Reverend Tolby Assassinated!!!!

On Thursday, September 16, 1875, 142 years ago today, the body of Methodist missionary Franklin J. Tolby was found lying beside the Cimarron Canyon road near the mouth of Clear Creek, shot in the back. He’d been there two days, killed while returning from church services at Elizabethtown. His horse was tethered nearby and none of Tolby’s goods were missing. It was clearly a case of assassination and many people believed they knew why he was killed. But who did it and who’d ordered the killing? Those were the burning questions that some people believe were never answered.

Tolby had begun preaching vehemently against the Maxwell Land Grant & Railway Company almost as soon as he’d arrived in Colfax County in early 1874. The Company had bought the Beaubien-Miranda Grant from Lucien B. Maxwell and his wife four years before. The fact that the Grant boundaries were disputed wasn’t going to stop them from maximizing their profits from every bit of its roughly 1.9 million acres. They would use whatever means necessary to keep anyone they deemed a squatter off the Grant, even people the Maxwells had work/share agreements with prior to the sale.

Tolby murder illustration.9 18 1875 Las Vegas Gazette
Source: Las Vegas Gazette, Sept. 18, 1875

The 33 year old Reverend Tolby preached that the farmers and ranchers were more in the right than the Grant people. After all, the U.S. Department of the Interior had ordered the grant land to be treated as public, which made it available to homesteaders.

In addition, Tolby advocated that part of the grant be set aside a reservation for the bands of Utes and Arapahoes who traditionally hunted there. And he said so quite strongly.

Tolby became increasingly annoying to the Company, whose board of directors included Dr. Robert Longwill (Colfax County Probate Judge), Stephen B. Elkins (New Mexico Territorial delegate to Congress), and Thomas B. Catron (U.S. Attorney for New Mexico Territory), all members of the Santa Fe Ring and working hard to extract as much money as possible from the Territory in general and the former Maxwell Grant in particular.

Any of these men and their associates, including Cimarron Attorney Melvin W. Mills and its part-time Justice of the Peace (who was Mills’ office clerk) had reason to wish Tolby dead. After all, the Reverend was interfering with their business interests! But consensus among the anti-Grant folks in the County was that none of the Ring men were likely to dirty their hands with the actual deed itself. In fact, many suspected substitute mail carrier Cruz Vega of killing Tolby. After all, Vega’s Tuesday, September 14 mail route took him through the Cimarron Canyon, but he hadn’t reported seeing a body. This seemed mighty suspicious. Clearly, he knew something.

But Vega spoke only Spanish, which was a problem for the primarily English-speaking men who suspected him. They couldn’t find out what he knew. And they weren’t getting much help from the County’s Spanish-speaking population.

But there was another stubborn Methodist minister in Cimarron, and this one would prove to be even more tenacious than his predecessor. Rev. Tolby’s assistant Rev. Oscar P. McMains was now in charge, and he was hell bent on finding out what Vega knew. It would take six weeks before that confrontation occurred, and when it did it would create even more havoc. Stay tuned . . .

Sources: David L. Caffey, Chasing the Santa Fe Ring, UNM Press, 2014; Moreno Valley Writers Guild, Lure, Lore and Legends of the Moreno Valley, Columbine Books 1997; Chuck Parsons, Clay Allison, Portrait of a Shootist, Pioneer Book Publishers, 1983; Stephen Zimmer, For Good or Bad, People of the Cimarron Country, Stephen Zimmer, Sunstone Press, 1999.

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CHICKEN FEED

Andrew had pilfered some of the chicken feed and scattered it on the snow for the finches.

Suzanna shook her head as she looked out the window. “That child,” she said.

“What’d he do now?” his father asked. He was sitting near the fire, mending mule harness.

“How did you know it was Andrew I spoke of?”

“You had that tone.” He smiled at her.

A small boy appeared on the ladder from the loft as Suzanna said, “There is chicken feed scattered outside, and the chickens are still penned up against the cold.”

The boy stopped suddenly, then began retreating upward.

“That’s not gonna work, son,” his father said.

“Perhaps next summer you should gather grass seed and set it aside for the birds,” Suzanna said, without turning.

He came to stand beside her. “They’re pretty, aren’t they?”

“And you are incorrigible.” She reached out to ruffle his hair.

from Moreno Valley Sketches I

Obsession

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

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

Her husband picked absently at his food. “It’s a moral outrage,” he said. “They have no right.”

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

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

Franklin’s eyes focused on her for a split second, then his head snapped up, as if he were listening to something outside the house. “And the Indians,” he said. “With this much land, there’s room for them also.” He paused for a long moment, fork in the air, then said, “Excuse me,” dropped his frayed linen napkin onto the table, and hurried from the room. She heard him scrabbling through the papers on his desk as he prepared to write down whatever had just come to him.

Mary sighed and reached to cover the food on his half-empty plate with a clean napkin. “Ruthie, eat your peas,” she said absently.

Copyright © 2016 Loretta Miles Tollefson

Half-Grown Pup

The half-grown pup had followed Old Pete and the mule from the Ute Indian encampment down-canyon. It was a gangly thing, large for an Indian dog, with dirt-matted curly black hair. Pete looked at it in disgust as it half-crouched at his feet.

“Damned if the thing ain’t smilin’,” Pete muttered. He poked the dog’s side with his foot. “You a doe or a buck?” The animal rolled over obligingly, paws in the air. “Buck.” Pete toed it again. “Well, you won’t last long, I expect. Be runnin’ off to the first camp with a bitch in heat.” He turned and twitched the mule’s lead rope. “Giddup.”

They trailed the Cimarron River up-canyon through the afternoon and settled into camp under an overhanging sandstone boulder as the light began to fade. It was still early: the sunlight went sooner as the canyon walls narrowed. But Old Pete was in no particular hurry and the pup was acting a mite tired.

“Gonna hafta keep up,” Pete told it as he cut pieces of venison off the haunch he’d traded from the Utes. The dog slunk toward the fire and Pete tossed it a scrap. “Too small fer my roaster anyway,” he muttered as he skewered a larger chunk onto a sharpened willow stick and lifted it over the flames.

Copyright © 2016 Loretta Miles Tollefson

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

 

 

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.”

from Moreno Valley Sketches

A Half-Broke Chestnut

Jerry was sitting on the top rail of the corral fence, twirling his lariat thoughtfully and studying the horses, when Betty came out of the house.

She scattered the grain to the chickens and crossed the yard to the corral.

“I don’t suppose you’d want a half-broke gelding for a birthday present,” he said, nodding at a chestnut-colored pony.

Betty chuckled. “Not ’til you break him.”

“He’s right pretty.”

“He is. And half-broke.”

He grinned. “You chicken?”

“Just smart. Married you, didn’t I?”

He smiled down at her as he unbuttoned his right shirt pocket with his left hand.

“How ’bout this instead?” He handed her a small plush-covered box.

“Oh Jerry,” she said. She opened the box. Two small diamond chips on a heart-shaped locket gleamed up at her in the sunlight.

“Oh Jerry,” she said again as he slipped down to give her a kiss.

from Moreno Valley Sketches II