DECISION POINT

DECISION POINT

Five years after the Great Rebellion had ended, Benjamin 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 had collapsed, anyway. Played out before he even got here.

“I’ve been too late since the day I was born,” he muttered as he put his whisky glass on the long wooden bar.

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

“Where’s Elizabethtown?”

“New Mexico Territory. East of Taos somewheres.” Benjamin nodded and pushed himself away from the bar. “Elizabethtown,” he repeated as he hitched up his trousers. “Now there’s an idea.”

from Valley of the Eagles

DANGER SIGNS

DANGER SIGNS

“I sure could do with some raised biscuits,” Peter Kinsinger said over his shoulder as he and his brother Joseph trudged east through the snow toward the top of Palo Flechado Pass.

He hitched the aspen pole that supported the yearling elk carcass between them into a more comfortable spot on his shoulder. “I hear tell Kennedy’s wife knows how to make ’em real good. His place is only a few miles now and his prices are reasonable.”

“You could wait for Elmira’s biscuits,” Joseph said. “She’ll be waitin’ on us.” He hadn’t liked the looks of the Kennedy cabin when they’d passed it on their way into the Pass and Taos Canyon beyond. They now had the meat they’d been hunting and he was tired of November snow and cold.

Peter turned his head and grinned. “I’m a mite chilly, ain’t you? And thirsty. A fire and a little liquid refreshment would be a right comfort just about now.”

Joseph chuckled. Peter’s Elmira was a stickler about alcohol. Peter found it easier to stay away from the Elizabethtown saloons than to experience her tongue when he stumbled home from them.

But a man deserved a nip now and then. And with the weather so inclement, it was unlikely there’d be anyone else drinking the liquor or eating the meals that Kennedy sold to passersby.

“It is mighty cold out here,” he acknowledged. “And we’re still a good ways from home.”

The road leveled out at the top of the Pass, then the brothers began to descend, careful of the icy patches in the shady spots. They were about a quarter of the way down the mountain when they heard the echo of first one rifle shot, then another.

“Sounds like Kennedy’s huntin’ too,” Peter said.

“You may not get that drink after all,” Joseph said. “I hear tell his woman don’t open that cabin door if he ain’t there.”

“Too bad,” Peter said. “I truly am thirsty.”

Joseph chuckled. “It’s still a ways. Maybe he’ll be back before we get there.”

But when they came within sight of the Kennedy place three-quarters of an hour later, they both forgot all about liquid refreshments.

A man lay face down in the middle of the frozen dirt track that skirted the Kennedy hollow. The snow and dirt were splashed red with blood. Charles Kennedy’s bear-like form crouched beside the sprawled body.

The Kinsinger brothers eased their elk to the side of the road and hurried forward.

Kennedy looked up, his black beard bristling around a perpetually angry mouth, his eyes watchful. “Injuns,” he said.

Peter and Joseph looked at each other, then Kennedy.

“Is he dead?” Peter asked.

Kennedy nodded. “I fought the Injuns off.” He stood and gestured toward the cabin. “Bullet holes in th’ door.” He nudged the dead man’s torso with the side of his boot. “Greenhorn ran.”

Joseph leaned down, reached for the man’s shoulder, and rolled him over. “I don’t recognize him.”

“Came from Taos,” Kennedy said. “Merchant there. So he said.”

Joseph straightened and looked away, down the road to Elizabethtown.

“When’d it happen?” Peter asked.

“Couple hours ago,” Kennedy said.

 The Kinsingers nodded, eyes raking the hollow and bloody snow, careful not to look at each other or Charles Kennedy.

“Well, we have meat to get home,” Joseph said. “We’ll tell the Sheriff’s deputy in Etown, and he can come fetch the body.” He looked down. “Whoever he is, I expect his Taos friends’ll be wantin’ to give him a proper burial.”

Kennedy nodded. He stood next to the dead man and raked his fingers through his beard as the Kinsingers returned to their elk, hoisted its carrying pole onto their shoulders, and trudged past him.

The brothers were out of sight over the rise to the northeast before either of them spoke.

“Injuns my hat,” Peter said over his shoulder.

Joseph spat into the snow at the side of the road. “Sure a convenient excuse though, ain’t they?”

“We didn’t see anything different,” Peter pointed out.

“Wouldn’t want to get crosswise of that one,” Joseph agreed. They trudged morosely on up the valley toward Elizabethtown.

from Old One Eye Pete

BUZZARD BRAINS

BUZZARD BRAINS

“He ain’t got the brains God gave a buzzard,” the old man grumbled. He picked up his mattock and glared at the black-hatted figure retreating down the bottom of Humbug Gulch toward Elizabethtown. Then he looked uphill, toward Baldy Peak. “Idiot can’t even figure out there’s a storm up there and this gully likely t’wash out in another half hour.” He sniffed disdainfully and went back to work, breaking rock on the gully’s southern lip, searching for the gold that was bound to be there if a man worked the stones long enough.

