USA > New Mexico > History of New Mexico : its resources and people, Volume I > Part 35
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Lake Valley and vicinity organized a vigilance committee and succeeded in apprehending eighteen men who were suspected of being "rustlers." When captured these men confidently expected to be hanged without process of law, but, to their surprise, they were given a fair trial in the court of the district. Five of these were adjudged guilty and sentenced to the penitentiary for seven years each, and the remainder obeyed the order to leave the country. This act put an end for all time to the depreda- tions of cattle thieves in that part of the Territory.
The northeastern part of the Territory was thrown into a ferment in 1896 by the mysterious murder of Daniel Young, a widely known and wealthy stockman of Raton. Mr. Young owned a large stock ranch a short distance east of Johnson's mesa, in Union county, and made frequent trips between his ranch and his home. While traveling in a wagon he was shot from ambush, it was generally believed, but the most careful in- vestigation failed to disclose the author of the crime.
In the early days of the gold camp at Elizabethtown, crime was rampant. Desperate characters flocked in from all quarters upon the an- nouncement of the discovery of the precious metal at the now famous Maxwell ranch, and human life was held very cheap. In 1869 a man commonly known as "Wall" Henderson, who up to that time had evinced a most peaceable disposition, was working a claim a short distance down the creek. A number of "bad men" from Colorado, knowing that Hen- derson and some of his companions were working rich ground, began to "jump" their claims. One morning Henderson visited three or four of these men who were panning gold from one end of a claim he had staked out, informed them that they were trespassing and warned them away. In a rage, one of the newcomers sprang at Henderson and struck at him with a shovel. He missed his mark, however, and before he could renew the attack Henderson shot and instantly killed him. He was soon afterward tried by a jury in Mora county and acquitted. Returning to Elizabethtown, he was subjected to great abuse from the friends of the man he had killed, until one day, while in a saloon, a man named "Ned" O'Hara attempted to strike Henderson in the head with a rock. The latter drew his pistol and shot his assailant in the eve, but not killing him.
Henderson now began to drink heavily, growing morose, and it re- quired but a word to make him ugly. A gang of desperate characters were making their headquarters on Ute creek, and Henderson cast his lot with them. He visited Elizabethtown frequently, and usually en- gaged in a quarrel before leaving. One morning he took exception to some remark made to him by Joseph Stinson, proprietor of a saloon in which he was drinking, and emptied his revolver at him, killing him in- stantly. Henderson has had a worse reputation since his death than his career warrants. The truth is that the two men referred to were his only victims, and in both instances his course was doubtless justifiable under the code of those days.
The most sensational incident of the golden days at Elizabethtown was the murder of a minister named Talby. In these days the federal government maintained a garrison at Cimarron, and gambling was their principal pastime. One day while a number of soldiers were in a sa- loon a raid was made by one or more of them upon a faro table, where-
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upon a Mexican named Francisco Griego, who was employed as dealer, jumped over the table and, drawing a huge knife, began a general at- tack upon the soldiers present. The latter ran from the saloon, but the enraged Mexican pursued them and began shooting. Three were killed and several wounded.
Mr. Talby, who had been using his best efforts to break up the rowdyism prevalent at this point, took the initiative in the punitive pro- ceedings which followed, publicly announcing that he would leave no stone unturned to break up the desperate gang on the Cimarron. When it was found that Talby intended to inaugurate wholesale prosecutions the lawless element laid plans to encompass his death. While returning from Elizabethtown the following week the Mexican mail carrier, Poncho, passed Talby, who was traveling from Elizabethtown to Cimarron, and a short distance further on lay in wait for him. Talby was murdered that day at Clear Creek, and the mail carrier was accused of the crime and hanged by a mob. On the day following Griego was killed by Clay Alli- son, as related elsewhere.
