MAXWELL BEFORE THE BAR, 2 of 3

“You have an interest in a number of cases before this court,” Judge Palen said sharply.

Lucien Maxwell nodded and tilted his head toward the old lawyer beside him. “Mr. Wheaton is my designated attorney.” He raised an eyebrow. “I believe that releases me from the need to be present.” He adjusted his right foot higher on his left knee.

“You have been indicted on a serious charge.” Palen leaned forward. “That indictment requires your attendance.”

“The Probate Court issue?” Maxwell lifted 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 thinned. “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 stared at him for a long moment, then turned 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 tightened, then he nodded slightly and readjusted his right foot on his knee.

Moreno Valley Sketches II

Mixed Experiences for Wool Ranchers on the Santa Fe Trail

In early May 1868, Hispanic sheep ranchers from across Northeast New Mexico headed east on the Santa Fe Trail from Las Vegas. Five hundred men were taking 200 ox-drawn wagons filled with wool to the Eastern markets. The ranchers had no sacks for theit wool, but that didn’t stop them. They piled their cargo into their wagons, tramped it down, covered it with sheets, and moved out.

The ranchers’ caravan included at least 3200 oxen and over 500 horses and mules. To protect the animals not actually pulling cargo, the wagons traveled in two parallel columns, with the horses and extra oxen between them. About 100 men rode in front to watch for hostile Indians.

May 4 blog illustration
Source: http://www.oregontrailcenter.org/HistoricalTrails/MulesOrOxen.htm

 

The Arkansas River was in flood when they reached it, and the caravan rested on the south bank for three days and waited for the water to subside. The crossing itself took another six days. The wagons full of wool were so heavy that 14 pairs of oxen were needed to get each one safely to the other shore.

Once everyone was across, relays of escorts from the newly established Santa Fe trail military forts accompanied the train to its destination. All in all, it seems to have been a good experience and the ranchers returned to New Mexico with a satisfactory financial outcome.

Their experience was a good deal more positive than Charles Blanchard’s later that year.  Blanchard, a French-Canadian who’d settled in Las Vegas a few years before, also hauled loose wool east on the Trail that summer. He and 12 other men took their cargo to Ellsworth, Kansas, the then-terminal end of the Kansas Pacific Railroad. They reached Ellsworth in July and Blanchard sold his wool and traded his ox team and $2000 in cash for 66 mules and 10 wagons.

So far so good. But shortly after Blanchard and his friends headed towards home, they were attacked by Indians, who ran off all the caravan’s animals, including Blanchard’s new mules. The 13 men took refuge at Fort Dodge, where they remained until October, when the trail was deemed to be again safe for traffic.

Clearly, the lesson here for men looking for new wool markets in the late 1860’s was to go early in the Summer, and well armed with vecinos.

Source: Howard Bryan, Wildest of the Wild West, 1988, Clear Light Publishers, Santa Fe

MAXWELL BEFORE THE BAR, 1 of 3

Lucien Bonaparte Maxwell, richest man in northern New Mexico Territory, sat on one of the mismatched chairs in Elizabethtown’s makeshift Colfax County courtroom and studied the man sitting behind the Judge’s table. He’d sat at such tables himself, though he doubted he’d ever looked so uncomfortable. Joseph Palen looked out of place here in this rough mining town and angry that it had the audacity to call itself a county seat. Apparently disapproved of Nuevo Mexico, too, for that matter.

Maxwell felt the impulse to laugh, but instead lifted his right foot to his left knee and watched the crowd gather. Most of the men nodded to him politely, touching their foreheads in a kind of salute, and he nodded back. They were good people, he mused. Knew what they wanted, had no pretense about them.

Beside him, the old attorney Wheaton muttered, “Here we go,” and Judge Palen gaveled the room to attention.

“Apparently, Mr. Maxwell has deigned to honor us with his presence,” Palen said, glaring at Lucien.

Maxwell resisted the impulse to straighten his spine and put both feet on the floor. “I believe you asked to see me,” he said coolly.

Moreno Valley Sketches II

Fur Smuggling in New Mexico, 1827

In April 1827, as Thomas L. Smith returned from a rough, though productive, fur trapping season, he learned that there was a new Mexican Governor in New Mexico and he not as sympathetic as past administrations had been to Americans who trapped without the required permits. In fact, the new Governor was on the hunt for Americans with illegal furs.

Smith decided that the only way to protect his plews was to smuggle them to Taos, where the border was more porous and he was likely find someone willing to take the risk of smuggling them over the Mexican/American border to Missouri. Accordingly, Smith and his trapping partners skirted Santa Fe and headed north.

