First Divorce

Augusta Meinert stood firmly in the center of the makeshift courtroom, her eyes on the judge. At thirty-seven, she was still attractive, though the stubborn tilt to her chin said she didn’t often take “no” for an answer.

Judge Watts studied her. “You understand what divorce means?” He spoke slowly, as if unsure her English could withstand the strain of the concept.

Augusta’s chin went up. “I understand no longer the bastard takes the money I earn.” A ripple of suppressed laughter ran through the onlookers behind her. She turned and glared, and the men fell silent.

“You will be a marked woman,” Judge Watts warned. “This isn’t Germany.”

She frowned. “In Germany, he takes my money, and I can do nothing.” She smiled suddenly, her eyes twinkling. “It is why I like America.”

The Judge nodded and gaveled the rough wooden planks of the table before him. “The first divorce in Colfax County, New Mexico Territory, is hereby declared final,” he announced.

from Moreno Valley Sketches II

Troops Save Gold Miner From Etown Mob

On Thursday, April 9, 1868, gold prospector William “Wall” W. Henderson killed a man in Humbug Gulch east of Elizabethtown, New Mexico Territory. Being a law-abiding man, Henderson went to Etown to turn himself into the authorities. The authorities seem to have been fairly weak at the time, because a mob of about eighty men threatened to take matters into their own hands. Fortunately, a messenger was able to reach the Fort Union cavalry troops stationed thirty miles away at Maxwell’s Ranch (today’s Cimarron) in time to request assistance.

April 9 illustration.Humbug Gulch Map
Source: 1889 Sectional map of Colfax & Mora Counties, New Mexico Territory

A sergeant and ten men travelled up Cimarron canyon overnight to reach Elizabethtown early the next morning and disperse the mob. They took Henderson back to Maxwell’s, out of harm’s way, and the miners went back to work. In fact, things calmed so much that Henderson returned to Elizabethtown and went back to mining. He was still there the following year, when he served as a member of the petit jury during the Colfax County District Court’s 1869 Spring session. And he did well financially. By the summer of 1870, Henderson had amassed $5,000 in real estate.

That year, he also stood security for Charles Kennedy’s bond to appear before the Fall Court response to embezzlement and assault charges. Ironically, Kennedy himself would be lynched by an Etown mob later that fall, following accusations that he’d killed and robbed a series of men at his cabin about ten miles south of Humbug Gulch.

Sources: Fort Union and the Frontier Army in the Southwest, Leo E. Oliva, Southwest Cultural Resources Center, National Park Service, 1993; 1870 Colfax County Census, Etown precinct; New Mexico Territory District 1 Court Records, 1869 through 1870.

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Calling the Jury, Elizabethtown, New Mexico Territory

Judge Palen flattened his palms against the rough wooden table that served as the Court bench and scowled at Sheriff Calhoun. “Are you telling me that you called twenty-one men for jury duty and only seven showed up?”

Calhoun was a big man, but he fingered the broad-brimmed hat in his hands like a schoolboy. “Yes, sir.”

“Well, go get fourteen more.”

The Sheriff nodded, turned, and crossed the creaking wooden floor.

Palen turned his attention to his seven potential jury members. “All right,” he said. “Now how many of you are going to have good excuses for not fulfilling your civic duty?”

Three of them sheepishly raised their hands. Palen nodded to his court clerk to begin taking their excuses and closed his eyes. And he’d thought this appointment as Chief Justice of New Mexico Territory and Judge of its First Judicial District was a logical step up from postmaster of Hudson, New York. He suppressed a sigh. How he missed the broad sweep of the river, the bustle of the town’s port. He grimaced and opened his eyes. Only four jurymen left. Damn this town, anyway. The whole of New Mexico Territory, for that matter.

from Moreno Valley Sketches II

 

 

New Mexico Territory’s Chief Justice is Fooled Again

Friday, April 1 was the first day of the Spring 1870 Court session in Colfax County, New Mexico Territory, and Judge Joseph G. Palen must have thought someone had pulled an April Fool’s joke on him. At the end of the 1869 Fall session, he’d made three local men responsible for selecting jurors for the Spring term, but it hadn’t done much good. Only six of the identified grand jury members had showed up, so the Judge ordered Sheriff Andrew J. Calhoun to bring in 15 more potential jurors. Which he did but eleven of them had excuses. The 57-year-old Harvard-educated Judge Palen must have wished he’d never accepted President Ulysses S. Grant’s offer to promote him from Hudson, New York postmaster to Chief Justice of the New Mexico Territorial Court and therefore Judge of the Territory’s First District, which included Colfax County.

