Oliver M. Lee
Encyclopedia
Oliver Milton Lee, commonly known as Oliver Lee (October 1865 - 15 December 1941) was a part time deputy U.S. marshal, ranch
Ranch
A ranch is an area of landscape, including various structures, given primarily to the practice of ranching, the practice of raising grazing livestock such as cattle or sheep for meat or wool. The word most often applies to livestock-raising operations in the western United States and Canada, though...

er, and gunman. Lee was born in Texas and died in Alamogordo, New Mexico
Alamogordo, New Mexico
Alamogordo is the county seat of Otero County and a city in south-central New Mexico, United States. A desert community lying in the Tularosa Basin, it is bordered on the east by the Sacramento Mountains. It is the nearest city to Holloman Air Force Base. The population was 35,582 as of the 2000...

, where a state park
State park
State parks are parks or other protected areas managed at the federated state level within those nations which use "state" as a political subdivision. State parks are typically established by a state to preserve a location on account of its natural beauty, historic interest, or recreational...

 has been named in his memory
Oliver Lee Memorial State Park
Oliver Lee Memorial State Park is a state park of New Mexico, USA, in Otero County. The park is and sits at an elevation of . It is situated at the base of Dog Canyon in the Sacramento Mountains, and provides opportunities for camping, hiking, picnicking, wildlife viewing, a nature trail, and a...

.

Early life

Lee lived an eventful life, spending most of it in southern New Mexico
New Mexico
New Mexico is a state located in the southwest and western regions of the United States. New Mexico is also usually considered one of the Mountain States. With a population density of 16 per square mile, New Mexico is the sixth-most sparsely inhabited U.S...

. Little is known about his life prior to his move to New Mexico from Texas
Texas
Texas is the second largest U.S. state by both area and population, and the largest state by area in the contiguous United States.The name, based on the Caddo word "Tejas" meaning "friends" or "allies", was applied by the Spanish to the Caddo themselves and to the region of their settlement in...

 with his mother. He was a crack shot with any firearm. His marksmanship even at an early age is mentioned in book "The Fabulous Frontier" (ISBN 0-8263-0621-7). He also worked as a Deputy US Marshal. He was described in the book "Tularosa: Last of the Frontier West" (ISBN 978-0826305619) as being "magnificently muscled, straight as a young pine, catlike in his coordination". Sonnichsen adds: He had his mother's piercing black eyes which seemed to bore into you, and a chin like the rock of Gibralter, but he always spoke softly. (A description of him in 1885 at the age of 19.)

Oliver Lee would turn a man off quicker for abusing a horse than for any other reason (Sonnichesn).

"Dee Harkey in his "The Life of a New Mexico Lawman - Mean as Hell" (ISBN 0-941270-60-2) stated he had many dealings with Oliver Lee and "so far as I know or ever heard, he always dealt on the square." Nevertheless, it was not long before a range war
Range war
A range war is a type of conflict that occurs in agrarian or stockrearing societies. Typically fought over water rights or grazing rights to unfenced/unowned land, it could pit competing farmers or ranchers against each other...

 of the Lincoln County type began to fester.

Early New Mexico life

Lee moved into the area from Texas with his half brother Perry Altman. They planned to raise and sell horses as well as to acquire land. C.L Sonnichsen relates that Oliver and Perry soon met Cherokee Bill. He suggested that they buy out "Frenchy" who had a place in Dog Canyon where he was raising fruit trees. He told them the area had a reliable water source. Perry is quoted as saying, "Well, Oliver this country is so damn sorry I think we can stay here a long time and never be bothered by anybody else." Lee's fair play ethics did not set well with the local powerbrokers. The local power brokers at the time were Albert Fountain, John Good and others, mostly Republican.

Lee later became friends with Albert Fall. The alliance would last for decades. It also put him on the side of the Democrats, who were at odds with the Republican faction led by Colonel Albert Jennings Fountain
Albert Jennings Fountain
Albert Jennings Fountain was a lawyer, Indian fighter, and Republican politician in Texas and New Mexico.-Biography:...

. Fountain was a powerful rival to land owners Lee and Fall. The struggle between them was characterized in the book "The Two Alberts - Fountain and Fall" (ISBN 1-881325-20-2). The political party in the majority in the area was the Republican, and these were an extension of the Santa Fe Ring, a secret coalition of lawmakers determined to control public offices in the New Mexico Territory.

Albert Jennings Fountain murder case

The range war came to a boil in the winter of 1895-6. Colonel Fountain had gone to the Lincoln County court and obtained 32 indictments against 23 ranchers for theft of livestock or defacement of brands. Oliver Lee, Jim Gililland and William McNew were among the accused. This caused their being suspects in the February 1896 disappearance and presumed murder of Colonel Fountain and his 8-year-old son Henry. They were pursued by Sheriff Pat Garrett
Pat Garrett
Patrick Floyd "Pat" Garrett was an American Old West lawman, bartender, and customs agent who was best known for killing Billy the Kid...

 and a posse
Posse comitatus (common law)
Posse comitatus or sheriff's posse is the common-law or statute law authority of a county sheriff or other law officer to conscript any able-bodied males to assist him in keeping the peace or to pursue and arrest a felon, similar to the concept of the "hue and cry"...

. Garrett and posse engaged in a gunbattle with Lee and Gilliand near Alamogordo at Wildy Well, with Deputy Sheriff Kurt Kearney being killed. Lee later testified that Kearney and Garrett shot at Lee and Gililland, who were sleeping on the roof of the house at Wildy Well without even asking them to surrender. Lee and Gililland fired back in self defense. Garrett and his men were pinned down and Lee and Gililland allowed them to flee. Lee and Gililland attended to Kearney, but he died of his wounds.

It was almost three years before the matter was settled in court. These events led to the political maneuvering which led to the formation of Otero County
Otero County, New Mexico
-2010:Whereas according to the 2010 U.S. Census Bureau:*72.7% White*3.5% Black*6.7% Native American*1.2% Asian*0.2% Native Hawaiian or Pacific Islander*4.2% Two or more races*11.2% Other races*34.5% Hispanic or Latino -2000:...

. Lee believed that if he surrendered to Garrett he would never make it to trial. This is attested to in Dee Harkey's book "The Life of a New Mexico Lawman - Mean as Hell" (ISBN 0-941270-60-2). Lee's friend, Albert Fall and other Democrats offered to honor Otero, the Republican Governor, with the creation of a county named after him. The boundary of this new county would put the location, and so the jurisdiction of the Fountain case, in the new county. The only thing the Democrats wanted in exchange was that the sheriff of the new county would be their choice. Once the county was established and Lee's friend, George Curry was appointed sheriff, Lee promptly surrendered. Albert Fall and others defended Lee, McNew and Gilliland who were charged with the crime of killing Henry Fountain (Albert's young son). No one was ever charged with the murder of Albert Fountain. Charges against McNew were dismissed, while Lee and Gililland were acquitted. Dee Harkey notes that it was interesting that none of the other ranchers indicted were ever pursued as suspects.

Oliver Lee later held office in the New Mexico Senate and continued operating his ranches until his own death in 1941. He has several descendants still living and ranching in New Mexico.

External links

  • http://www.desertusa.com/mag06/mar/murder.html
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