Everything about Albert Jennings Fountain totally explained
Albert Jennings Fountain (
October 23 1838 -
February 1 1896) was a
lawyer,
Indian fighter, and
Republican politician in
Texas and
New Mexico.
Early life, military service and career
Fountain was born on
Staten Island, New York on
23 October 1838 to Solomon Jennings and his wife Catherine de la Fontaine. He went to California as a young man and began calling himself by an Anglicised version of his mother's family name. (Accounts differ as to why he did so.) He studied law in California, but never took the bar examination. In August 1861, he enlisted in the Union Army during the
American Civil War and was commissioned an officer. He took part in the Union conquest of the
Confederate Territory of Arizona as part of the
California Column. In October 1862 he married Mariana Perez of
Mesilla. They would become the parents of 5 sons and 4 daughters.
Discharged as a captain at the war's end, Fountain settled in
El Paso, Texas, working for the United States Property Commission, which investigated and disposed of former Confederate property. He performed so well that he was made the Customs Collector for the El Paso region. He was next appointed an election judge and finally the Assessor and Collector of Internal Revenue for the Western District of Texas.
In 1869 he won a seat in the
Texas Senate in the
Twelfth and
Thirteenth Texas Legislatures. Fountain was elected as President
pro tempore (also serving as
Lieutenant Governor ex officio, since that office was vacant) during the second session of the Twelfth Legislature.
Fountain’s
Radical Republican views angered Texas
Democrats, and he was challenged to several duels, killing at least one man, Frank Williams, because of them. These same views may have also lead to his disappearance and presumed murder. At the time of Fountain's slaying, he was prosecuting suspected
cattle rustlers, and land-grabbers, specifically
Oliver M. Lee, and he found himself at odds with Lee's associate, corrupt attorney
Albert Fall.
In 1873 Fountain decided to move back to his wife's home of Mesilla, New Mexico. He became a lawyer in Mesilla, using his fluent Spanish to good advantage in jury trials. He was appointed assistant district attorney and would also serve as probate judge and a deputy court clerk. A militia officer in the wars with the Apaches, he reached the rank of colonel and would be called by that rank for the remainder of his life.
Fountain became a leading figure in the Republican Party in New Mexico, serving a term in the state legislature. Unfortunately, he'd acquire numerous political enemies, which probably was the reason behind his mysterious disappearance.
Disappearance and (probable) murder
On
1 February 1896, Fountain and his eight-year-old son Henry
disappeared near the
White Sands on the way to their home in Mesilla, near
Las Cruces, New Mexico. All that was discovered were Fountain’s buckboard, several empty cartridge casings, his
cravat and papers, and two pools of blood. The only sign of Henry was a blood drenched handkerchief with two powder-blackened coins, the handkerchief still carefully knotted in one corner. Missing were the victim's bodies, a blanket, a quilt, and Fountain's Winchester rifle.
Some alleged that
outlaw "Black Jack" Ketchum and his gang were involved in the killings. However, most believed that the disappearances could be attributed to a man closer to home.
Oliver M. Lee, a noted New Mexico
gunman,
rancher,
cattle rustler,
outlaw, and part-time Deputy
U.S. Marshal, as well as his employees Jim Gililland and William "Billy" McNew were suspected of the slayings. Lee and Gililland were pursued by lawman
Pat Garrett and a
posse, and they engaged Garrett and his men in a gun battle near
Alamogordo. Deputy Sheriff Kurt Kearney was killed, and Garrett and his posse retreated. Lee and Gililland later surrendered to other lawmen. They were defended by
Albert Fall, and were
acquitted of participation in the Albert Jennings Fountain case.
Lee's involvement in the case, as well as Fall's, did go deeper than the acquittal would reflect. Due to his land ownings, Fountain was a powerful rival to land owners Lee and Albert Fall. In their employ were smalltime gunmen Billy McNew and Jim Gililland. Fall was well known to have hated Fountain. Fall's association with Oliver Lee began when Fall assisted Lee during a criminal case. If
law enforcement officials closed in, Fall dealt with the legal issues.
Fountain, however, showed little fear of the Fall/Lee faction, and challenged them openly in the courts as well as in the political arena. Many factors indicated that Lee was involved in the disappearance and murder of Fountain. The bodies of Fountain and his young son were never found, which hampered prosecution. Albert Fall defended all three of the men who were eventually charged with the crime of killing Henry Fountain (Albert's son). Charges were never filed for the killing of Albert. They were Oliver Lee, Jim Gililland, and Billy McNew. Charges against McNew were dismissed, while Lee and Gililland were acquitted. The end result of their prosecution, more than anything else, hinged on there being no body.
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