April 1 illustration.1870 court transcript.resized

Something similar had happened at the beginning of the Fall 1869 session, Judge Palen’s first in Colfax County, and he’d thought he’d solved the problem by giving E.B. Dennison, Benjamin F. Houx, and John Sutton the task of ensuring there’d be enough jurors for the Spring Session. But even their fellow citizens couldn’t corral the miners and ranchers of Colfax County to do their civic duty.

Late that day, the Sheriff finally brought in enough men to fill out the grand jury panel, none of them with reasons strong enough excuse them from the task. However, Palen still had no petit jury members. It was the morning of Tuesday, April 5 before he had both panels in place. Which wouldn’t have been too much of a problem, except that the court session was scheduled to end on Saturday, April 9. There wasn’t much time to address the over 70 separate actions that came before the court during the week-long Spring 1870 session.

Sources: Chasing the Santa Fe Ring, David L. Caffey, UNM Press, 2014; Colfax County District Court Civil and Criminal Record 1, 1869-1871, Serial No. 14400; The Leading Facts of New Mexico History Vol. II, Ralph E. Twitchell, Sunstone Press, 2007.

 

Future St. James Hotel Owner Marries Virginia Belle

On March 28, 1868, former Fifth Army Corps cook Frenchman Henri Lambert married Anna E. “Molly” Stepp of Petersburg, Virginia, where Henri had been operating a restaurant following his service in the Union Army. Shortly after their marriage, Henry and Mary made their way to Denver by train and then south by wagon to Elizabethtown, where they arrived in May, 1868. Here, Henry worked as a placer miner until Fall set in, when he opened the first of the two hotels he would own in Colfax County. In the fall of 1871, the Lamberts moved to Cimarron, where Henri opened the saloon which would form the first story and basis of today’s St. James Hotel. Although Henri and Mary never had children, they did share their Elizabethtown home with her younger brother Nathan and in the mid 1870’s adopted a New Mexican boy named Jacob. Another brother, William, died September 1, 1881, less than two months before Mary’s death on October 28.

lambert-census-1870
1870 Elizabethtown, NM Census Record for the Lambert hotel and its occupants

Sources: http://genealogytrails.com/newmex/colfax/biographies.htm#lambert March 2015; Ralph E. Twitchell, The Leading Facts of New Mexico History, Torch Press, Cedar Rapid, Iowa, 1911. p. 212; 1870 and 1880 Colfax County Census data; George B. Anderson, History of New Mexico, Its Resources and People, Pacific State Publishing Co., New York, 1907.  p. 696-697; https://www.findagrave.com/.

Moreno Valley’s Serial Killer Gets Married

kennedy-cortez-marriage-record

On Thursday, February 28, 1867, Charles Kennedy married Gregoria Cortes at the Nuestra Senora de Guadalupe Church in Taos. Gregoria was the fourteen year old daughter of widower José Cortez of La Cordillera del Rancho, about two miles west of Mora. Charles was the 28 year old son of William and Fanny Canady (aka Kennedy) of Tennessee. Gregoria and Charles settled in the Moreno Valley at the foot of Palo Flechado Pass, on the road from Elizabethtown to Taos. There they kept a way station for travelers, and Charles Kennedy became embroiled in a series of lawsuits: one for selling liquor without a license, another for assaulting an Elizabethtown merchant with a deadly weapon, and still another for embezzling an Elizabethtown laborer’s money and goods. Kennedy was suspected of other nefarious activities, but nothing could be proven. Then, one day in the fall of 1870, his then seventeen year old wife appeared in Etown and denounced Kennedy as a serial killer. The subsequent Elizabethtown trial and lynching would make the Santa Fe, Silver City, and Indianapolis newspapers. The Silver City report said Kennedy claimed just prior to his lynching that he’d killed twenty-one men.

