Oliver Lee (New Mexico) - Albert Jennings Fountain Murder Case

Albert Jennings Fountain Murder Case

The range war came to a boil in the winter of 1895-6. Colonel Fountain had gone to the Lincoln County court and obtained 32 indictments against 23 ranchers for theft of livestock or defacement of brands. Oliver Lee, Jim Gililland and William McNew were among the accused. This caused their being suspects in the February 1896 disappearance and presumed murder of Colonel Fountain and his 8-year-old son Henry. They were pursued by Sheriff Pat Garrett and a posse. Garrett and posse engaged in a gunbattle with Lee and Gilliand near Alamogordo at Wildy Well, with Deputy Sheriff Kurt Kearney being killed. Lee later testified that Kearney and Garrett shot at Lee and Gililland, who were sleeping on the roof of the house at Wildy Well without even asking them to surrender. Lee and Gililland fired back in self defense. Garrett and his men were pinned down and Lee and Gililland allowed them to flee. Lee and Gililland attended to Kearney, but he died of his wounds.

It was almost three years before the matter was settled in court. These events led to the political maneuvering which led to the formation of Otero County. Lee believed that if he surrendered to Garrett he would never make it to trial. This is attested to in Dee Harkey's book "The Life of a New Mexico Lawman - Mean as Hell" (ISBN 0-941270-60-2). Lee's friend, Albert Fall and other Democrats offered to honor Otero, the Republican Governor, with the creation of a county named after him. The boundary of this new county would put the location, and so the jurisdiction of the Fountain case, in the new county. The only thing the Democrats wanted in exchange was that the sheriff of the new county would be their choice. Once the county was established and Lee's friend, George Curry was appointed sheriff, Lee promptly surrendered. Albert Fall and others defended Lee, McNew and Gilliland who were charged with the crime of killing Henry Fountain (Albert's young son). No one was ever charged with the murder of Albert Fountain. Charges against McNew were dismissed, while Lee and Gililland were acquitted. Dee Harkey notes that it was interesting that none of the other ranchers indicted were ever pursued as suspects.

Oliver Lee later held office in the New Mexico Senate and continued operating his ranches until his own death in 1941. He has several descendants still living and ranching in New Mexico.