April 27 illustration.Thomas Smith.Hafen Vol IV
Source: Mountain Men and the Fur Trade of the Southwest, Vol. IV, Leroy R. Hafen

After a close brush with the law at an outlying cabin, they made it to the small settlement of Riitos. Here, they hid the packs of furs among the trees and stopped for breakfast. The people were neighborly and came out to offer the trappers tortillas and eggs. However, the local kids  discovered the packs in the trees. Smith did some quick thinking and explained that the furs were hidden because the sun would damage them. No one objected to this explanation, and the trappers continued on their way.

They hid the furs in a cave near the Rio Grande and rode into Taos the next day, where Smith was able to make the necessary arrangements. Although illegal and somewhat dangerous, Smith’s approach seems to have been the wiser one.

Ewing Young’s party cached their furs a little too close to Santa Fe, in the Pena Blanca home of a gentleman named Cabeza de Baca. De Baca’s help led to distaser for his family: When the soldiers arrived to confiscate the furs, there was an altercation and de Baca was killed.

Young’s furs were lost as well. When Young attempted to retrieve them from the Santa Fe authorities, he was imprisoned and only released when he came down with a debilitating fever. Eventually, the furs were sold at a fraction of their value. It’s unclear who ended up receiving the little money they brought in.

So, while Thomas Smith circumvented the law, he did make a profit. Ewing Young wasn’t so fortunate. It was a lesson that the American trappers would take to heart. The Mexican government would continue to try to keep the trappers under control, and the Americans would do their best to avoid that supervision.

Sources: Mountain Men and the Fur Trade of the Far West, Vol. IV, Leroy Hafen, Arthur H. Clarke Company, Spokane, 1966; The Taos Trappers, David J. Weber, U of Oklahoma, Norman, 1971.

LIFE LESSON

“So many things just don’t matter, really,” her grandmother said.

Helen laid her head against the old woman’s shoulder. “He said I didn’t make him happy,” she said, fighting back tears. “I tried so hard, Grandma.”

“I’m sure you did. We girls do that.” Her grandmother sighed. “That is the one thing I would do differently, if I could do it all over again.”

Helen pulled back and looked at her grandmother’s pensive face. “What do you mean?”

“I wouldn’t have tried so hard to make other people happy,” she said. “I would have realized that it can’t be done.” She patted Helen’s hand, and then gripped it hard, emphasizing her words. “You are not responsible for his happiness, Helen. He has to find that himself. And only you are responsible for yours.” She loosened her grip. “I learned that lesson much too late,” she said sadly.

Copyright © 2013 Loretta Miles Tollefson

 

Mexico Establishes Citizenship Requirements

On Monday, April 14, 1828, Mexico’s Congress spelled out the conditions under which foreigners could become Mexican citizens. The rules were simple: They had to have lived in Mexico at least two years and be Roman Catholic, employed, and well-behaved. If these conditions were met, the governor of the Deparment could issue a certificate of citizenship.

It seems to have taken a while for word about the new law to get to New Mexico, but once it did, at least twelve French-Canadians and Americans applied for citizenship the following year. One of these men was John Rowland, trapper, trader, and owner of both a Taos flour mill and a Taos Lightning distillery.

April 14 illustration.John Rowland.Hafen Vol IV
John Rowland. Source: Mountain Men and the Fur Trade of the Southwest, Vol. IV, Leroy R. Hafen

Rowland didn’t remain in New Mexico, although he did remain a Mexican citizen. In 1840, he and his England-born distillery partner William Workman, supposedly without their knowledge or consent, were named temporary commissioners for the Republic of Texas. Feelings against Texas were strong in northern New Mexico and the two men’s apparent support for Texas and the hated 1841 Texas-Santa Fe expedition was enough to make New Mexico too hot for them. In 1841, they emigrated to California.

Both men did well in California. Workman became an important figure in the Los Angeles business community and Rowland became one of California’s most important wine manufacturers while continuing his work to produce both flour and distilled spirits. He died in 1873 and was buried in the cemetary of the Catholic church built on the 48,790 acre Rancho la Puente, which he co-owned with Workman.

Sources: Mountain Men and the Fur Trade of the Far West, Vol. IV, Leroy Hafen, Arthur H. Clarke Company, Spokane, 1966; The Taos Trappers, David J. Weber, U of Oklahoma, Norman, 1971.  www.homesteadmuseum.org

JUST A MAN

“I seen him! I seen him!” The boy stopped, breathless, just inside the kitchen door.

“You mean you saw him.” His mother shook her head at him as she lifted the lid from the Dutch oven in the fireplace to check the biscuits. She smiled. “Who did you see?”

“Kit Carson! He was on the other side of the street, going into the Governor’s house.”

She nodded. “I heard this morning that he was back. What is he like?”

His shoulders sagged. “He didn’t look anything like the pictures in the book Grandpa gave me when we left Kansas City.”

“That was just a story,” she pointed out. She turned to stir the great pot of venison stew.

“I know,” he said. “But he wasn’t what I expected at all. He’s just a man.”

