Category: Colfax County

Santa Fe Ring Implicated in Reverend Tolby’s Unsolved Murder!!!!

Cruz Vega didn’t go quietly to his death. He told the Cimarron, New Mexico Territory mob who lynched him that they were killing the wrong man. He hadn’t shot Methodist missionary Franklin J. Tolby in Cimarron Canyon on September 14, 1875. Manuel Cardenas had.

Vega’s accusation didn’t save him from death, but it did turn attention to Elizabethtown in the mountains west of Cimarron, where Cardenas lived. When word of Vega’s accusation reached the mining town on Saturday, November 6, 1875, Cardenas turned himself in rather than face a lynch mob of his own. Then he proceeded to tell Etown’s Justice of the Peace what some county residents had suspected from the beginning: Santa Fe Ring members were responsible for Tolby’s murder.

The Santa Fe Ring controlled the Maxwell Land Grant Company and they’d badly wanted to silence  Reverend Tolby. Tolby inveighed regularly against the Company evictions of people they considered squatters as well as the Company’s other efforts to get maximum value from the land they’d purchased from Luz and Lucien Maxwell five years before. According to Tolby, the grant lands were open to homesteading and, if anything, at least part of it should be returned to the Ute and Apache bands who’d used it before the Anglo invasion.

Manuel Cardenas told the Elizabethtown Justice of the Peace that three men associated with the Santa Fe Ring—mail contractor Florencio Donoghue, County probate judge Dr. Robert Longwill, and Attorney Melvin W. Mills—had offered him $500 to kill Tolby. However, according to Cardenas, he turned the job down and the trio hired the now-dead Cruz Vega to shoot Tolby instead.

Cardenas’ charges resulted in a flurry of activity. Robert Longwill fled to Santa Fe pursued by a posse led by anti-Grant Company gunman Clay Allison. Since Allison had bested Santa Fe Ring enforcer Juan Francisco “Pancho” Griego in a shootout at Henri Lambert’s Cimarron saloon earlier that week,  Longwill was wise to take him seriously.

Nov 6 illustration.robert longwill.parsons book
Source: Clay Allison, Portrait of a Shootist, Chuck Parsons

Melvin Mills was made of sterner stuff. He’d been in Colorado when the charges were made and  he returned to Cimarron, indignantly insisting on his innocence. Mills must have arrived back in town around the same time the cavalry detachment from Fort Union showed up on Monday, November 8.  The horse soldiers had been dispatched to Cimarron to maintain civil order, sent out at the request of Territorial Governor Samuel Axtell, who just happened to also be a member of the Santa Fe Ring.

With Longwill safely in Santa Fe, Cardenas and Donaghue in jail, and Mills released for lack of evidence, it seemed reasonable to assume that things had quieted down and would remain so. A hearing date to address Cardenas’ evidence was set for Wednesday, Nov. 10. But there was going to be a least one more death before it was all over. Can you guess who? . . . . Stay tuned.

 

Nov 6 illustration.robert longwill.parsons bookSources:  David L. Caffey, Chasing the Santa Fe Ring, UNM Press, 2014; Chuck Parsons, Clay Allison, portrait of a shootist, Pioneer Book Publishers, 1983

Clay Allison Kills Pancho Griego in Lambert’s Saloon!!!

Monday, November 1, 1875 in Cimarron, New Mexico should have been a quiet day after an eventful weekend. Cruz Vega, the man thought to have murdered Methodist missionary Reverend Franklin J. Tolby in September, was dead and buried. Now the County could get back to ranching and mining. But Vega’s confession at his Saturday, October 30  lynching had not put the matter to rest.

Vega confessed merely to being involved in the plot to kill Reverend Tolby. He said Manuel Cardenas was the actual shooter. So there was still that to deal with.

Then there was the matter of how Vega had died. Following the telegraph-pole lynching that produced his accusation against Cardenas, Vega was shot and killed. When his battered body was found the next day, his friends and relatives were upset, to say the least. Their thoughts turned almost immediately to revenge. In fact, before the funeral was over, Civil War veteran Juan Francisco “Pancho” Griego vowed vengeance on the men who’d tortured and killed his friend.