The murder of Talby created great excitement throughout the en- tire northern part of the Territory, where he was well known and ex- tremely popular among the law-abiding element. A number of prominent men were suspected of complicity in the crime, and three or four of these men were warned never to enter Elizabethtown again, under penalty of death. So intense was the feeling that everybody who was suspected of having harhored the slightest feelings of ill will against the dead minister stood in imminent peril of lynching. Poncho, sometimes called Baca, the mail carrier, made a confession, in which he endeavored to implicate M. W. Mills, a well-known lawyer, and a man named Donohue, claiming that they had instigated the deed. Mills and a Mexican named Cardenas were held for a while. The latter was killed by cowboys, who sought vengeance for the death of their friend Talby, and a rope was placed about the neck of Mills, but his life was spared upon the intercession of "Tony" Meloche and others. The Mexicans who lived at Clear Creek, and who were thought by some to have had a hand in the murder, were apprehended at the instigation of a local preacher named McMains, but they were taken from legal custody and killed by cowboys. Dr. Longwell, a prom- inent physician of the early days, who was accused of having provided the money to pay the murderers for their work, succeeded in making his escape to Fort Union, where he remained under the protection of the troops for some time. Clay and John Allison ( sometimes written Ellison), brothers, assumed the leadership of the cowboys who sought the death of Talby's murderers, and some accounts state that several other ac- cused men besides those mentioned met sudden death at the hands of these two men.
R. C. Allison, generally known as Clay Allison, one of the most noto- rious desperadoes of northern New Mexico, was born in Tennessee about 1840. He served in the Confederate army and continued a guerrilla war after the country as a whole was at peace. He was led to this course by a personal outrage committed shortly after the war. One of his northern neighbors wantonly destroyed a pitcher belonging to Allison's mother, and which she prized very highly. In spite of her pleadings to the con- trary, he broke the pitcher over a fence post right in her presence. Alli-
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son, on learning of the outrage, killed the fellow, and his enmity to the north took the form of personal enmity to all its representatives and finally to all organized society.
About this time Allison, being in command of a party of about sixty men, attacked a body of United States soldiers, and in the fight two mules belonging to a poor widow were killed. After the fight Allison stole into the army officer's tent and, at the point of a revolver, made him promise to pay the widow for the dead mules. Allison possessed some of the chivalry for the needy that has so often characterized the great criminals from the days of Robin Hood to the present.
Shortly after the war he came west, tarrying awhile in the Indian Territory, where he fought two duels with halfbreed Indians, and while en route to Texas engaged in a desperate encounter with knives with Frank Tolbert, himself a well-known desperado, on the ferryboat run by Tolbert. Both fell into the river, and this sudden bath alone prevented the death of one or both the combatants.
After punching cattle for Lacey and Coleman in Texas until about 1871, Allison brought a herd of cattle to New Mexico and located a ranch on Red river, being still in the employ of his former firm, al- though taking the cattle on shares. His herd having dwindled down by 1875, he sold what was left and went to Las Animas, Colorado, where he dealt in cattle.
Before leaving Red river he made an addition to his criminal record. "Chunk," a bad man and a nephew of the Frank Tolbert just mentioned, with a record of several killings to his credit, came from Trinidad with the avowed intention of spilling Allison's blood. The Clifton House was then the famous resort for the characters, both good and bad, and Alli- son was not long in accepting the challenge that was bruited through the community, and repaired to the hotel to meet his enemy. Though each was conscious that the other meant to get the drop on him and take his life, they neither one seemed bold to take the initiative. For a day and a night they continued drinking and carousing, apparently in good fellow- ship, and both seeming unable to precipitate the desired quarrel. The sec- ond evening Allison invited Chunk to eat supper with him. Seated oppo- site to each other at the table, while the meal was being prepared, they edged into hostility by means of what at first seemed a casual discussion. A word of dissent from Allison, and Chunk raised his pistol from his lap and fired. Allison quickly threw his head to one side and the bullet missed, entering the wall back of his head. He also had his gun handy and he fired hardly an instant after the other. Chunk was hit just above the left eye, being killed instantly, and his pistol fell on his plate. Allison was never indicted for this killing.
He was next involved in the killing of the Mexican, Griego, de- scribed on a previous page. This happened at Cimarron. The Mexican boasted that he intended to kill Allison, and when the latter came to town one day he was warned of this threat by Asa Meadow, a merchant. Alli- son soon after met Griego and two other armed Mexicans on the street, and after a wordy altercation they parted until Allison could put up his team, and then met again in Lambert's saloon. After taking a drink to- gether they went into the back part of the saloon. Here Griego attempted
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to pull his gun, but Allison was too quick for him and put a bullet through his head before he could pull the trigger.
