The Old West is rife with tales of daring lawmen, notorious outlaws, and unsolved mysteries, but few are as perplexing and enduring as the disappearance of Albert Jennings Fountain. This remarkable figure, a soldier, lawyer, and politician, vanished without a trace in the desolate southern New Mexico desert, leaving behind a century-old enigma that continues to baffle historians and law enforcement alike. The chilling case of Albert Jennings Fountain and his young son remains one of the most compelling unsolved crimes in American frontier history.
Born Albert Jennings in Staten Island, New York, on October 23, 1838, his early life was marked by education and travel. The son of sea captain Solomon Jennings and Catherine de la Fontaine Jennings, Albert attended Columbia College before embarking on a journey across the globe as a tutor. He eventually settled in California, where he gained experience working at a newspaper before immersing himself in the study of law in San Francisco.
The Enigmatic Name Change and Civil War Service
It was during his time in California that Albert Jennings adopted the name “Albert Jennings Fountain,” an Anglicized version of his mother’s family name. The precise reasons behind this change remain unknown, adding another layer to his intriguing persona. In August 1861, as the nation plunged into the Civil War, Fountain enlisted in the Union Army, commissioned as an officer in the formidable California Column. He played an active role in the Union’s conquest of the Confederate Territory of Arizona, notably participating in the intense Battle of Apache Pass.
While serving his country, Fountain found personal happiness, marrying Mariana Perez in October 1862. Their union would eventually bless them with nine children. By the end of the Civil War, Fountain had attained the rank of captain, a testament to his military prowess and leadership. Following his discharge, he and his family made their home in El Paso, Texas, where he began a new chapter in public service. He worked for the United States Property Commission, tasked with investigating and disposing of former Confederate assets. His career continued to flourish as a Customs Collector, an election judge, and the Assessor and Collector of Internal Revenue for the Western District of Texas.
A Political Career Forged in Fire: The El Paso Salt War
Fountain’s distinguished background in law and public service naturally led him to political aspirations. In 1869, he successfully ran for a seat in the Texas Senate. His fervent radical Republican views, however, did not sit well with many Texas Democrats, creating a politically charged atmosphere. This tension culminated dramatically during the infamous El Paso Salt War. On December 7, 1870, Albert Jennings Fountain became embroiled in a shootout with a man named B. Frank Williams, an altercation that left Fountain wounded three times and Williams dead. This incident underscored the volatile nature of frontier politics and the personal risks involved.
Frontier Life in New Mexico: Battles and Legal Battles
In 1875, seeking a new start, Fountain relocated his family to his wife’s ancestral home in Mesilla, New Mexico. Here, he continued his legal practice, immersing himself in the challenges of a region still plagued by frequent Native American raids. By 1878, his military experience again proved invaluable as he became a captain in the first militia company in southeast New Mexico. He actively participated in campaigns against formidable Apache leaders like Chief Victorio and Geronimo. Fountain’s dedication to the militia saw him rise to the rank of colonel, a title he proudly carried for the remainder of his life.
His legal career also saw him take on significant, albeit controversial, cases. In 1881, he was appointed to defend the infamous outlaw Billy the Kid on a murder charge, further solidifying his reputation as a prominent, if sometimes unconventional, attorney in the territory.
Prosecutor, Legislator, and the Brewing Storm of Enemies
The year 1885 marked another move for Fountain, this time to Las Cruces, where he shifted his focus to prosecuting Federal land frauds. His commitment to justice and his tenacious pursuit of powerful wrongdoers often put him at odds with influential figures. In 1888, his political career advanced further when he was elected to the New Mexico legislature, eventually serving as the speaker of the house. Following his legislative tenure, he became a special prosecutor for livestock associations, achieving a significant victory in 1894 by convicting 20 men for cattle rustling. While these successes cemented his legacy as a defender of the law, they also inevitably accumulated a growing list of powerful enemies who harbored deep resentments against him.
The Haunting Disappearance of Albert Jennings Fountain and His Son
The culmination of these tensions and his unwavering commitment to justice led to the tragic event that defines his legend. On February 1, 1896, after attending a court session in Lincoln County, New Mexico, Albert Jennings Fountain and his eight-year-old son, Henry, embarked on their journey home. They vanished near White Sands, triggering a desperate search when Mrs. Fountain reported them missing the following day.
Search parties discovered their buckboard and team on the Tularosa-Las Cruces road, approximately 45 miles from their home. The scene was grim: Fountain’s papers were scattered, several empty cartridge casings lay on the ground, and two pools of blood stained the desert. Crucially, both Fountain and his son were gone, along with Albert’s Winchester rifle. The stark evidence pointed to a violent ambush, but no bodies were ever recovered.
Subsequent investigations honed in on a notorious New Mexico rancher and gunman, Oliver M. Lee, along with two of his employees, Jim Gililland and William “Billy” McNew, as the primary suspects. Despite being tried for the crime, all three men were ultimately acquitted, leaving the case officially open and the fate of Albert and Henry Fountain shrouded in perpetual mystery. The lack of closure has fueled countless theories and historical debates.
Adding another layer of intrigue to this already complex case, some historians theorize that the famed Sheriff Pat Garrett, known for bringing down Billy the Kid, was himself assassinated years later while intensely investigating the Fountain murders. It is believed he may have been perilously close to uncovering the truth behind “who done it,” suggesting a deeper conspiracy or a powerful network determined to keep the secret buried.
Conclusion: An Enduring Legacy of Mystery
The life of Albert Jennings Fountain was a microcosm of the American West: a journey from East Coast intellectual to Union soldier, frontier lawyer, and influential politician. His unwavering dedication to law and order, even when it made him powerful adversaries, ultimately led to his perplexing disappearance. The unsolved vanishing of Albert and Henry Fountain remains one of New Mexico’s most haunting legends, a stark reminder of the often brutal and unforgiving nature of the frontier. The absence of bodies, the controversial acquittal of the suspects, and the lingering theories surrounding Pat Garrett’s death ensure that the mystery of Albert Jennings Fountain will continue to captivate and intrigue for generations to come, standing as a poignant symbol of justice elusive in the vast, untamed landscape of the Old West.
