If you’ve read Jered Diamond’s Guns, Germs, and Steel (or even if you haven’t), you’ll want to watch this. Dr. Montgomery looks at the way violence structured how indigenous communities and Spanish settlers interacted in the 18th century, and uses her findings to argue against much of Diamond’s book. She’s not only an expert in the social, political, and economic practices of the Utes, Apaches, Comanches, and Spanish in the Taos region, she’s articulate and fun to listen to. I hope you like this as much as I did.
Category: Northern New Mexico
MAXWELL BEFORE THE BAR
Lucien Bonaparte Maxwell sits on one of the mismatched chairs in Elizabethtown’s makeshift Colfax County courtroom and studies the man behind the judge’s table. He’s sat at such tables himself, though he doubts he ever looked so uncomfortable. Joseph Palen looks out of place here in this rough mining town and angry that it has the audacity to call itself a county seat. He apparently disapproves of nuevomexico, too, for that matter.
Maxwell feels the impulse to laugh, but instead lifts his right foot to his left knee and watches the crowd gather. Most of the men nod to him politely, touching their foreheads in a kind of salute, and he nods back. They’re good people. Know what they want, have no pretense about them. He grins at Old Pete, who’s still wearing his hat, even inside the courtroom.
Beside him, the old attorney Theodore Wheaton mutters, “Here we go,” and Judge Palen gavels the room to attention.
“Apparently, Mr. Maxwell has deigned to honor us with his presence this morning,” Palen says, glaring at Lucien.
Maxwell resists the impulse to straighten his spine and put both feet on the floor. “I believe you wanted to see me,” he says coolly.
Judge Palen’s lips tighten. “You have an interest in a number of cases before this court.”
Maxwell nods and tilts his head toward the old lawyer beside him. “Mr. Wheaton is my designated attorney,” he says. “I believe that releases me from the need to be present.” He adjusts his right foot higher on his left knee.
“You have also been indicted on a serious charge.” Palen leans forward. “That indictment requires your attendance.”
“The probate court issue?” Maxwell lifts a shoulder. “We have an excellent probate court clerk. As you’ll see from his records, there was no need to hold formal court.”
Palen’s lips thin. “You committed to appearing on the first day of this session in regard to the indictment against you. It is now the fourth day.”
“I was unexpectedly detained.”
Palen stares at him for a long moment, then turns to the court clerk. “Let the record show that Mr. Maxwell has appeared and apologized for his failure to appear, and that we are satisfied no contempt was intended.”
Maxwell’s jaw tightens, then he nods slightly and pulls his right foot more firmly onto his knee. If that’s the way the man wants to play it, he can adjust.
~ ~ ~ ~
“Things are changing, Mr. Maxwell.” Judge Joseph Palen sets his whisky glass on the saloon table and looks 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 nods, following his gaze. “And many of these men will be laborers, instead of independent men with claims of their own,” he says ruefully.
“Claims so poorly worked they bring in barely enough to keep body and soul together.” Palen flicks a speck of dust from the sleeve of his dark broadcloth suit.
“That’s all that matters, I suppose.” Maxwell grimaces. “Efficiency.”
“It’s a large territory, and its resources are going to waste.”
“So they tell me,” Maxwell says. He shakes his head, puts his glass on the table, and reaches for his battered black hat. “I’ve been here a long time, Mr. Palen, and I happen to like nuevomexico’s lack of efficiency. So do most of the men in this room, I expect. Though none of us are averse to making a penny or two.” He stands, towering over the table. “Good day to you, Judge.” A mischievous smile flashes across his face. “And good luck.”[1]
from Old One Eye Pete
[1] This story is based on events that occurred during the Spring 1870 First Judicial District Court session in Elizabethtown, the Colfax County seat. Lucien Maxwell, as Colfax County Probate Judge, was indicted for not holding court, but the charges were dismissed. At the time, Maxwell and his wife were in the final stages of selling the Beaubien/Miranda Land Grant (aka the Maxwell Land Grant) to a consortium of English investors. Judge Joseph Palen was newly appointed to his position as Justice for the First District Court of New Mexico. He would go on to become an important member of the notorious Santa Fe Ring, which sought to monetize the agricultural and other assets of New Mexico Territory.
IMPATIENCE
“This gold. They have found it in large quantities?” The lanky teenage boy named Escubal Martinez poked a stick into the logs on the fire, moving them closer together. At the edge of the mountain valley, a coyote yipped. The Martinez clan’s flock of sheep shifted uneasily in the darkness beyond the firelight.