There’s no concrete evidence that gunslinger R. Clay Allison was part of the Vega lynch mob, but the fact that Griego confronted him about it implies that Allison either participated in the lynching or was concerned for the welfare of those who had.

At any rate, Griego and Allison met late Monday, November 1 at Henri Lambert’s saloon in Cimarron (today’s St. James Hotel) and Griego didn’t make it out alive. According to Lambert, who’d been born in France, “Pancho try to pull the pistol. Mr. Allison smarter.” When Pancho fell, Lambert ordered everybody out and closed up shop. It was a smart thing to do. Allison and his friends spent the night “hoorahing” the town and probably would have caused more damage to Lambert’s place besides the blood-stained saloon floor if he hadn’t closed down when he did.

But Tolby’s killer still needed to be dealt with and there were still strong suspicions that the Santa Fe Ring was somehow behind it all. Certainly, the bloodshed hadn’t ended. There would be more in the coming days. Stay tuned . . . .

 

Nov 1 illustration.pancho griego.parsons book
Source: Clay Allison, Portrait of a Shootist, Chuck Parsons

Sources: Las Vegas Gazette, November 14, 1875. Chuck Parsons, Clay Allison, Portrait of a Shootist, Pioneer Book Publishers, 1983.

Death by Investigation

On the night of Saturday, October 30, 1875 New Mexico Territory rancher William Low joined Mexican-born Cruz Vega beside a campfire about a mile and a half north of Cimarron. Low had hired Vega to watch his cornfields that Halloween weekend. But when a group of masked men led by Methodist missionary Oscar P. McMains showed up that night, Low wasn’t surprised. Reverend McMains had asked him to hire Vega to watch that particular cornfield. He wanted him within easy reach of the Poñil River stage road and the telegraph line that ran it.

McMains and his men had a sinister use for those telegraph poles. They suspected Vega of murdering McMain’s fellow missionary, the Reverend Franklin J. Tolby the month before, and they intended to extract a confession from him.

Oct 30 illustration
Las Vegas Gazette, Nov. 14, 1875

According to William Low, “One of them says, halloo boys, and he walked up toward Cruz with a lariat and put it around his neck, and says, come on, and they took him into the road and we along with him. We went up I judge about 500 yards among the timber, along the telegraph line: there was a party of men. It was pretty dark. These four or five men took him to a telegraph pole of their own accord: none of the parties said a word . . . One of the four or five men climbed the telegraph pole and put the rope over the wire and they raised him up, on their own accord, and after a few seconds let him down again.” After Vega recovered enough to talk, McMains interrogated him.

This process was repeated until McMains got all the information he was looking for. Then the Reverend returned to the Poñil River ranch where he and Low were staying the night and left Vega to the mercy of the now-drunken mob. McMains said later that he thought they were too drunk to do Vega any real damage. But shortly after McMains reached the ranch house, he and Low heard gunshots. “My God!” McMains exclaimed. “I fear these are the shots that kill Cruz Vega.”

And he was right. Vega’s body was found the next morning near the base of the telegraph pole. A clump of hair from his bashed-in head lay nearby and rope burns circled his neck.

Ironically, the information McMains gathered that night acquitted Vega of Tolby’s murder. Although Vega admitted that he’d witnessed the killing, he identified Manual Cardenas of Elizabethtown as the shooter. So the murderer was still at large. The saga of Reverend Tolby’s murder wasn’t quite over, and more deaths would ensue before it was. . . . Stay tuned.

Sources: Las Vegas Gazette, Nov. 14, 1875. Las Vegas Gazette, August 25, 1877.

 

 

Reverend McMains Hunts Franklin Tolby’s Killer

In Fall 1875, when Rev. Oscar P. McMains took over for the murdered Rev. Franklin J. Tolby, he provided more than ministerial services. He also played detective, and went to work hunting for Tolby’s killer. Colfax County’s collective finger pointed at Cruz Vega, a Civil War veteran who’d run the mail right past the spot in Cimarron Canyon where Tolby had died September 14th. But Vega hadn’t reported seeing Tolby’s body, which many locals deemed mighty suspicious.