Robert Burleson was an intimate friend of Allison, and about this time was elected sheriff. Several indictments were already held against Allison, but through the favor of the sheriff Allison left the country and went to Las Animas, as related. A short time after the killing of Griego he was surrounded in his house by a company of colored soldiers with white officers. Inviting the officers into the house, he agreed to go to Cimarron and be turned over to the sheriff and go to Taos, where court was held, providing he could keep his guns and that he be taken in by the white officers and not by the "niggers." This was done and he went to Cimarron and from there rode to Taos in company with the sheriff. A company of soldiers was waiting for him, but, having kept his verbal prom- ise by coming to Taos, he rode around town and escaped before the soldiers could surround him.
His career at Las Animas was inaugurated with a fist fight with La Fevery, a stock buyer, in which Allison got the best of it. Some time later he and his brother John had a fight with a constable. They were both on a spree, but John was trying to keep his brother away from mischief. The officer, being afraid to confront the desperado, opened the door of a saloon and shot at both the brothers, the bullets taking effect in John's side, but not killing him. Clay then shot the constable full of holes and then defied arrest, until the banker of the town entered into a treaty to protect Allison from a mob. The grand jury was unable to find an indictment and Allison went free. His brother John was sent to Mexico.
In 1877 Allison moved to a ranch on the Pecos river and never had any important fights after that. Though he died with his boots on, it was not by the hand of another. After a heavy spree in town he was return- ing home and fell from the wagon, which passed over him and crushed him to death.
This desperado, like many who earned a reputation through crime, had some traits that were admired by his fellow citizens. It is said that he never troubled any one except a man known as a fighting man, and he lent his assistance in fighting the cattle thieves. Though a hard drinker on occasions, at other times he was quiet and was never abusive to opponents. In build he was six feet and a half inch high, square- shouldered, black hair and whiskers, large blue eyes, and weighed about 180 pounds. He was crippled in the left foot, having shot himself through the instep.
One of the bad men who flourished in Elizabethtown was Joseph Antonio Herberger. He was a member of the vigilantes, and some of his acts were committed under the cloak of that organization. He was in- strumental in capturing "Pony" O'Neil, who had committed murder and was hiding from the vigilantes. Herberger struck him with a brick while he was hiding between two buildings, and the vigilantes then dragged him out and hung him to a tree, riddling his body with bullets. This hap- pened in the spring of 1868, and in the following August Herberger beat a Captain Keefer to death in his saloon, knocking him down with a chair and finishing the brutal act with a stick of stovewood. The cause was a whisky bill. On the morning of July 4, 1886, he shot, in cold blood, John
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Greeley in the latter's saloon at Elizabethtown. On the night before both had given public dances, and the fact that Greeley had the crowd made Herberger jealous. Herberger entered the saloon and shot his rival just as he was handing out a glass. Greeley staggered. Mike Murphy caught him and held his head on his shoulder. Herberger then came up and, putting his gun under Murphy's shoulder, fired a second time into Gree- ley's side. Herberger was arrested and convicted, but two and a half years later was pardoned from the Santa Fé penitentiary and returned home, where he died, February 13, 1898, alone, having been dead three days before he was discovered. The last crime was the only one for which he was convicted. He was placed on trial for the Keefer murder, but there were no witnesses, he having bought or intimidated them all.
Charles Kennedy, who lived at the foot of the divide (east side), on the road from Elizabethtown to Taos, kept a travelers' rest, which was really a house of horrors to all who stopped there. It is said that Vice- President Colfax had once been entertained at this house. A traveler had disappeared and the search led to Kennedy's ranch, where the mules belonging to the traveler were found, but nothing of his person.
Kennedy's brutal and inhuman crimes were finally exposed by his wife. She was a Mexican woman, and was led to turn on her husband because he had wanted to kill their child, which had inherited disease from the husband. The wife, enraged, ran away to Elizabethtown and reported some of his crimes. Officers were sent to arrest him and brought him to town, where he was confined in jail. In the meantime, acting on infor- mation given by the wife, the authorities had found two skeletons under Kennedy's house, and in a fire that was still burning when the crowd reached the house were found many human bones. After his wife had started away to town to report the killing of the baby, he disinterred the bones of several victims, it is said, and endeavored to obliterate evidences of his crimes by burning them. His wife said he had killed two of their babies, having roasted the first one over the fire. The wife was in mortal agony of her life because of her testimony, and before the trial came to a close, it being rumored that Kennedy's lawyer was going to obtain his release by the free use of money, a mob took the wretch from the offi- cers and dragged him through the streets until he was choked to death. This was in 1871.
