“Things are changing, Mr. Maxwell.” Judge Joseph Palen set his whisky glass on the saloon table and looked around the room. “In another year or so, these ragged placer miners will be replaced by businessmen with laborers to do the rough work.”
Maxwell nodded, following his gaze. “And many of these men will be laborers, instead of independent men with claims of their own.”
“Claims so poorly worked they bring in barely enough to keep body and soul together.” Palen flicked a speck of dust from the sleeve of his dark broadcloth suit.
“That’s all that matters, I suppose.” Maxwell grimaced. “Efficiency.”
“It’s a large territory, and its resources are going to waste.”
“So they tell me,” Maxwell said. He shook his head, put his glass on the table, and reached for his battered black hat. “I’ve been here a long time, Mr. Palen, and I happen to like Nuevo Mexico’s lack of efficiency. So do most of the men in this room, I expect.” He stood, towering over the table. “Good day to you, Judge.” A mischievous smile flashed across his face. “And good luck.”
“Rues? Your last name is Roo-ess?” The young white man sitting at the Elizabethtown restaurant table looked at the old black man quizzically. “You mean Ruiz? Roo-eez? You got some Spanish in you?”
The cook shook his head. “All I know’s what my mama tol’ me,” he said. “My daddy was a Frenchman visiting ’round in Alabama. He stayed at the Big House for three weeks and took a shine to my mama while he was there. When I was born, she give me his last name.”
“Your master let her do that?”
The black man studied the plate of food in his hands for a long minute. “After the war, we could choose what last name we wanted,” he said quietly. “I chose my daddy’s name.”
“That food sure looks good,” the white man said. He moved his knife and fork farther apart on the bare wooden table.
Louis Rues put the plate down and turned away. He shook his head. People are people, no matter where you go, he thought ruefully as he went back to his stove.
“Why have a wife at all?” Joseph Herburger grumbled as he slammed out the door into Elizabethtown’s morning cold. “I still must feed myself.” He gripped his stone masonry tools in his mittened hands and scowled at the icy December wind. Dolores had been too busy with the children to prepare a hot meal. She seemed to forget where her first duty lay.
The irritation stayed with him all day, as he chipped out the headstone for a small child in the cemetery on the hill. When he was done, he gathered his tools and glanced eastward. Baldy Mountain loomed against a darkening sky. The sweet scent of burning Ponderosa pine drifted from cabin chimneys. Joseph shrugged, scowled, and stomped down the mud-frozen path toward home.
But as he opened the door, there was the smell of just-baked bread and the sound of Dolores laughing.
“Say it again, mamá!” little George demanded.
“Dijo el gallo: ¡Cocorocó! ¡Cristo nació!” Dolores said. She swung the baby in her arms to the rhythm of the words. “Said the cock, ¡Kokoroko! Christ is born!”
Georgie ran to his father. “¡Kokorokó!” he cried, flapping his arms. “I am a rooster! Cristo is born!”
Joseph laughed in spite of himself and scooped the child into his arms.
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.
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.
Sources: David L. Caffey, Chasing the Santa Fe Ring, UNM Press, 2014; Chuck Parsons, Clay Allison, portrait of a shootist, Pioneer Book Publishers, 1983
As Jorgé Ruibal wandered up the middle of the road toward Elizabethtown proper, the men outside the taberna watched him sympathetically. “El joven es como alma en pena,” Carlos Otero the jeweler said. “The young man is like a lost soul.”
“Si,” said the boy’s uncle. “He has lost his laborer job with Señor Bergmann. His papá is very angry with him.”
“I heard he was in love and that his love was unrequited,” Eduardo Suaso, the taberna’s musician, said.
María de la Luz, the boy’s cousin, appeared from around the corner of the building. She carried a basket of clean linens for delivery to Henri Lambert’s Etown restaurant and hotel. She gazed at Jorgé, who’d stopped to poke his foot at a stone in the road. “He wants to leave here, but his mamá is unwilling,” she said.
Jorgé, oblivious to these speculations, still stood in the dusty street, poking at the stone with his boot. It was so inert and yet so full of a kind of compressed energy. He looked east, toward the massive bulk of Baldy Mountain. The gullies that swung out from its sides were full of rocks and men scrambling through them looking for gold. Yet the mountain bulked there impassively, impervious to the miners who crawled over it. Jorgé crammed his hands in his pockets and stared upward, drinking in its stony greenness, its lack of engagement with the tiny men poking at its skin.
Outside the taberna, the americano miner called Hobart Mitchell came to the door with a drink in his hand and considered the staring boy. “He looks like’n idiot, standin’ there,” Mitchell said. “Touched in the head.”
The others all nodded noncommittally and continued to gaze sympathetically after Jorgé as he wandered on up the road.
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.
The tiny Elizabethtown church reeked with the late June stench of unwashed miners, but Dr. Robert Longwill pressed through the door anyway. He could just see the top of Reverend Tolby’s blond head at the front of the room. On Cimarron’s dusty streets, the little man’s carefully groomed handlebar mustache had often given Longwill the urge to laugh, but here in Etown the miners weren’t snickering.
Tolby’s voice filled the room. “The Maxwell Land Grant Company has no right to the land on which your mines rest,” he said flatly. “You work the land and bring forth value from it. They sit in their offices and collect the rewards of your God-driven labor. Let us be done with such greed! Let us return to the scriptural truth that a man must work by the sweat of his brow and reap the labor of his hands!”
Dr. Longwill eased out the church door and down the hillside, toward the livery stable where he’d left his horse. “The man’s been here less than six months, and already he’s an expert on the Grant and the miners’ rights,” he muttered bitterly. Which wouldn’t be a problem, if the miners weren’t listening to him.