OBSESSIONS

OBSESSIONS

“Did you know the Maxwell Land Grant Company is evicting people who’ve been farming here for decades?” the Reverend Franklin Tolby demands.

At the other end of the small pine table, Mary Tolby moves a raised biscuit from the chipped ceramic platter to her plate. “That’s terrible,” she says. “These biscuits are quite good this time. I think I’ve finally become used to that stove. Rachel, eat your peas or there’ll be no dessert.”

Her husband picks absently at his food. “It’s a moral outrage,” he says. “The Company has no right.”

Mary looks anxiously at his pale face. Since they arrived in Cimarron, Franklin has been on horseback constantly, west to Elizabethtown, south to Fort Union and beyond, yet his cheeks show no evidence of windburn or sun.

“I’ve made strawberry pie for desert,” she says. “An Indian girl came by selling berries. They’re very sweet. The result should be quite tasty.”

Franklin’s eyes focus on her for a split second, then his head snaps up, as if he’s listening to something outside the house. “And the Indians,” he says. “With this much land, there’s room for them also.” He pauses for a long moment, fork in the air, then says, “Excuse me,” drops his frayed linen napkin onto the table, and hurries from the room.

Mary can hear him scrabbling through the papers on his desk as he prepares to write down whatever has just come to him. She sighs and reaches to cover the food on his half-empty plate with a clean napkin. “Rachel, eat your peas,” she says absently.

~ ~ ~ ~

The tiny Elizabethtown church reeks with the late June stench of unwashed miners, but Dr. Robert Longwill presses through the door anyway. He nods at Old One Eye Pete, who’s standing to one side, his battered hat clasped politely in his hands.

Then the doctor focuses on the front of the room. He can just see the top of Reverend Tolby’s head. On Cimarron’s dusty streets, the little man’s carefully groomed handlebar mustache has often given Longwill the urge to laugh, but here in Etown the miners and old trappers aren’t snickering.

Tolby’s voice fills the room. “The Maxwell Land Grant Company has no right to the land on which your mines and farmlands rest,” he says flatly. “You work the land and bring forth value from it. They sit in their offices and collect the rewards of your God-driven labor. Let us be done with such greed! Let us return to the scriptural truth that a man must work by the sweat of his brow and reap the labor of his hands!”

Dr. Longwill eases out the church door and down the hillside, toward the livery stable where he left his horse. “That preacher’s been here less than six months, and already he’s an expert on the Grant and the miners’ and farmers’ rights,” he mutters bitterly. Which wouldn’t be a problem, if no one were listening to him.

~ ~ ~ ~

Mary Tolby frowns at the potatoes she’s peeling, then out the kitchen window at the dusty Cimarron sky. It seems as if a grit-filled wind has blown every day of the eighteen months since she and Franklin arrived here to begin his Methodist Episcopal mission work. Mary sighs, washes her hands, and lifts the towel that shelters her rising bread dough. It’s taking longer than usual to double its size.

But then, Franklin is taking longer than usual to return from his Sunday services at Elizabethtown. He’s usually back before Tuesday noon, following his meeting with the church board and various other discussions on Monday.

Mary frowns and looks out the window again. There’s so much dust in the air, she can hardly see the sun. Franklin’s undoubtedly talking with someone in Etown or Ute Park about the Maxwell Land Grant Company and its wholesale eviction of the miners and small farmers who were here before the corporation purchased the grant.

She shakes her head and returns to her work. She very much doubts that her husband is speaking with anyone about the state of their soul. Not that many people in Colfax County seem to care about God or religion. Land and water are all that matter. That and gold. How she longs sometimes for Indiana!

~ ~ ~ ~

Two days before, the man had hovered outside Etown’s tiny Protestant church just long enough to confirm that Franklin Tolby was preaching there. He couldn’t stay longer than a few minutes. The air sucked out of his lungs at the thought of Tolby’s teachings, so contrary to Holy Church. But he’d been there long enough to confirm that the heretic minister will be traveling down canyon this Tuesday morning, as he always does after a Sunday in Elizabethtown.

The man waits now, rifle tucked to his chest, in the shadow of the big ponderosa at the mouth of Clear Creek. How pleasant it will be to stop the minister’s preaching.

The men who are paying him to silence Tolby have other reasons for desiring his death, reasons of power and money and land. But the waiting man cares nothing for these things, although the gold they’ve given him will be useful enough. He can leave the grant now, take his family someplace where americanos have not yet stolen the land from those who know how to do something useful with it, those whose fathers tilled it before them.

He turns his head, listening. Someone is coming. A man singing a raucous heretical hymn. Tolby, most certainly. The minister will stop at Clear Creek as usual, to water his horse and drink from the hollowed-out wooden trough placed there for the refreshment of travelers.

His back will be to the big ponderosa that shields the man with the gun. But there is no dishonor in shooting a heretic in the back. A man who will steal one’s very soul if he can, destroy the very fabric of one’s Catholic life. The rider in his clay-brown coat dismounts and the gunman eases into position. He holds his breath as his finger touches the trigger, squeezing so gently and slowly that Tolby drops to the ground before the shooter registers the sound of the bullet’s discharge, sees the neat hole it makes in the shabby brown coat.

from Old One Eye Pete

U.S. Agency Triggers Colfax County War

On Wednesday, January 28, 1874, the U.S. Department of the Interior issued the order that began New Mexico’s Colfax County War.