Rev. McMains wanted badly to talk with Vega, but he was having trouble locating him. When he did find him, he was going to have another problem: McMains didn’t speak Spanish, the Mexican-born Vega’s native (and apparently only) language.

10 22 17 illustration.Oscar P. McMains
Source: NM Conference United Methodist History Journal, Nov. 2011

McMains first attempted to locate Vega through Isaiah Rinehart, the rancher that Territorial Governor Samuel Axtell would appoint Colfax County Sheriff the following spring. While Rinehart believed that Vega knew something about Tolby’s death, he declined to get involved: a logical stance for someone who wanted to stay in good standing with the Santa Fe Ring-enmeshed Governor. After all, the Ring was suspected of ordering Reverend Tolby’s execution.

But Reverend McMains was not a man to bow to the mighty or those connected to them, and he didn’t give up. Sometime in the period between October 21 and October 26, he convinced local miner and rancher William Lowe to help him “find” Cruz Vega in Lowe’s Ponil Creek cornfields north of Cimarron. Lowe agreed to hire Vega to watch his fields over the Halloween weekend and McMains arranged to be there with a translator on Saturday, October 30. What happened that night was a story worthy of Halloween. Stay tuned. . .

Sources: David L. Caffey, Chasing the Santa Fe Ring, UNM Press, 2014; Las Vegas Gazette, August 25, 1877; Chuck Parsons, Clay Allison, Portrait of a Shootist, Pioneer Book Publishers, 1983. Will Steinsiek, “O.P. McMains, The Agitator” in New Mexico Conference United Methodist History Journal, Nov. 2011.

Governor Offers Reward for Reverend Tolby’s Killer

On Thursday, October 7, 1875, three weeks after Reverend Franklin J. Tolby’s body was found shot in the back in Cimarron Canyon, New Mexico’s Territorial Governor Samuel B. Axtell announced a $500 reward for the apprehension and conviction of Tolby’s murderer. The proclamation, published in the Friday, October 8 Las Vegas Gazette, seems to indicate that the Governor felt pressured to offer the reward. “A large number of highly reputable citizens of Colfax County, including the county officers, local magistrates, local business owners, and publishers of the local newspapers” had petitioned the governor to issue the proclamation.

Las Vegas Gazette.10 8 1875.Tolby.clipped

The Governor’s apparent lack of enthusiasm lends supports to a local theory that members of the Santa Fe Ring were behind Tolby’s murder. The Governor was thought to be, at the very least, a tool of the Ring, which included Thomas B. Catron, Colfax County Probate Judge Dr. R. H. Longwill, and others, and would play a role in the Lincoln County War in the late 1870’s.

Whether the reward offer had anything to do with what happened in Colfax County in the following weeks isn’t known. What is known is that local attempts to identify Tolby’s murderer would lead to more deaths, one of them far more violent than a mere shot in the back. Stay tuned . . .

Sources: Las Vegas Gazette, October 8, 1875; David L. Caffey, Chasing the Santa Fe Ring¸ UNM Press, 2014.

Reverend Tolby Assassinated!!!!

On Thursday, September 16, 1875, 142 years ago today, the body of Methodist missionary Franklin J. Tolby was found lying beside the Cimarron Canyon road near the mouth of Clear Creek, shot in the back. He’d been there two days, killed while returning from church services at Elizabethtown. His horse was tethered nearby and none of Tolby’s goods were missing. It was clearly a case of assassination and many people believed they knew why he was killed. But who did it and who’d ordered the killing? Those were the burning questions that some people believe were never answered.

Tolby had begun preaching vehemently against the Maxwell Land Grant & Railway Company almost as soon as he’d arrived in Colfax County in early 1874. The Company had bought the Beaubien-Miranda Grant from Lucien B. Maxwell and his wife four years before. The fact that the Grant boundaries were disputed wasn’t going to stop them from maximizing their profits from every bit of its roughly 1.9 million acres. They would use whatever means necessary to keep anyone they deemed a squatter off the Grant, even people the Maxwells had work/share agreements with prior to the sale.