The Prussian-born traveler from Etown grinned. “Ja,” he said. “But it is hard work, the digging for gold.”
Escubal’s uncle Xavier grunted from the other side of the flames, where he was using a knife to carefully smooth out an uncomfortable bump on the grip of his walking staff. “Borregas y carneros.” He nodded at the boy. “That is wealth.”
Escubal scowled at the fire.
The traveler looked puzzled. “Carner?” he asked. “Meat is wealth?”
“No, Borregas y carneros,” Escubal said.”Ewes and rams.” He gestured impatiently toward the flock.
Xavier moved his staff in the firelight and ran his fingertips gently over the wood. “Carne y ropa,” he said meditatively. “Meat and clothes.”
“Ja,” the Prussian answered. “You are correct.”
Escubal scowled at the fire and the traveler smiled sympathetically. It was not easy to be young and impatient.
The boy poked at the fire again. It flared briefly, lighting the night, and the flock moved restlessly, waiting for morning.
from Valley of the Eagles
A GOOD ARRANGEMENT
As the man on the ridge watched, the herd of elk below suddenly broke and pounded across the icy stream toward the cover of the trees. Three wolves, two grays and a black, chased after them, then slowed and sat, watching them go. A young bull elk with a limp had lagged behind the herd, and the wolves appeared to be studying him. A raven cawed overhead.
The man smiled. The wolves had identified his target for him. He reached to lift the bow from his back. It was a good arrangement, he mused as he slipped down from the ridge and began circling to get downwind of the straggling bull. When he had finished with the elk, the wolves and ravens would attack the remains. “We will all eat well tonight,” he murmured. Which was good, because the elk herd would move more swiftly tomorrow, without the lagging one to slow them.
from Valley of the Eagles
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 Valley of the Eagles
NOTE: This tale, like most of the other stories in Valley of the Eagles, is based on an actual event. In this case, Augusta Meinert’s petition for divorce was the first heard in newly formed Colfax County in the Spring 1869 court session in Elizabethtown, New Mexico. For more details, see the footnote in the book.
Jicarilla Warriors put U.S. Dragoons to Flight!!!
On Thursday, March 30, 1854, in the mountains of New Mexico, the U.S. Army experienced its worst defeat at the hands of Native American warriors up to that time, west of the Mississippi. It would be another twelve years before larger losses occurred at the 1866 Fetterman defeat near Fort Phil Kearny, and another twenty-two before the Battle of the Little Big Horn.
The New Mexico clash wasn’t what the top brass had ordered. The dragoons from Cantonment Burgwin near Taos had been sent out under Lt. John W. Davidson to monitor the Jicarillas camped west of the traditional Spanish village of Cienequilla (today’s Pilar, New Mexico), not attack them.
There was a history of conflict between the Spanish settlers in the fertile little valley along the Rio Grande and the Jicarilla Apaches. The Jicarilla had been farming and hunting in the area well before 1795, when the Spanish governor granted land there to his settlers. The Apaches protested his decision and, in 1822, petitioned for their own grant of land in the area, but the settlers in Cienequilla and in Taos vigorously opposed the idea and the request was denied.
So the Jicarillas were left to farm and hunt where ever they could find space. By 1854, this was becoming more difficult, as American settlers moved into New Mexico and further reduced the supply of arable as well as hunting land.
Early that year, complaints against the Jicarillas had increased in the area east of the Rio Grande. The Territory’s top military officials were skeptical about the validity of many of these complaints, but in February credible reports began coming in that the Jicarillas were stealing livestock north of Fort Union. A few weeks later, a group of 45 Jicarilla lodges were reported to be camped near Mora, west of the Fort.
When soldiers led by West Point graduate Davidson went to investigate, they discovered that the Apaches had moved away from Mora and were headed west through the mountains. Davidson noted the “miserable quality of their arms and their mean shrinking deportment” and returned to Cantonment Burgwin, where he and his men were stationed, convinced the Apaches weren’t a threat.

Eight days later, he and his U.S. Second dragoons were ordered to the Cieneguilla area to observe the movements of the same band, but not to attack.
On March 30, two hours east of the Rio Grande, the dragoons found the Jicarilla camp. The order not to attack was apparently not obeyed. Someone fired a gun and by nightfall, at least a third of Davidson’s men were dead, with another third wounded, and 45 horses lost.