About 1873 the criminal element of Elizabethtown was reinforced by the arrival of "Coal Oil Jimmy." He was a young man, but had a hard record. In company with "Long" Taylor (six feet seven inches), he held up the coach between Elizabethtown and Cimarron and got $700. The driver, Nettlehorse, had to make good the loss. Both the robbers were later killed in the Turkey mountains by Joe McCurdy and Stewart, who themselves were hard cases and had been with the highwaymen in similar crimes, but they had quarreled and split their relations. A big reward having been offered for Jimmy and Taylor, McCurdy and Stewart started out to capture them. Arriving at their camp, they pretended friendship and expressed a desire to join the company again. Quite deceived, the other two accepted their peaceful advances and went to sleep without sus- picion. McCurdy and Stewart found it an easy matter to kill their quondam friends, and took their bodies to Cimarron in a wagon, where they were paid the reward.
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In 1882 a bloody tragedy was enacted at Raton, in which the prin- cipal actors were Metzler, an outlaw from Dodge City; Harvey Moulton, whose relatives, Edleston and Jackson, had been killed by Metzler, and Bergen, who, being ready with a gun and fearless, had recently been ap- pointed marshal of the town of Blossburg. In the first act Metzler began a promiscuous shooting in Burbridge's saloon, and, being pursued by a crowd and surrounded at the depot, kept up his shooting and held the mob at bay. Bergen, whose prowess was known in Raton, was sent for, and on arriving effected Metzler's arrest. The prisoner was being guarded in Bergen's house when Moulton came in and demanded the prisoner on account of his having killed Moulton's relatives. Bergen's refusal led to a fight over the possession of the prisoner. Moulton fired first and his shot was fatal, but before falling the marshal had directed a shot which also ended Moulton's life. Metzler then escaped from custody, but was caught the same day, and that night a mob hung him on a sign in front of the old bank in sight of the depot. His body was cut down just before the train carne in.
August 1, 1891, Frederick Faulkner and James Lannon were in Trinidad, the latter with a team, wagon, camping outfit and some money. Faulkner was looking for work. August 7th they left Trinidad in com- pany, and the following day the body of Lannon was found in Colfax county (now Union county), near Trinchera river, his head mashed in, and not far away was found an ax covered with blood. On the same day Faulkner was seen at Folsom with the outfit, and the night of the next day was arrested in Colorado, one hundred and fifty miles away from the scene of the murder. He had the outfit, including a valise with letters addressed to Lannon. In the trial Faulkner claimed that two Mexicans had killed Lannon and warned Faulkner to leave the country. He also testified that he had some time before been an inmate of the asylum at Pueblo and at similar institutions in Illinois and Missouri. The case, which excited much interest, was tried in San Miguel county, a change of venue having been obtained because of alleged local prejudice. M. Salazar and Jeremiah Leahy were appointed by the court to the defense, and on conviction they appealed the case, but the supreme court sustained the verdict and Faulk- ner paid the extreme penalty.
J. Leslie Dow, sheriff of Eddy county, was waylaid and killed in Eddy (now Carlsbad) on the night of February 18, 1897. He had been active in the prosecution of cattle thieves and incurred the bitter enmity of these outlaws. Dow was a brave and efficient officer and a very popular man. He was a typical Texas cowbov, brave, quick in a quarrel, a hard fighter. He was a native of San Saba, Texas, and for several years is said to have led an irregular life among the cattlemen of that state. He came to New Mexico in 1883, locating in Lincoln county, where he became identified with the cattle industry. His first shooting affair in the Terri- tory was at Seven Rivers, where, in the spring of 1890, he shot and killed Zach Light, who was known as a "bad man." He led the posse which killed Bob Hayes, a noted desperado, who was a member of the notorious "Black Jack gang," in 1806.
Saturday, June 18, 1881, Milton J. Yarberry, a constable of the then new town of Albuquerque, shot and killed Charles D. Campbell on First street, Albuquerque, after the latter had fired at him from a revolver. He
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escaped from jail on September 9, while awaiting trial, but three days later was captured in the Arroyo Galisteo, in Santa Fé county. Six weeks be- fore, Yarberry shot and killed Harry Brown in Albuquerque in a quarrel over a woman. Brown was the youngest son of ex-Governor Neil S. Brown, of Tennessee. Yarberry was a native of Texas, began his career of crime by killing a freighter in Texas, and afterward was the associate of a gang of desperadoes in that state. He killed several other men there. Yarberry was hanged in February, 1883.