Tolby murder illustration.9 18 1875 Las Vegas Gazette
Source: Las Vegas Gazette, Sept. 18, 1875

The 33 year old Reverend Tolby preached that the farmers and ranchers were more in the right than the Grant people. After all, the U.S. Department of the Interior had ordered the grant land to be treated as public, which made it available to homesteaders.

In addition, Tolby advocated that part of the grant be set aside a reservation for the bands of Utes and Arapahoes who traditionally hunted there. And he said so quite strongly.

Tolby became increasingly annoying to the Company, whose board of directors included Dr. Robert Longwill (Colfax County Probate Judge), Stephen B. Elkins (New Mexico Territorial delegate to Congress), and Thomas B. Catron (U.S. Attorney for New Mexico Territory), all members of the Santa Fe Ring and working hard to extract as much money as possible from the Territory in general and the former Maxwell Grant in particular.

Any of these men and their associates, including Cimarron Attorney Melvin W. Mills and its part-time Justice of the Peace (who was Mills’ office clerk) had reason to wish Tolby dead. After all, the Reverend was interfering with their business interests! But consensus among the anti-Grant folks in the County was that none of the Ring men were likely to dirty their hands with the actual deed itself. In fact, many suspected substitute mail carrier Cruz Vega of killing Tolby. After all, Vega’s Tuesday, September 14 mail route took him through the Cimarron Canyon, but he hadn’t reported seeing a body. This seemed mighty suspicious. Clearly, he knew something.

But Vega spoke only Spanish, which was a problem for the primarily English-speaking men who suspected him. They couldn’t find out what he knew. And they weren’t getting much help from the County’s Spanish-speaking population.

But there was another stubborn Methodist minister in Cimarron, and this one would prove to be even more tenacious than his predecessor. Rev. Tolby’s assistant Rev. Oscar P. McMains was now in charge, and he was hell bent on finding out what Vega knew. It would take six weeks before that confrontation occurred, and when it did it would create even more havoc. Stay tuned . . .

Sources: David L. Caffey, Chasing the Santa Fe Ring, UNM Press, 2014; Moreno Valley Writers Guild, Lure, Lore and Legends of the Moreno Valley, Columbine Books 1997; Chuck Parsons, Clay Allison, Portrait of a Shootist, Pioneer Book Publishers, 1983; Stephen Zimmer, For Good or Bad, People of the Cimarron Country, Stephen Zimmer, Sunstone Press, 1999.

LONGER THAN USUAL

Mary Tolby frowned at the potatoes she was peeling, then out the kitchen window at the dusty Cimarron sky. It seemed as if a grit-filled wind had blown every day of the eighteen months since she and Franklin had arrived here to begin his Methodist Episcopal mission work. Mary sighed, washed her hands, and lifted the towel sheltering her rising bread dough. It was taking longer than usual to double its size. But then, Franklin was taking longer than usual to return from his Sunday services at Elizabethtown. He was usually back before Tuesday noon, following his meeting with the church board and various other discussions on Monday.

Mary frowned and looked out the window again. There was so much dust in the air, she could hardly see the sun. Franklin was undoubtedly talking with someone in Etown or Ute Park about the Maxwell Land Grant and its wholesale eviction of the small farmers who’d been here before the present corporation had purchased the grant.

She shook her head and turned back to her work. She very much doubted that her husband was speaking with anyone about the state of their soul. Not many people in Colfax County seemed to care about God or religion. Land and water were all that mattered. That and gold. How she longed sometimes for Indiana!

* * *

Two days before, the man had hovered outside Etown’s tiny Protestant church just long enough to confirm that Franklin Tolby was preaching there. He couldn’t stay longer: the air sucked out of his lungs at the thought of Tolby’s teachings, so contrary to Holy Church. But it was long enough to confirm that the heretic minister would be traveling down-canyon this Tuesday morning, as he always did after a Sunday in Elizabethtown.

