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

MAKE IT STOP

“Make it stop,” the little boy moaned. He rubbed his ears with his fingers and rocked himself back and forth in his mother’s lap. “Mama, please make it stop.”

“I wish I could,” Alma said, stroking his golden hair. She pulled him closer to her chest, then began moving the rocking chair rhythmically back and forth.

“It hurts,” he whimpered.

“I know.” She gazed out the window at the clouds scudding across the Moreno Valley sky. The spring winds had always been a sign to her of coming warmth and green things sprouting. Until now. Until the pain from the changing air pressure had reduced her energy-filled child into a whimpering puppy hiding in her lap.

The rocking chair’s rhythm and the warmth of her arms was relaxing him into sleep. She  stroked his head gently and he snuggled closer. Alma smiled. She had planned to start turning the garden soil today. It could wait until tomorrow, she decided. Until the wind had subsided at least a little.

© 2016 Loretta Miles Tollefson

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 collasping, 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 Valley of the Eagles