Park Predators – “The Attorney”

Host: Delia D’Ambra (Audiochuck)
Release Date: January 6, 2026

Episode Overview

Delia D’Ambra delves into one of the most chilling unsolved cases from the American frontier: the 1896 disappearance and presumed murder of Albert Fountain, a prominent attorney, and his young son Henry near the present-day White Sands National Park in New Mexico. Through detailed storytelling and investigative research, D’Ambra explores how lawlessness, political feuds, and corruption shrouded the fate of a crusading legal figure and his child, and how the shadow of this crime still lingers over one of the nation's most beautiful landscapes.

Key Discussion Points & Timeline

The Setting: White Sands and Historical Context

• White Sands National Park wasn’t established until 2019; during the Fountain case, it was a rugged, lawless wilderness (00:45).
• The landscape itself holds clues to a deep, sometimes violent history, “like no place else on earth” (01:12).

The Disappearance

• Albert Fountain (57) and his son Henry (8) set out for Lincoln, NM, on January 12, 1896, for legal business despite family's safety concerns (03:05).
• Mariana Fountain, Albert's wife, encouraged Henry to travel with his father as a deterrent to potential enemies (04:10).
• Errant horses returned home the first night, causing initial concern, although a note from Albert soon dismissed it (05:10).

Last Sighting and Worrisome Encounter

• On January 31, Albert and Henry left Lincoln to return home; weather conditions were cold and windy (06:45).
• Mail carrier’s encounter: Albert expressed fear they were being followed by three men on horseback but declined the carrier’s request to stop for safety (09:00).
• On Sunday, February 2, the family’s worry intensifies after another visit from the mail carrier, revealing the troubling story and evidence of possible foul play (10:25).

The Scene of the Crime

• Searchers discover:
  • Wheel and hoof prints veering off the main road (11:00)
  • Empty firearm cartridges, shoe prints, cigarette papers at Chalk Hill (12:05)
  • The Fountain carriage, ransacked 12 miles away, surrounded by boot and horse prints, and an indentation suggesting a heavy load (13:00)
• Later evidence includes:
  • Blood spatter and a pool of blood exposed by melting sleet (14:30)
  • Powder-burned coins and a blood-soaked handkerchief suspected to belong to Henry (15:15)

“...a bloody handkerchief and a powder burned nickel and dime...probably signaled to authorities that something nefarious had happened to Henry.”
— Delia D’Ambra (16:50)

Motive & Political Context

Albert Fountain’s Career and Enemies

• Former journalist, soldier, lawman, and attorney deeply involved in anti-corruption and anti-cattle-rustling efforts (17:00).
• Fountain’s adversaries included Albert Fall—a rival attorney, judge, and political enemy—linked to local criminal networks (18:30).

Escalation Prior to the Disappearance

• Fountain’s investigations targeted known rustlers—including Oliver Lee, James Gilliland, and William McNew—all connected to Fall (19:15).
• Just before disappearing, Albert had secured 32 indictments against these men for cattle theft (19:40).
• Multiple death threats were made; one note warned:

  “If you drop this, we will be your friends. If you go on with it, you will never reach home alive.”
  — Threatening note delivered to Albert Fountain (19:23)

Investigation & Suspects

Initial Investigation Obstacles

• Significant evidence, including legal documents, vanished along with key items from the carriage (21:10).
• Some evidence pointed towards the involvement of Lee, Gilliland, and McNew, but the trio worked for the very sheriff's office investigating the case (22:05).

“...the very suspects believed to have been involved...were also the people in charge of investigating the crime. And historically, that is not a recipe for truth and justice...”
— Delia D’Ambra (22:30)

Manipulation and Misdirection

• Media controlled by Fall spread false sightings and rumors that the Fountains simply left for a new life (23:20).
• High-profile investigator Pat Garrett and a Pinkerton agent brought in, but frustrated by lack of cooperation and destroyed evidence (24:10–25:55).

Key Witness Testimony

• Jack Maxwell tried to place the suspects away from their alibis but undermined himself on the stand due to inconsistencies and admission of being paid (28:40–29:30).
• Defense, led by Fall, sowed doubt by attacking witness credibility and highlighting the lack of direct evidence (30:15).