The young man in the black bowler hat chewed thoughtfully on his lower lip as he trudged down the center of the gulch through the gravel and broken rock. He’d offered every dollar he had for the claim, but the miner clearly wasn’t interested in selling. He shook his head. There must be other options.

Halfway down the gulch, he paused to catch his breath and gaze at the mountain above. That dark cloud spoke rain. Given the southeast position of the cloud and the angle of the gulch, it was unlikely that particular cloudburst would wet this particular gully. However, just to be on the safe side, he moved halfway up the gully’s north slope before he continued his downward trek.

The sun was glaringly bright on the dry rocks. The young man sat down on a large sandstone boulder and took off his hat. He brushed at the dust on the black felt and shook his head. He needed to find something lighter weight and less apt to show dust. He’d keep wearing this in the meantime, though. If nothing else, it protected him from sunstroke. He glanced down at the shadowed side of his rocky seat and grinned. Like this boulder was protecting that bit of grass, growing here among the pitiless rocks where no plant had a right to be.

The young man’s eyes narrowed and he leaned forward. He shaded the clump of grass with his hat and peered down at it and the rocks around it. Then he straightened abruptly, glanced up the gully where the miner had gone back to work, and slid off the boulder. He crouched beside the big rock and gently pried a piece of broken quartz from the ground. He turned it slowly back and forth, examining every facet and seam.

Five minutes later, the young man sat back on his heels and turned the rock again, just to be certain. Then he picked up a stick and poked around a bit in the ground beside the boulder. He nodded thoughtfully, then stood and looked carefully at the gulch’s rocky slopes for any sign of possession. But this piece of land clearly hadn’t been claimed. Apparently, no one had thought there was gold this far down Humbug Gulch.

The young man chuckled, tucked the piece of quartz into his pocket, clapped his dusty black hat on his head, and headed into Elizabethtown to file the necessary paperwork for his claim.  

from Old One Eye Pete

THICKER’N SNOT

“It’s s’posed to be August, dadburn it.” Julius Fairfield looked gloomily out the door of the long, narrow log cabin that served as the Quartz Mill & Lode Mining Company barracks outside of Elizabethtown. “This fog is thicker’n snot.”

In one of the iron beds lining the walls behind him, somebody sneezed. “And there’s the snot for ye,” Edward Kelly, the company’s lone Irishman, chortled as he added more wood to the pot belly stove halfway down the room.

A door opened at the far end and the chief engineer came out. He ignored the men in the beds as he walked down the room to peer over Fairfield’s shoulder. “That fog’ll lift shortly,” he said. He clapped Fairfield on the back. “Be thankful it’s not rain.”

“That was yesterday’s gift to us all,” Fairfield said gloomily. He shook his head. “And here I thought New Mexico Territory’d be drier than New York.” He grinned and glanced at the engineer. “When’d you say payday was?”

Behind them, Kelly began to sing a song praising Ireland and its green hills, and a chorus of voices yowled at him to be still. The engineer chuckled and turned. “That’s enough now!” he said.

from Valley of the Eagles

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.

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

ICY MORNING

At first, the girl thought it was snowing, the tiny flakes glinting in the early morning sun. Then she saw they were miniscule ice crystals, floating from the cabin’s cedar-shake roof and the long green needles of the ponderosas looming above it: sparkling flecks of ice drifting through the air like frozen sunlight. She held her breath for a long moment, taking it in.

Then her mother opened the heavy wood-plank cabin door behind her. “It’s freezing out there!” she exclaimed. “What are you doing? You’ll catch your death!” And the girl turned reluctantly toward the house.

from Valley of the Eagles

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 Valley of the Eagles

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 Valley of the Eagles

REPRIEVE

“Please don’t shoot him, Papa.”

Gerald lowered the gun and looked down at the boy. “Coyote’ve been nipping at the elk all spring and they left tracks by that half-eaten calf up the hill.”

Andrew shook his head. “He didn’t kill that calf, Papa.”

Gerald frowned. “You know that for a fact?”

Andrew hesitated, then nodded. “I’ve been watching him. He lets me get mighty close. He’s not as skittish as the others.”

“You’ve been following that coyote around?”

The boy scuffed the muddy ground with his boot. “I was curious.” He lifted his head. “The calf was dead when he ate off it.”

Gerald shook his head. “You are something else,” he said. He scanned the valley. The coyote was still visible. It trotted purposefully across the far side of the grassy slope beyond the meandering creek. “We’d best head back,” he said. “They’ll be waiting dinner on us.”

Copyright © 2015 Loretta Miles Tollefson