CHAVEZ MURDER TRIAL .- At the June term (1894) of the district court, Santa Fé county, Francisco Gonzales y Barrego, Antonio Gonzales y Barrego, Lauriano Alarid and Patricio Valencia were indicted for the murder of Francisco Chavez on May 29, 1892, in Santa Fé county. March 18, 1895, a special term was called by N. B. Laughlin, associate justice. He deemed himself disqualified to sit and asked H. B. Hamilton, of the fifth district, to do so. The trial began April 28, 1895, and continued six days and the accused were all found guilty. A new trial was sought, but the motion was overruled and the death sentence set for July 10, 1895. An appeal was carried to the supreme court by writ of error, but the judgment was affirmed.
At the trial the defendants attempted to show that at the time of killing they were at the house of Seferino Alarid. Juan Gallegos, by his own admission an accomplice in the conspiracy, represented that he was approached by Hipolite Vigil with a proposition to kill Chavez, being told that Antonio Barrego and Patricio Valencia had agreed to join the plot. The latter had agreed to kill Chavez because he was a prominent man, of great strength with his party, to which they were antagonistic and which they wished to destroy in Santa Fé county. Gallegos seemingly acquiesced, but finally decided to put Chavez on his guard by sending him a short note of warning. The murderers were members of the "Button Society," and Gallegos, fearing he would be killed if news of his betrayal of their secret leaked out, went to Colorado, where he remained until he learned of the death of Chavez. One of the counsel of accused stated the existence of the Button Society for political purposes and declared himself a member of it. Many reputable men went on the stand and swore they would not believe witnesses against the accused under oath. (The same witnesses were believed in Catron disbarment case.)
The case takes its place among the causes celebre in New Mexico from the prominence of the deceased, from the notoriety of the criminals, from the complication and mystery of the circumstances, from the great delay in securing a jury, from the time (nearly six weeks) and the money (many thousands of dollars) consumed in the trial, from the extent and the intensity of the public interest, and from the exceptional skill and zeal, as well as the intrigue and corrupt practices, alleged to have been employed in attempting to secure an acquittal.
The men were hanged.
The assassination of Charles L. Kusz, Jr., editor of the Gringo and Greaser at Manzano, Valencia countv, on March 26, 1884, caused high feelings throughout New Mexico. The editor was killed while seated at supper table in his home by two rifle shots fired through a window. He was entertaining Dr. John M. Bradford at dinner, and they were alone.
His paper was an authority on mining and ranching in New Mexico Vol. I. 16
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and the only paper in the world printed entirely in italics. It is be- lieved that the assassination was due to his fearlessness in discussing public affairs, especially on account of his efforts to expose cattle thieves.
February 5, 1891, when Thomas B. Catron, then a member of the council, was in his office with Senator E. S. Stover, Senator T. B. Mills and Senators Ancheta and Perea, two men rode up and fired point blank through the glass door with rifle and shotgun, hitting Ancheta. The attempt was believed to have been made on Catron. The legislature next day appropriated ten thousand dollars as a reward for the apprehension of the assassins.
A pathetic case of loyalty and devotion to religious principles was that of Father Abel, assistant to Father Monicum in the Catholic church at Mora, about 1861. Father Monicum had a dispute with some of his parishioners about a parish school, and they planned to poison him- putting poison in the wine used at the sacrament. The wine had been blessed and Father Abel, who chanced to be administering sacrament for Father Monicum, knew it was poisoned. After drinking of it he turned to the congregation and said, "I am poisoned." He refused to take an emetic, as the wine had been drunk during mass. He died almost immediately. The event created a great sensation. His parishioners were almost entirely native Mexicans. Father Monicum was accused of poison- ing him, was arrested, got a change of venue to Taos county and was acquitted. Manuel O'Neil afterward confessed to the crime. Monicum was a Hollander and at one time operated a train of freight wagons. He was generally accused of immorality. He afterward went to Trinidad, became rich and finally returned to Holland.
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