ArizonaRealCountry.com 39 April 2018 time and an easy cross into Mexico. Lee rode into the herd and began cutting out his cows. One of the cowboys shot at Lee from behind but missed. Lee turned and fired, killing the cowhand with the first shot. The other cowhand fired at Lee and he too fell dead from Lee’s bullet. Lee left McNew with the herd and rode into El Paso to report what happened. He wired Albert Fall, attorney and political high roller to retain him as a defense in case he was charged. No indictments were handed down. No Letup When Rains Came When the rains came in 1894 they did little to cool off the conflict between the big ranchers and the small operators. One big ranch owner brought 5000 head of cattle onto the range to take advantage of the water and grass. The same outfit planned to bring another 5000 Angora goats. Lee, representing the small operators, told them to get the cattle off the range. The big ranch owners would not yield. Soon, their herds began to dwindle. Somebody was running off their stock. The cattle were sold in Mexico and to El Paso butcher shops. Finally, the big outfit, and others like it, abandoned plans to overstock the range for quick profits. The atmosphere was one of constant conflict between the mountain people, mostly small farmers and orchard men, small ranchers and big corporate operators. There were several scrapes, some of which Oliver Lee and his men were involved and others unrelated to them. Three Murders A small orchard owner in dog Canyon, a recluse Frenchman, was murdered. Dog Canyon had the best supply of water in the area…water that fed Oliver Lee’s ranch after the Frenchman was killed in his cabin. A large rancher from Texas was murdered. But the real trouble in the valley started when Col. Albert Fountain and his young son Henry were waylaid on the trail and murdered. Their bodies have not been found to this day. Fountain was a lawyer and bitter opponent of A. B. Fall, an ally and close friend of Oliver Lee. There was little Fall and Lee would not do for each other. Fountain became a power in the Republican Party in New Mexico. Fall, a relative newcomer to New Mexico Territory, became a power in the Democratic Party. Range Wars continued from page 36 Both were the candidates of the two major parties for the Territorial Legislature in 1888. Fountain won but Fall came within 43 votes, out of 2000 cast, of beating Fountain. The two remained bitter foes following that election until Fountain was murdered. Lee & Men Accused Fountain and his boy Henry were killed on the 1st of February 1896, almost eight years after the feud between Fountain and Fall developed from the election of 1888. During those eight years, the country around Tularosa had become embroiled in bitter battling between small ranchers and big ones, Democrats and Republicans, and various powerful factions of New Mexico political bosses. Lee stood with Fall, and Fall stood with Lee though it all. Tucker stood with Lee as well, but for the most part stayed out of any gunplay. McNew and Gililland had replaced Tucker as the gunfighters of the Lee faction. Several Grand Jury sessions came and went but despite widespread speculation that Lee, McNew, and Gililland had killed Fountain and his son, no indictments were returned. The governor asked Pat Garrett to go to Las Cruces and take over the case. It took a while to get the duly elected Sheriff out of the way so Garrett could take over the job, but when that was done, Garrett set out to pin Fountain’s murder on Lee, McNew, and Gililland. Since no indictment from the Grand Jury could be obtained, Garrett collected a number of affidavits attesting to the involvement of the three in the Fountain murders. He got a judge to issue warrants for their arrest. Lee’s Most Serious Trouble Garrett had an intense dislike for Lee and for A. B. Fall. He made it be known he intended to kill Lee. Aware of these threats, Lee, when he heard of the warrants, took McNew and Gililland with him into the mountains and into hiding. Lee had many friends among the small operators in the mountains, mostly Texans, who were loyal to Lee for his assistance against the big operators who constantly threatened them. As far as is known, Tucker remained on the Lee ranch and did not accompany the fugitives into the mountains. Garrett has his warrants, but he seemed to have no real desire to ride against Lee to arrest him. In fact, he seemed to be avoiding a conflict. For his part, Lee made it be known he would surrender himself to any Sheriff in New Mexico other than Garrett, who he believed would shoot him in the back while bringing him in and then claim Lee had tried to run. One Shootout Lee enjoyed telling his friends about dodging Garrett. He said one time, Garrett was guarding a bridge on a trail in the mountains. Lee and his men merely went downstream and forded the creek, leaving the Sheriff steadfastly guarding the bridge he was sure the men would cross. Having grown long beards in the mountains and donning themselves in farmer’s work clothes, Lee recalled how one time he rode right past Garrett on the trail. Garrett did not recognize Lee since the Lee he knew was a dapper dresser. Finally, Garrett and his men, acting on a tip, closed in on Lee and his men. The showdown was at Wildy Well. There was an adobe house there with a shed attached, a corral, some outbuildings, a pump house and a big dirt water tank. Garrett and four deputies rode up to the place and Garrett entered the house quietly through an unlocked door. He saw two people in bed in the main room. He quietly walked up to 6the bed and shoved his gun into the man’s ribs. The man sat up and Garrett could see it was a cowboy named Madison who worked for Lee. Next to him in bed was his wife, who also sat upright, startled and speechless. Garrett hastily left the house, embarrassed, and rejoined his men in the corral. A young man, also in the house, ran outside and tried to signal someone on the roof. Garrett figured the fugitives were up there behind the parapet on the adobe. Instead of going to the rooftop himself he went back inside and ordered Madison to go to the roof and tell Lee to surrender. Madison refused. The Sheriff then went back outside. He told his men they would go up on the roof by climbing on the lean-to roof of the shed attached to the house. Pat and two deputies started to climb the roof. Two other deputies remained below on guard. When Garrett and his men got to the roof they saw Lee and Gililland sleeping. One of the deputies jumped the gun and fired. A bullet tore into the roof right next to Lee. Lee raised his Winchester and fired at Garrett. Garrett ducked the bullet which Lee said was aimed at his head. Garrett and one of his continued on page 45 The governor asked Pat Garrett to go to Las Cruces and take over the case For his part, Lee made it be known he would surrender himself to any Sheriff in New Mexico other than Garrett, who he believed would shoot him in the back while bringing him in and then claim Lee had tried to run.