speculated that the outlaw “Black Jack” Ketchum and his gang were involved. Most, however, were convinced the disappearances were attributed to Oliver Lee, a noted rancher, land developer and part-time Deputy U.S. Marshall. Lee’s employees, Jim Gililland and William McNew, were also suspected of involvement. Lee and Gililland were pursued by lawman Pat Garrett and a posse, which engaged them in a gunfight near Alamogordo.
After Deputy Sherriff Kent Kearney was killed in the gunfight, Garrett and his posse fled. Lee and Gililland would later surrender to others. They were defended in court by Albert Fall, the same Albert Fall that Fountain had defeated for the seat in the New Mexico Legislature in 1888 and lost to in his re-election bid in 1890. Years later, Albert Fall would become the first Senator from the State of New Mexico and later given the Secretary of the Interior cabinet position in the administration of President Warren G. Harding. He would soon resign and become the first United States presidential cabinet member sentenced to prison for his involvement in the Teapot Dome scandal.
As the bodies of Fountain and his son were never found, the prosecution was greatly hampered. No one was ever charged with the murder of Fountain. Lee and His employee’s, Gililland and McNew, were tried for the murder of Henry Fountain. Charges were never filed in the death of Deputy Sherriff Kearney. In the infamous trial that took place in Hillsboro, New Mexico, the charges against McNew were dismissed while Lee and Gililland were both acquitted. It was these unsolved murders among other incidents that contributed to New Mexico’s lawless reputation and the delay of statehood until 1912.(2)
One source says that Lee and his son, Henry, were buried in an unmarked grave after their bones were found many years later.
The saddest part of the story for me is the murder of a beautiful young, innocent boy. I try to picture the sadness the mother of Henry must have felt. New Mexico and especially, Mesilla, must have shared her grief as well.
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Source:
About the Blogger: Victor Ray has had a love for travel and history since he was a small boy. Now he has found a way to combine the two, traveling in his motorhome with Raleigh, his pure bread Australian Shepherd. He shares his passions exploring the highways and byways in search of scenic, historic, unique and pristine places.
Lee’s ranch is at the base of Dog Canyon. The latter has a long history as an escape route for the Mescalero Apaches being chased by the Army’s Calvary. After raiding, killing and pillaging the early settlers, the Apaches would head up “Eyebrow Trail” which hugs the edge of a steep 1000 foot bluff. They were able to, bush whack the soldiers throwing rocks and shooting them from concealed hiding positons. Thus, they made their escape.
Throughout history, this trail has been used by prehistoric peoples traveling across the Tularosa Basin seeking a route into the Mountains. Lee, undoubtedly, used the trail to herd the cattle to grazing places in the mountains. Occasionally, they would lose an animal off the steep and narrow trail.
Lee, “magnificently muscled, straight as a young pine, catlike in his coordination,” according to C. L. Sonnichsen in Tularosa: Last of the Frontier West, had come from Texas to the basin as a young man with his family to claim a ranch and raise cattle. He soon became famous because of “his wizardry with a six-shooter and rifle. He killed men who challenged or crossed him. He helped himself to the cattle of major livestock syndicates”.
As Lee’s ranch grew, he began to irate some other larger ranchers from the Santa Fe area. It was the Tularosa version of the Lincoln County Wars. Soon, Lee and Albert Jenkins Fountain locked horns. Fountain and other ranchers accused Lee of cattle rusting and went to Lincoln and obtained thirty-two indictments against Lee and two of his gun-men. Fountain and his eight year old son, Henry, headed to Tularosa to have Lee and his gang “corralled”. Along, the way, they were murdered.
On February 1st, 1896, Fountain and his eight-year old son, Henry, disappeared near the White Sands on their way home to Mesilla. They were returning from Lincoln, New Mexico, where Fountain had been assisting the prosecution of cattle rustlers, in particular, Oliver M. Lee and William McNew. Fountain and his friends knew his safety might be in jeopardy because of his relentless pursuit of the rustlers. In fact, Fountain had brought his son Henry along thinking that no harm could befall him while he had such a young boy alongside him.
On their way back to Mesilla, Fountain would run into a mail carrier. The carrier shared with Fountain that he had seen horsemen, apparently following Fountain and his son, several miles distant but had never met up with them. It is presumed that these riders trailed along behind Fountain and his son until they had an opportunity to ambush and kill both the father and son. Fountain’s horses returned home. However, all that was found at the site of the disappearance were Fountain’s buckboard wagon, several empty cartridge cases, his cravat and papers, and two pools of blood.
The only sign of Henry was a blood soaked handkerchief with two powder blackened coins, the handkerchief carefully knotted in one corner. The previous day, Henry had made a purchase of sweets in La Luz and wrapped the change from his quarter in the handkerchief. Missing were the victim’s bodies, a blanket, a quilt, and Fountain’s Winchester rifle.
Some speculated that the outlaw “Black Jack” Ketchum and his gang were involved. Most, however, were convinced the disappearances were attributed to Oliver Lee, a noted rancher, land developer and part-time Deputy U.S. Marshall. Lee’s employees, Jim Gililland and William McNew, were also suspected of involvement. Lee and Gililland were pursued by lawman Pat Garrett and a posse, which engaged them in a gunfight near Alamogordo.
After Deputy Sherriff Kent Kearney was killed in the gunfight, Garrett and his posse fled. Lee and Gililland would later surrender to others. They were defended in court by Albert Fall, the same Albert Fall that Fountain had defeated for the seat in the New Mexico Legislature in 1888 and lost to in his re-election bid in 1890. Years later, Albert Fall would become the first Senator from the State of New Mexico and later given the Secretary of the Interior cabinet position in the administration of President Warren G. Harding. He would soon resign and become the first United States presidential cabinet member sentenced to prison for his involvement in the Teapot Dome scandal.
As the bodies of Fountain and his son were never found, the prosecution was greatly hampered. No one was ever charged with the murder of Fountain. Lee and His employee’s, Gililland and McNew, were tried for the murder of Henry Fountain. Charges were never filed in the death of Deputy Sherriff Kearney. In the infamous trial that took place in Hillsboro, New Mexico, the charges against McNew were dismissed while Lee and Gililland were both acquitted. It was these unsolved murders among other incidents that contributed to New Mexico’s lawless reputation and the delay of statehood until 1912.(2)
One source says that Lee and his son, Henry, were buried in an unmarked grave after their bones were found many years later.
The saddest part of the story for me is the murder of a beautiful young, innocent boy. I try to picture the sadness the mother of Henry must have felt. New Mexico and especially, Mesilla, must have shared her grief as well.
Source:
- Article in Desert USA by Jay W Sharp, Alert Jennings Fountain, The infamous Fountain Murders.
- Colonel Fountain Productions, LLC © 2014 ,Corey’s version
About the Blogger: Victor Ray has had a love for travel and history since he was a small boy. Now he has found a way to combine the two, traveling in his motorhome with Raleigh, his pure bread Australian Shepherd. He shares his passions exploring the highways and byways in search of scenic, historic, unique and pristine places.
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Author: Victor K. Ray