It must have been a shock to realize that the Jicarillas’ weapons weren’t quite as miserable, and their warriors nearly as shrinking, as Davidson had thought.
Source: David M. Johnson, Chris Adams, Larry Ludwig, and Charles C. Hawk, “Taos, the Jicarilla Apache, and the battle of Cienequilla,” Taos: A Topical History, Corina A. Santistevan and Julia Moore, Museum of New Mexico Press, Santa Fe, 2013; David Grant Noble, Pueblos, Villages, Forts And Trails A Guide To New Mexico’s Past, University of New Mexico Press, Albuquerque, 1994; Jerry D. Thompson, A Civil War History Of The New Mexico Volunteers And Militia, University of New Mexico Press, Albuquerque, 2015.
DUCK HUNTING
The girl lifted her skirts away from her feet and eased toward the small brown-mottled duck on the creek bank. It was busily investigating a small marshy area where water had seeped past the bank. Alma wished she’d brought her bow and arrows, but she’d been sent out to collect greens, not meat.
The duck had its back to her. Alma eased forward and crouched, getting into position. Her right foot pressed her skirt into the mud, but she didn’t notice.
The duck turned slightly. Alma lunged forward. As her hands touched the bird’s smooth feathers, her foot ground into her skirt, yanking her off balance. The duck flew off with a panicked series of quacks and Alma pitched forward into the mud.
“Hell and damnation!” she said angrily. “I hate dresses!”
She got to her feet and looked down ruefully. Her mother was not going to be happy.
from Valley of the Eagles
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 Valley of the Eagles
Book Review: Philmont, A History Of New Mexico’s Cimarron Country

ISBN: 9780826302441
The summer staff at the Boy Scouts of America Philmont Scout Ranch outside Cimarron, New Mexico are often working their first “real” job. For Lawrence R Murphy in the 1960s, that job became the springboard to a history degree and a master’s thesis on the Baldy Mountain mining district, part of which lies inside the Scout Ranch boundaries. Murphy’s thesis and other writings became the foundation for Philmont, A History Of New Mexico’s Cimarron Country.
But Philmont is much more than a history of Baldy Mountain or Philmont Scout Ranch. It’s also a history of Colfax County, New Mexico.
And it’s a thorough one. The book begins with the region’s plants and animals, then goes on to discuss the Native Americans who were present when the Spanish moved into the area and the uneasy truce and outright conflict between the two groups. It then moves on to the advent of fur trapping in the southern Rockies, the Santa Fe Trail, the establishment and settling of the Beaubien and Miranda Land Grant, and Lucien Bonapart Maxwell’s acquisition of the grant.
This section also covers construction of Fort Union, Cimarron’s role as an Indian agency, the discovery of gold on Baldy Mountain, the Colfax County War, and subsequent events on into the early 1900s.
For a book titled Philmont, this history provides remarkably little space to the actual acquisition and development of the Boy Scout ranch. As a result, its potential readership is far larger than the many Scouts who gather each year at the Ranch. For those of us interested in the history of New Mexico’s Colfax County, including the Colfax County War, it provides a great overview of events.
As a writer of historical fiction who focuses on Northern New Mexico, I found Philmont fascinating and useful as a springboard for my own research. I highly recommend this well-written history of the Boy Scouts of America Philmont Scout Ranch and its region.
ROTTEN QUARTZ
The three men and two mules stopped and stared up the mountainside. A fall of broken rock blocked their way.
“Well, shit!” Gus said. “How’re we supposed to get to that old mine shaft with this in the way?”
Herbert pulled off his hat and fanned his week-old beard. “Maybe we can go around.”
Alonzo pulled his suspenders away from his rounded belly and looked down and then up the sharply-angled slope. “Mules ain’t gonna like that,” he said.
“Guess we’re done then.” Gus rubbed his jaw. “Hell, I needed that gold.”
Herbert shrugged and began maneuvering the mules to face back down the mountainside.
Alonzo stared across the slope at the fractured stone. “That’s rotten quartz,” he said thoughtfully. He moved out onto the rocks.
“Careful there,” Gus said, but Alonzo only crouched down and stretched to pluck a piece from near the center of the rock fall. He turned it carefully. “Will you look at that,” he said wonderingly.
Gus and Herbert looked at each other, then Alonzo. He grinned back at them. “Might be this is as far’s we need to go,” he said. He lifted the quartz in his hand. “Looks like there’s gold enough right here!”
from Valley of the Eagles