AMERICAN EXECUTED BY MEXICAN REBELS

VICTIM WAS RESIDENT OF NEW MEXICO

Had Been Captain of Federal Gun Under General Villa.

CHARGED WITH HIDING PARTS OF THE PIECE

Condemned by Courtmartial; Shot Under "Law of Flight."

EL PASO, April 10.---An American newspaper man who returned today from Parral with 184 American and other foreign refugees from the battle swept district, brought news of the execution of Thomas Fountain of Las Cruces, N. M., by the rebels.

Fountain was captain of a federal gun under General Pancho Villa. When Villa retreated last Thursday night, Fountain removed certain parts of the piece and concealed himself in a private residence. The occupants were ignorant that they had a guest in a part of the house seldom visited.

The American was driven by thirst and hunger to reveal his presence on Sunday, after seventy-two hours of self imposed torture.

He was armed with a revolver, but made no resistance. On Monday he was compelled to show the rebels where he had secreted the missing parts of his rapid firer, was tried by court-martial and condemned to death, apparently for having disabled the gun.

American residents made every effort to secure a modification of the sentence, but without avail. Finally American Consul Letcher at Chihuahua sent to General Salazar what is believed to have been an appeal from Washington that his life be spared. In delivering the missive to a messenger the consul remarked:

The Last Resort.

"This is the last resort."

In Mexico they have recourse to what is known as "the law of flight," under which a prisoner who has been condemned, but where there exists a doubt as to the legality of the sentence, is allowed his freedom within certain limits. The prisoner knows that his fate is sealed. Even if he does not walk a step, from some unexpected quarter the fatal bullet will come and the report will be made that he was shot "while in flight."

It was thus in Fountain's case. He told the correspondent that there was no hope, but strolled about the streets waiting for death.

When his body was brought in it contained four bullet wounds made by shots fired from behind.

The young man's father was Colonel Albert Fountain, who, with another son, was shot by cattle rustlers in New Mexico fifteen years ago. Colonel Fountain was one of the most famous lawyers of the then territory and was noted in particular as a prosecutor.

Salt Lake Telegram, Salt Lake City, UT 10 Apr 1912

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AMERICAN SHOT BY REBELS.

Gun Captain With Federal Forces Is Captured and Executed.

EL PASO, April 10--An American newspaper man, who returned today from Parral with 184 American and other foreign refugees from the battle swept district, brought news of the execution of Thomas Fountain of Las Cruces, N.M., by the rebels.
Fountain was captain of a federal gun under General Pancho Villa. When Villa retreated Thursday night Fountain removed parts of the piece and concealed himself in a private residence. Later he was taken by rebels and condemned to death. American residents made every effort to secure modification of the sentence, but without avail. In Mexico they have recourse to what is known as the "law of flight" under which a prisoner who has been condemned, but where his sentence, is allowed freedom within certain limits. The prisoner knows his fate is sealed, even if he does not walk a step.

It was thus in Fountain's case. He told the correspondent there was no hope, but strolled about the streets waiting for death. When his body was found it contained four bullet wounds, made by shots from behind.

Idaho Statesman, Boise, ID 12 Apr 1912