Trials & Aftermath

The Pressures and Power Plays

• Amid shifting county lines (orchestrated by Fall), suspects surrendered but ultimately spent months free on bond awaiting trial (33:10–34:25).
• The prosecution’s case fell apart due to missing witnesses, unreliable blood evidence, and no physical remains (35:05–36:00).
• A jury deliberated for less than eight minutes and found the prime suspects not guilty (37:45).

“The attorney argued that neither of the defendants had a motive to want to kill Henry. But the lead prosecutor contested…because [Henry] was likely a living witness to his father’s murder.”
— Delia D’Ambra (36:30)

Lingering Mystery and Unsolved Case

• The remains of Albert and Henry Fountain were never recovered.
• Later, charred remains of a man and child found 50 miles away could not be positively identified (38:10).

Legacy

Suspects’ Eventual Fates

• All primary suspects died having never been held accountable, including Albert Fall, later infamous in the Teapot Dome scandal (39:45).
• A late-life confession by James Gilliland allegedly revealed his role, including the reluctant killing of Henry (40:40).

“...Albert died after being shot while driving the horse-drawn carriage, but Henry had been kept alive for a while...Eventually, the group drew straws to determine who would take care of the youngest Fountain, and James was ultimately the person responsible...”
— Delia D’Ambra, summarizing Gilliland’s confession (41:10)

Memorials

• A memorial for Albert and Henry exists in Las Cruces, NM; a highway marker designates the likely scene of the crime to keep their memory alive (42:20).

Notable Quotes & Memorable Moments

• “Basically, little Henry was acting as a deterrent, for lack of a better term.” (04:10)
• “I should not be deterred thereby from performing my whole duty. Public opinion here is with us...Nevertheless, I anticipate a hard contest won, perhaps to the death.” — Albert Fountain, letter quoted by Delia D’Ambra (18:10)
• "If you go on with it, you will never reach home alive." — Threatening note to Albert Fountain (19:23)
• “The very suspects believed to have been involved...were also the people in charge of investigating the crime. And historically, that is not a recipe for truth and justice...”— (22:30)
• “Late at night, on the last day of the trial, the jury deliberated for less than eight minutes and returned with a verdict of not guilty.” (37:45)
• “Their memories should continue to live on.” — Delia D’Ambra (42:40)

Timestamps for Key Segments

| Timestamp | Segment | |-------------|------------------------------------------------------------| | 00:00-02:30 | Background on White Sands and context | | 03:05-04:15 | Departure of Albert and Henry; family concerns | | 09:00-10:30 | Mail carrier’s encounter with the Fountains | | 11:00-13:20 | Findings at the crime scene and carriage | | 15:15-16:50 | Discovery of blood and coin evidence at site | | 17:00-19:10 | Albert Fountain’s professional history and adversaries | | 19:23 | Threatening note received by Albert Fountain | | 21:10-22:30 | Missing evidence and compromised investigation | | 24:10-25:55 | Pat Garrett and Pinkerton investigations | | 28:40-29:30 | Trouble with key witness Jack Maxwell | | 33:10-34:25 | Legal maneuvers and bond issues for suspects | | 37:45 | Jury quick verdict; suspects acquitted | | 39:45-40:40 | Post-case fates, including Fall’s later conviction | | 41:10 | Gilliland’s alleged confession | | 42:20 | Memorials and legacy |

Summary

Through a gripping narrative, Delia D’Ambra dissects a century-old crime driven by politics, personal vengeance, and corruption in the wilds of frontier New Mexico. Her investigation underlines the dangers faced by a crusading attorney and the deep flaws in the justice system of the time. The case remains unsolved—its memory preserved in the landscape and in a cautionary tale about unchecked power. As Delia puts it, “Their memories should continue to live on.”

Listeners are encouraged to remember Albert and Henry Fountain whenever passing near White Sands, and to reflect on how even the most beautiful natural landscapes can hide stories of darkness and injustice.