The Department had decided to designate the approximately 2 million acres claimed by the Maxwell Land Grant and Railroad Company as public land, not private. This meant that the former Beaubien/Miranda land grant was now open to settlement under federal homestead laws.

The Interior Department’s decision was part of an ongoing dispute over the size of the Land Grrant. According to the Department, until that matter was settled in Federal Court, the land was public and therefore available to qualified homesteaders.

But the Land Grant Company wasn’t about to let anyone settle without payment on acreage they claimed as their own. And that payment certainly wasn’t going to go to the U.S. government.

In fact, the Company was already fighting settlers on the vast acreage they claimed. Their attorney, Frank Springer, was hard at work in New Mexico’s Territorial Courts, evicting anyone the Board believed shouldn’t be there. With evictions already occurring, opening the Grant lands to federal homestead claims was simply asking for more trouble.

Jan 28 illustration.Springer, Frank

And it came. If the Company couldn’t get rid of “squatters” through the courts, they’d try other strategies. This all cost money, of course, something that the Board was often short of. But even as the Company teetered on the edge of bankruptcy, its board members continued the fight. If this required extra-legal methods, then so be it.

Right about the time the Department of the Interior announced its decision, another factor arrived in Colfax County. His name was Reverend Franklin J. Tolby. Tolby believed that the Maxwell Land Grant and Railroad Company was taking more than its share of local resources. In fact, he advocated that some of the acreage in dispute be handed over to the Native Americans who’d hunted and lived there long before anyone even thought that American capitalists would have a use for it.

Tolby was articulate and people listened to him. This put him solidly in the sights of the Company’s board members. A lot had happened on the Grant up to this point: legal and extra-legal evictions, miners’ protests in Elizabethtown, meetings of concerned citizens in Cimarron, heated newspaper articles for and against the Grant Company. But none of that compared to what occurred after January 28, 1874. The Colfax County War was about to begin.

By the time it was over, Reverend Tolby and others would be dead, homesteaders would be burned or run out, and the Land Grant Company would be on the verge of yet another reorganization. The grant never did return the profit its investors had hoped for.

As with most wars, everyone got hurt in the end.

Source: David L. Caffey, Chasing the Santa Fe Ring, University of New Mexico Press, Albuquerque, 2014; Moreno Valley Writers Guild, Lower, Lower, and Legends, a history of northern New Mexico’s Moreno Valley, Columbine Books, 1997; Victor Westphal, Thomas Benton Catron and His Era, University of Arizona Press, Tucson, 1973; Stephen Zimmer, editor, For Good Or Bad, People Of The Cimarron Country, Sunstone Press, Santa Fe, 1999.

Who Shot Manuel Cardenas and Why?

On Wednesday, November 10, 1875 Manuel Cardenas was shot and killed by an unknown gunman in the short distance between the Colfax County jail and courtroom in Cimarron, New Mexico Territory. Cardenas had been on his way to tell the justice of the peace what he knew about the mid-September death of Methodist missionary Franklin J. Tolby. Because Cardenas died when he did, the mystery of who shot Reverend Tolby, and why, was never solved.

Tolby had been a bur under the Maxwell Land Grant Company’s saddle since he’d arrived in the Territory in early 1874. He pointed out that Congress had thrown the grant land was open to homesteaders and objected strenuously to the Company’s program against the settlers they called “squatters.” Because of Tolby’s status as a minister of the gospel, people listened to him and resisted the Land Gant Company’s enforcers.

When Tolby was killed in the Cimarron canyon in September, many thought Civil War veteran Cruz Vega was responsible. As a result, Vegas was tortured and killed, but before he died, Vega fingered Manuel Cardenas as the man who’d shot Tolby.

Cardenas, in turn, claimed that the now-dead Vega had killed the minister. More importantly, he asserted that three prominent members of the community—men who were believed to be part of the Santa Ring—had ordered the killing. Since members of the Ring had a controlling interest in the Maxwell Land Grant Company, Cardenas’ claim made a lot of sense to many Colfax county residents.

However, Cardenas had yet to make his accusations before the County Court. And he died before he could do so. Since his killer was never identified, questions about Tolby’s killing and its aftermath remain to this day: Who killed Manuel Cardenas and why? Was it a Cruz Vega adherent, revenging the aspersion on his good name? Was it Clay Allison or a member of the vigilante group that killed Cruz Vega, seeking vengeance for Reverend Tolby’s death? Or did the Santa Fe Ring send out a killer to take out their killer before he could officially name names? For that matter, who killed Reverend Tolby? Was it Cruz Vega or Manuel Cardenas? And did members of the Santa Fe Ring really put them up to it? If so, how far did the conspiracy go? The Governor’s office? Unless new evidence shows up now, 142 years later, we’ll never know for sure.

And so the saga of Reverend Tolby’s death ends with more questions raised than answered. This is the stuff that novels are made of!

Sources: Chuck Parsons, Clay Allison, portrait of a shootist, Pioneer Book Publishers, 1983; David L. Caffey, Chasing the Santa Fe Ring, UNM Press, 2014.