Albert Jennings Fountain - Disappearance and Probable Murder

Disappearance and Probable Murder

On February 1, 1896, Fountain and his eight-year-old son Henry disappeared near White Sands on the way to their home in Mesilla. They were returning from Lincoln, New Mexico, where Fountain had been assisting the prosecution in bringing charges against Oliver M. Lee and William McNew. 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 Fountain was a blood-soaked handkerchief with two powder-blackened coins, the handkerchief still carefully knotted in one corner. Missing were the victims' bodies, a blanket, a quilt, and Fountain's Winchester rifle.

Some speculated that outlaw "Black Jack" Ketchum and his gang were involved. Most, however, were convinced the disappearances could be attributed to Lee, a noted rancher, land developer and a part-time Deputy U.S. Marshal. 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 gunfight near Alamogordo. After Deputy Sheriff Kent Kearney was killed, however, Garrett and his posse fled. Lee and Gililland would later surrender to others. They were defended by Albert Bacon Fall, who years later would become the first United States presidential cabinet member sentenced to prison. The accused were acquitted of participation in the Albert Jennings Fountain case because of lack of evidence.

Fountain was a powerful rival to land owners Oliver Lee and Albert Fall. Fall was also known to hate Fountain as a political rival, just as Fountain hated Fall. Fall's association with Lee began when he had defended Lee in a criminal case. He had repeatedly challenged Fall and his men in the courts and the political arena.

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 Albert Fountain. Lee and his employees, McNew and Gilliland, were tried for the murder of Henry Fountain. Charges also were never filed for the death of Deputy Sheriff Kearney. The charges against McNew were dismissed, while Lee and Gililland were both acquitted.

Memorials to both Albert Jennings Fountain and his son are in the Masonic Cemetery at Mesilla, though their actual burial site remains a mystery.