Garrett believed that he would never get a fair showing with Fall in control of the courts. As a result, Garrett waited two full years for a change in the political landscape before presenting his evidence to the court and securing indictments against the suspects.

McNew was quickly arrested after indictments were secured. Lee and Gililland, however, were a different story. Lee claimed that Garrett only wanted a chance to kill him, with a warrant for the murder of Fountain as an excuse. He and Gililland remained on the lam. Garrett finally tracked down the fugitives at one of Lee’s ranches. Lee and Gililland got the best of the Sheriff’s posse in the ensuing gun battle. One of Garrett's deputies was killed and Garrett and his two remaining deputies were forced to retreat.

Lee and Gililland would finally surrender months later, under the condition that they would never be in the custody of Sheriff Garrett.

The trial took place in the secluded town of Hillsboro. The murders of the Fountains were all but forgotten as the defendants, along with their attorney Fall, became media darlings. Some witnesses went missing, and the defendants’ armed supporters, who packed the courtroom, intimidated others. A verdict of “not guilty” was found. Lee, Gililland, and McNew, their attorneys and many supporters celebrated into the night.

The bodies of Albert Fountain and his young son Henry still lay in an unmarked grave, the location of which remains a mystery.

Over one hundred years have passed since this saga unfolded. The participants are all gone, but the story and many of the places where it happened live on.