Copyright © 2013 Loretta Miles Tollefson

By the Judge in His Sternness

On Thursday, March 28, 1861, in Las Vegas, New Mexico Territory, Judge Kirby Benedict sentenced Sapello resident Paula Angel to hang for murdering her lover Juan Miguel Martin after he broke off the relationship. Inexplicably, Judge Benedict granted Angel’s lawyer, Spruce M. Baird, permission to appeal the verdict, but then ordered that the appeal could not be used as to delay her execution. In addition, Benedict ordered Angel to pay the cost for her trial and hanging.

While this sounds unfair, territorial law called for cost to be “recovered” from a convicted defendant. It was common for the property of convicted defendants to be auctioned off and the proceeds used to pay court costs. The Territory paid a convicted defendants prosecution costs only if the Sheriff certified that they weren’t able to pay and had no salable property.

March 28.Kirby Benedict.Twitchell Leading Facts Vol II
Source: Leading Facts of New Mexico History,
R. E. Twitchell

Paula Angel was hanged on April 26, 1861. She is believed to be the only woman hanged in New Mexico Territory. But she hasn’t been forgotten partly because popular poet, and her cousin, Juan Angel wrote a long folk ballad about her crime and death. Here are a few of the lines.

To Las Vegas I was taken

by the judge in his sternness;

in the jail. I was placed,

surrounded by a thousand fears,

like a disgraced woman

in the town of Sorrows.

The jurors judged me

according to my crime;

to death. They sentenced me

because I killed Miguelitio. . .

Goodbye, pious women,

those of you who know how to feel;

look closely, do not become entangled,

do not allow yourself to be seduced.

Open your eyes, do not desire

a death like mine.

Sources: Howard Bryan, Wildest of the Wild West, Clear Light Publishers, Santa Fe, 1991; Aurelio M. Espinosa, The Folklore of Spain in the American Southwest, U of Oklahoma Press, Norman, 1985; Robert J. Torrez, Myth of the Hanging Tree, U of NM Press, Albuquerque, 2008.

 

INHERITANCE

In the middle of the night, the baby began wailing frantically.

“¡A redo vaya! Good heavens!” Ramona said, sitting up in bed. As she slipped from the blankets, Carlos grunted but didn’t open his eyes. Ramona paused to look down at him, and shook her head. How a man could sleep through that much crying was beyond her comprehension. He must be very tired from the digging he did for the Baldy Mountain miners every day.

As she crossed the room to the baby, she rubbed her ears with her fingers. The Spring wind was howling, which always made them uncomfortable.

She lifted Carlito from his blankets and opened her nightdress. He began suckling eagerly, whimpering a little as he did so, and rubbing his free hand against the side of his head.

So his ears were uncomfortable, too. She looked down at him as she walked the floor, and sighed. He had a lifetime of discomfort before him and there was nothing she could do about it.

Moreno Valley Sketches II

Every Man for Himself

In March 1867 Larry Bronson, Peter Kinsinger, and R.P. Kelley returned to Willow Creek and the gold they found there the previous fall. Now they were back, even though others were there before them. But even though they weren’t first on the scene, they still managed to do well by themselves, with five 200 foot claims near their original discovery point.

It’s not clear whether anyone had yet contacted the man who owned the land that they were so busily excavating. Willow Creek ran from Baldy Mountain into the canyon of the Cimarron River. All of the land in question was part of the Maxwell land grant owned by Lucien Bonaparte Maxwell and his wife Maria de la Luz Beaubien, whose inheritance it was.

Bronson, Kinsinger, and Kelly took out 14 ounces of gold that summer alone, then contracted for water rights from Bear and Willow Canyons so they could proceed on a larger scale. This involved moving from gold pan mining to hydraulic equipment. With 40 inches of water and 6 inch hoses to spray the rocks out of the hillsides, the company they formed became one of most productive operations on Willow Creek.

In the end, even Lucien Maxwell and his wife did well, partly as a result of the value of the Baldy Mountain area mining. In early 1870, they sold the entire land grant to a consortium of European investors, while retaining key portions of the grant, including mining claims on the east side of Baldy and water rights along Willow Creek. The men who bought the grant seem to have been confident that they also would do well from the gold and silver mines. However, things didn’t pan out quite as they’d hoped. The Maxwell Land Grant and Railway Company was in default by the early 1880s.

But then again, right from the beginning, mining in the area had been based on “every man for himself.”

Sources: Moreno Valley Writers Guild, Lure, Lore and Legends of the Moreno Valley, Columbine Books, Angel Fire, 1997; Larry R. Murphy, Philmont, A History of New Mexico’s Cimarron Country, UNM Press, 1972; Leo E Oliva, Fort Union and the Frontier Army in the Southwest, Division of History, National Park Service, Santa Fe, 1993; J. Rush Pierce, Red River City, JRP Publications, Red River, 2008; 1870 U.S. Census Records, Elizabeth City precinct; 1880 U.S. Census Records, Baldy/Ute Park precinct.