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.

 

Shadows

Dusk was falling on the back country road. The old car rattled on the washboard surface. Susan was driving, giving Carl a break. It had been a long and discouraging day. A shadow moved across the road ahead of her and she slowed. Carl opened his eyes.

“I thought I saw a deer,” she told him. “Up there on the left.”

He leaned forward, scanning the bank. “Stop a minute,” he said. “Look right there, next to the big ponderosa.”

She braked and looked, blinked and looked again. “That’s not a deer,” she whispered.

He shook his head. “It’s a cat. A big one.”

“A cougar,” she said. “Awesome.” And then there was nothing to see but shadows, rocks, and trees.

They grinned at each other. What a great day.

from Moreno Valley Sketches II

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.

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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/.

Taos Heiress Marries Mountain Man

maxwell-beaubien-marriage-record-pages-blended
The marriage record for Lucien B. Maxwell and Maria de la Luz Beaubien

On March 27, 1842, 12 year old María de la Luz Beaubien of Taos, New Mexico, married the mountain man and  merchant Lucien B. Maxwell. Maxwell was 23 years old and had been in Nuevo Mexico six or seven years. María de la Luz, commonly called “Luz,” was the oldest daughter of French Canadian-born Carlos Beaubien and María Paula (Paulita) Lobato. She would be 13 years old in June 1842. A beautiful girl, she had dark hair and hazel eyes. The year before Luz’ marriage, the Mexican government had granted her father and Nuevo Mexico’s Provincial Secretary Guadalupe Miranda joint ownership of the vast swath of land that would become the Maxwell Land Grant after Carlos Beaubien’s death in 1862. Witnesses to the Maxwell/Beaubien alliance included future New Mexico Territorial Governor Charles Bent and Maria Ignacia Jaramillo, Kit Carson’s future sister-in-law. Padre José Antonio Martinez officiated.

Sources: Harriet Freiberger, Lucien Maxwell, Vision or Visionary, Sunstone Press, Santa Fe. 1999, p. 41, 47; María E. Montoya, <a href="http://Translating Property: The Maxwell Land Grant and the Conflict over Land in the American West, 1840-1900” target=”_blank”> University of California Press, Berkeley, p. 50; https://familysearch.org/search/film/007854398?i=119

 

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Wild Knowledge

He wasn’t a man to pay much attention to girl children, but this one was different. She didn’t seem interested in cooking or clothes. More likely, she’d be in the canyon, fishing the Cimarron River. Her brother was the dreamy one, the one watching the fish swim ’stead of trying to catch ’em.

So the man was surprised when she came around the curve of the path and stopped to watch him cook the wild carrot root. He’d cut off the flowers and was slicing the root into the pot on the fire.

“Good eatin’,” he told her. “Back home, they say these make your eyes strong.”

She frowned. “Not that,” she said, shaking her head.

He was hungry. He lifted the last piece to his mouth.

“No!” she said sharply.

He raised an eyebrow at her and lowered his hand.

“That isn’t carrot,” she said. “It’s poison hemlock.”

from Moreno Valley Sketches

Eagle Nest Dam Finally Begins Construction

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Eagle Nest dam early in the construction process. Source: NM State Engineer’s Office.

On the brink of what would become known as World War I, in March 1917, construction on the Eagle Nest dam and reservoir at the head of the Cimarron Canyon had finally gotten  underway. The project had been held up for nine years while the Cimarron Valley Land Company, under the leadership of Charles Springer, fought to acquire the land that would be flooded by the impounded waters. Long-time Moreno Valley property owner Mary Gallagher had fought valiantly against the project, but when she died in 1916, her eight children seem to have quickly capitulated to the company’s demands. The deeds for the condemned lands were handed over on January 17, 1917, and work commenced. Even with the shortages in material, equipment, supplies, and laborers as a result of the war in Europe, construction proceeded rapidly and the dam was 90 percent complete by mid-December that year.

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Mary Gallagher’s 1907 letter protesting the dam and reservoir. Source: Office of the NM State Engineer

Sources: Charles Springer affidavit dated Jan. 29, 1921; Gallagher protest letter dated January 31, 1908.

 

Future Urraca Ranch Property Sells For $660

In March 1861, Lucien Maxwell and Charles Beaubien sold what is now the Urraca Ranch wealthy Taos merchant Peter Joseph for $660. A Portuguese immigrant, Joseph had trapped and traded with Maxwell and Carson during their mountain man days. Although he died less than a year after the property transfer, in that time Joseph had a ten acre piece of the land (probably along Urraca Creek) surrounded with a board fence so it could be farmed. The eastern border of the Joseph Ranch was the Old Santa Fe Trail between Rayado and Cimarron and its western border was the Cimarron mountains. On the south, it was bounded by the Maxwell/Abreu properties at Rayado, and on the north by the ridge that separated the waters flowing into the Urraca and Cimarroncito creeks.

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Antonio Joseph. Source: https://en.wikipedia.org/wiki/Antonio_Joseph_(politician)

About five years after Peter Joseph’s death, his sixteen year old son Antonio gained full control of the property. In 1880, he sold the land to speculator Frank R. Sherwin for $8,500, almost thirteen times his father’s original investment. Antonio Joseph went on to become New Mexico Territory’s representative to Congress from 1884 to 1894 and to play an important role in the fight for New Mexico statehood.

 

Sources: Lawrence R. Murphy, Philmont a history of New Mexico’s Cimarron Country, UNM Press, Albuquerque, p. 135;     1880 Colfax County Census data; David V. Holtby, Forty-Seventh Star, U of Oklahoma Press, Norman, p. 7-15, 286.

 

 


 

Fishing

Almost as soon as he woke that morning, he decided to go fishing. There were chores to do, sure, but the sky was slightly overcast and the breeze was light and cool on his skin when he stepped onto the cabin’s porch. Good fishing weather.

He let the chickens out of their pen and gathered the eggs, then cut himself some bread. The cow hadn’t calved yet, so there was no butter, but that was all right.

He collected his pole and headed to the river. As he settled onto his heels just below the beaver ponds, he heard the swoosh of wings overhead. He looked up. A bald eagle was settling itself onto a snag at the head of the pool. A heron stood in the water below, apparently ignoring both eagle and man.

“Why in tarnation would any man want to live in a town?” the man wondered.

from Moreno Valley Sketches

Elizabethtown is Named Colfax County Seat

 

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Elizabethtown, circa 1868

In early March 1869, the first election ever held in Colfax County centered on two questions: Would Elizabethtown be the county seat? Who would be Probate Judge? The voters decided that Elizabethtown (also known as Etown) would indeed be the county seat and that Lucien Maxwell, by a large majority, would be probate judge. He received almost unanimous support in Cimarron and Ute Park, where he owned much of the land and employed the majority of the residents.

maxwell-probate-court-case-true-bill-cropped
April 1870 New Mexico District 1 Court Transcript

There seems to have been some irregularity in the way Maxwell carried out his duties, because the Territory of New Mexico brought a lawsuit against him the following Spring for neglecting to hold probate court. By the time he paid the $50 fine for this offence, in the Fall of 1870, he had sold the Maxwell land grant and was in the process of moving to the recently-abandoned Fort Sumner on the Pecos River.

Sources: Lawrence R. Murphy, Philmont a history of New Mexico’s Cimarron Country, UNM Press, Albuquerque, p. 97; Spring and Fall 1870 NM Territory Court Records, District 1, Case #92