The man waited now, rifle tucked to his chest, in the shadow of the big ponderosa at the mouth of Clear Creek. How pleasant it would be to stop the minister’s preaching. The men who’d paid him to silence Tolby had other reasons for desiring his death, reasons of power and money and land. The waiting man cared nothing for those things, although the gold they’d given him would be useful enough. He could  leave the grant now, take his family someplace where americanos had not yet stolen the land from those who farmed it, those whose fathers had tilled it before them.

He turned his head, listening. Someone was coming: A man singing a raucous heretical hymn. Tolby, most certainly. The minister would stop at Clear Creek as usual, to water his horse and drink from the hollowed-out wooden trough placed there for the refreshment of travelers. His back would be to the big ponderosa. But there was no dishonor in shooting a heretic in the back: a man who would steal one’s very soul if he could, destroy the very fabric of one’s Catholic life.

The rider in his clay-brown coat dismounted and the gunman eased into position. He held his breath as his finger touched the trigger, squeezing so gently and slowly that Tolby dropped to the ground before the shooter registered the sound of the bullet’s discharge, saw the neat hole it made in the brown coat.

Copyright © 2016, 2017 Loretta Miles Tollefson

 

 

 

Willow Creek Mining District Reorganizes

On Sunday, August 25, 1867, the miners of New Mexico Territory’s Willow Creek Mining District  organized themselves for the second time that year. They’d done a rush job in June. With miners pouring onto the slopes of Baldy Mountain, there hadn’t been time for organizing and mining too. But it didn’t look like things were going to settle down any time soon: There were up to 7,000 miners in the region, and activity everywhere. On Willow Creek alone, over 350 placer claims would be staked between 1867 and 1868, from high up Baldy Mountain almost to the edge of what is now Eagle Nest Lake. With the staking of claims came the potential for conflict. The only answer was to take the time to reorganize, and Sunday seemed as good a day as any.

The new Willow Creek rules allowed four claims per miner. A man could file a ravine claim (200 feet along the bottom and from bank to bank); a hill claim (200 feet along the stream by 300 feet toward the ridge), a flat claim ( 300 feet by 300 feet); and a quartz or lode claim (300 feet along the lode, with no specified width). In addition, a man who discovered a new creek, hill, flat, or load claim could also file one extra claim of any of the four types. To be considered “alive,” a claim had to be worked one day in every ten and at least once within the 15 days after it was recorded.

The Willow Creek Mining District lay on the south slopes of Baldy Mountain, much of it within the boundaries of the 20th century town of Eagle Nest, NM. The District was bounded on the east and north by the ridges that extended south from Baldy, and on the west by a divide that separated the creek’s drainage from Anniseta Gulch, which ran west in the direction of Moreno Creek and Elizabethtown.

While it never produced much lode gold, the Willow Creek District yielded well to placer operations. In fact, at one point, the main channel of Willow Creek was the highest producing creek bottom along the south and west slopes of Baldy Mountain, topping both Humbug Gulch and Grouse Gulch (see the table below). In addition, a Willow Creek side canyon called Last Chance Gulch and an area at the head of this gulch called Last Chance Flats, were both rich in gold. As a result, the District’s placers brought in 40% of the area’s placer gold in 1868 and 1869 and remained just behind Grouse Gulch’s placer production throughout the next decade.

Aug. 25 illustration.Value of load and placer mining

The high levels of gold from Willow Creek may explain why there were at least twenty miners involved in an 1869 court fight over placer claims and water rights on the creek. The battle was not resolved until Spring 1870, when Lucien Maxwell intervened, purchased all the water rights in question, and then proceeded to lease them back to just a handful of individuals. Even though Maxwell was in the process of selling the land grant, he was keeping the Willow Creek Mining District water rights—perhaps its most lasting wealth—firmly in his own hands.

 

Sources: R. F. Pettit, Jr. “History of mining in Colfax County, New Mexico,” Taos-Raton-Spanish Peaks Country (New Mexico and Colorado), Northrop, S. A. & Read, C. B., eds., New Mexico Geological Society 17th Annual Fall Field Conference Guidebook, 128 p., 1966; R. F. Pettit, Jr., Mineral Resources in Colfax County, NM, NMBM&MR Open-File Report 15, 1946; Colfax County New Mexico real estate records.