Decision Point

Three years after the Great Rebellion, Henry still drifted. There was nothing behind him in Georgia and nothing further west than San Francisco. Not that he wanted to go there. The California gold fields were played out.

But he needed to get out of Denver. A man could stand town life only so long and he’d been here three months. The Colorado gold fields were collapsing, anyway. Played out before he even got here.

“Been too late since the day I was born,” he muttered, putting his whisky glass on the long wooden bar.

“I hear tell there’s gold in Elizabethtown,” the bartender said. He reached for Henry’s glass and began wiping it out. He knew Henry’s pockets were empty.

“Where’s Elizabethtown?”

“New Mexico Territory. Near Taos somewheres.”

Henry nodded and pushed himself away from the bar. “Elizabethtown,” he repeated as he hitched up his trousers. “Now there’s an idea.”

 from Moreno Valley Sketches

Why “Colfax” County?

On January 25, 1869, eighteen months after Elizabethtown, New Mexico was founded in Mora County, New Mexico’s Territorial Legislature cut the County into two pieces and renamed the northern section Colfax County, in honor of the new U.S. Vice President Schuyler Colfax. Elizabethtown became the county seat. Schuyler Colfax had visited northern New Mexico Territory in late 1868, shortly before being sworn in as Ulysses S. Grant’s Vice President. Colfax was a journalist and politician from Indiana and was expected to one day be President.

schuyler-colfax

Unfortunately, the Grant administration scandals ruined those hopes, as well as the hopes of those who thought naming the County after him would be a smart move. When it was created, Colfax County included the entire Maxwell Land Grant, except for 265,000 acres in southern Colorado, and extended to the Texas/Oklahoma border, encompassing what is now Harding and Union County.

Sources: Lure, Lore, and Legends of the Moreno Valley. Angel Fire, NM: Moreno Valley Writers Guild, 1997: 5.  Daniel, Clifton. Chronicle of America. Mount Kisco, NY: Chronicle Publications, 1988: 408.

Misnomer

“Who you callin’ squirt?” The tall young man with the long sun bleached hair moved toward him down the bar, broad shoulders tense under his heavy flannel shirt.

“I didn’t mean anything,” the man said apologetically. The premature wrinkles in his face were creased with dirt.  Clearly a local pit miner. He gestured toward the tables. “I heard them callin’ you that. Thought it was your name.”

“Only my oldest friends call me that,” the young man said.

“Sorry ’bout that,” the other man said. He stuck out his hand. “Name’s Pete. They call me Gold Dust Pete, ’cuz that’s all I’ve come up with so far.”

They shook. “I’m Alfred,” the younger man said. “My grandfather called me Squirt. It kinda got passed down as a joke when I started getting my growth on.”

Pete chuckled. “I can see why it was funny,” he agreed. “Have a drink?”

from Moreno Valley Sketches

Virginia City, New Mexico is Born. And Dies.

On January 6, 1868 Lucien Bonaparte Maxwell, co-owner of the Maxwell land grant, announced a public auction of 400 lots in Virginia City, a new town six miles east of today’s Elizabethtown. The new town was located along Willow Creek on Baldy Mountain’s southern slopes and  named after Maxwell’s seventeen-year-old daughter, Virginia.

lucien-maxwell

Unfortunately, the town got off to a slow start. Only fifteen houses were in the next two months. Due to poor sales, the town had collapsed by the time Virginia married U.S. Army officer A.S.B Keyes two years later without Maxwell’s permission. What little remains of Virginia City is now on private property.

Sources: Urban, Jack. C.. Lure, Lore, and Legends of the Moreno Valley. Angel Fire, NM: Moreno Valley Writers Guild, 1997: 32.  Murphy, Larry R. Philmont. A History of New Mexico’s Cimarron Country. Albuquerque: UNM Press, 1972: 90. Freiberger, Lucille. Lucien Maxwell: Villain or Visionary. Santa Fe: Sunstone Press, 1999: 103.