 

ELEGANCE IN ETOWN

The men in Seligman’s Mercantile watched silently as the young woman in the trailing pale blue silk skirts swept out of the store.

“She’s a lardy dardy little thing, isn’t she now?” Charles Idle, the expatriate Englishman, asked. He shook his head and stretched his feet closer to the wood stove. “That dress and hat.”

Joseph Kinsinger spat a stream of tobacco toward the empty lard can by the stove. “Those silks ain’t gonna last long in this mud. And the wind’l take that hat.”

His brother Peter grinned. “You’re just worried Desi’s gonna see her and want a getup just like it,” he said.

“I wonder where’s she’s staying,” Idle said thoughtfully. “Hey Jim, where’d she say to deliver that sterling brush and comb set?”

The clerk hesitated, then shrugged. It would be all over town soon enough anyway. “The Moreno Hotel,” he said.

There was a short silence, then Idle said, “Well, I guess I’d better go see how my mine’s doing this morning,” and rose from his chair.

“I’ll bet,” Peter said sardonically, but Idle only smiled and went out.

from Moreno Valley Sketches, II

Lightning Strikes Missionaries in Cimarron Canyon

Exactly 146 years ago today, on Friday, August 4, 1871, three Methodist missionaries en route to Elizabethtown, New Mexico were struck by lightning and almost killed in Cimarron Canyon. Illinois natives Reverend N. S. Buckner and his 19 year old wife Annette had recently been appointed to take over Rev. Thomas Harwood’s responsibilities in Etown. They were travelling with Harwood, the man would go on to become the Methodist Bishop of New Mexico and co-found what is now the Harwood School in Albuquerque. The Buckners had just been assigned to assist him by taking over in Elizabethtown, where Harwood had dedicated a church building the year before.

The sun was beginning to set when Harwood and the Buckners reached the first section of Cimarron Canyon. Rev. Harwood’s buggy provided protection from the rain, so they weren’t uncomfortable. In fact, they were enjoying the thunderstorm and discussing the properties of electricity, when suddenly, thunder crashed, lightning flashed, and the smell of sulfur filled the air. The buggy itself had been struck and its passengers stunned to immobility. The force of the strike tore two large holes in the ground underneath the wheels, broke the crossbar behind the horses, and knocked the animals themselves off their feet.

Once the Buckners and Harwood were able to move again, they left the horses and walked back towards Cimarron “under the blazing lightnings and almost deafening thunder, muddy, wet and barefoot, . . . three miles to the nearest American house, and thence in wagon to Cimarron City” (Harwood, Vol. I, 129).

Aug 4 illustration.Thomas Harwood photo

Although they were all still feeling the effects of their lightning experience, the next morning, the little group of  missionaries were back in the canyon, this time on the Saturday stage to Elizabethtown, where the men preached at the morning and evening church services the next day.

It was an inauspicious beginning to the Buckner’s work in New Mexico Territory and things don’t seem to have improved much after that. Elizabethtown was a center of resistance to the Maxwell Land Grant Company’s plan to dispossess the area’s miners, ranchers, and farmers of their land. The town was rife with tension. The Buckners returned to Colorado in 1872. A year and a half later, in January  1874, they were replaced by Rev. Franklin J. Tolby, who lived in Cimarron but held services in Elizabethtown on a regular basis. Tolby himself would not last long. He was gunned down on September 14, 1875 on his way home from the Elizabethtown church, a date that many consider to be the beginning of the Colfax County War.

For fiction based on Reverend Tolby’s life and assassination, and historical information about his death, see my May 24, 2017 post and watch for them throughout September.

 

Source: Thomas Harwood, History of New Mexico Spanish and English Missions of the Methodist Episcopal Church, Vol. I and II, El Albogado Press, Albuquerque, 1910; Lawrence R. Murphy, Philmont, A History of New Mexico’s Cimarron Country, UNM Press, 1972, Albuquerque; ttps://www.timeanddate.com/calendar/?year=1871&country=1 accessed 7/17/2017