Silver City Enterprise — 1891 (full OCR, Internet Archive) — 1891-05-01
source date: 1891
availability: public-domain

A STEADY NERVE A Moment of Peril in New Mexico and How a Nervy Mexican Youth Saved Six Human Lives. Shot Of a Blinded Man in Nebraska. The nerve which shines forth in a deadly crisis of cracking revolvers or flashing knives is neither the only nor the highest kind, but it is a noble and an admirable quality, even when misapplied; and when we shall cease to admire and respect it, the human race will have very little left where of to be proud. We shall have to come to a sorry pass when our blood shall fail to tingle to such a deed as that of Mr. Cus- ter’s brave sergeant. He had arrested a deserter of desperate character and brought him to a little town in Nebraska. While they were eat- ing dinner, the desperado picked up a can of pepper, dashed the contents in the sergeant’s face and started for the door. The blinded officer, even in the inconceivable anguish of the moment, thought only of his orders to bring in ( 20 ) the prisoner alive or dead, and listening for the footsteps of the fugitive, fired to the sound and dropped his man!

rgeant’s face and started for the door. The blinded officer, even in the inconceivable anguish of the moment, thought only of his orders to bring in ( 20 ) the prisoner alive or dead, and listening for the footsteps of the fugitive, fired to the sound and dropped his man! As striking an example of “pure nerve*' came under my own observation two years ago, writes Charles F. Lummis. Valencia county. New Mexico, had been disgraced by a long series of cowardly and awful assassinations, done by one young Mexican desperado and his peons, a series which culminated, on the 14th of February, in my own receipt of a leaden valentine, in the shape of two loads of midnight buck shot. The question whether these influen- tial murderers should be punished had entered into local politics, and the campaign was a very exciting one. At some of the precincts the judges of election and the voters were alike armed with Winchesters and six shooters. Among those who were active in the movement to overthrow the evil men who had for years exercised a reign of terror over “Bloody Valencia," was gentle, gen- erous Dumas Provencher, one of the pioneers of the territory, and he was one of the dozen of us whom the assassins had marked for death.

active in the movement to overthrow the evil men who had for years exercised a reign of terror over “Bloody Valencia," was gentle, gen- erous Dumas Provencher, one of the pioneers of the territory, and he was one of the dozen of us whom the assassins had marked for death. Shortly after midnight, of election day, the ballots of that precinct were still being counted by a flickering lamp, in a long, low room in the plaza of San Rafael, and poor Provencher was there. He had just received news of a plot to kill the judges and seize the ballot at three pre- cincts, and leaned over to the United States Deputy Marshal, Martin Gallegos, to whisper a warning. Gallegos is hardly more than a boy — a common, illiterate Mexican youth, at whose awkwardness and ignorance most of us would turn up our noses. But that he had in him the stuff of men he showed by the most gallant act I ever saw.

hal, Martin Gallegos, to whisper a warning. Gallegos is hardly more than a boy — a common, illiterate Mexican youth, at whose awkwardness and ignorance most of us would turn up our noses. But that he had in him the stuff of men he showed by the most gallant act I ever saw. At that very instant there were six hired murderers crouching at the open window; and while Provencher was yet speaking one of them thrust in his old Springfield and fired. The great half-inch ball struck Provencher in the aorta, and from that chief life fountain the blood leapt out in a tall, broad arch. The stricken man gave one low cry and fell dead against Gallegos, whose face and body were drowned in the spurting deluge. The click of another rifle came from the window. There were still six living targets in that lighted room for the marksmen so secure in the darkness without. To shoot at the assassins were vain —

ad against Gallegos, whose face and body were drowned in the spurting deluge. The click of another rifle came from the window. There were still six living targets in that lighted room for the marksmen so secure in the darkness without. To shoot at the assassins were vain — they were invisible, and could kill every man in the room before one could lift a finger against them. There was but one thing to be done — to put out the betraying lamp. But that was thirty feet away; and before the nearest man could reach three steps toward it, all would be corpses. How long it seems, now that I come to tell about it, how long it seemed then ! But from the sound of the shot that slew Provencher to the ring of another that left the room in dark- ness and the occupants in safety was really less than two seconds. One could scarcely discharge two chambers of a double-action revolver more closely together than those two reports came — the crash of the assassin’s rifle, and the lighter crack of heroic Gallegos’ six-shooter. The young Mexican, absolutely taken by surprise as he was, had not even turned to look toward the window, had not even shrunk from the poor clay that was spurting its ghastly flood in his face, and blinding and choking him; but snatching the heavy revolver from his belt had shot the lamp out, all in one swift indistinguishable motion, and without apparent aim! Pure nerve that in one second saved six lives. The baffled assassins fled, and the storm of public wrath aroused by their deed put a temporary check upon their murderous employers.

lt had shot the lamp out, all in one swift indistinguishable motion, and without apparent aim! Pure nerve that in one second saved six lives. The baffled assassins fled, and the storm of public wrath aroused by their deed put a temporary check upon their murderous employers. Territorial Tidings An awful reign of lawlessnes reported from Colfax county. There are said to be localities out from Springer that are united in defying the law — in fact, it is worth the price of his life for the sheriff to venture out that way to serve court summons, or any other processes of law. When thieves and murderers band themselves together for mutual protection and in defiance of law and order, it is high time that a posse or two of determined men be congregated at a designated place, there to be given their in- structions, from which there is to be no devia- tion. even under the most cold-blooded circum- stances.— Optic. The Enterprise is informed that old man Hunter and son of the Upper Mimbres, one day last week commenced shooting at George Nye, who returned the fire, killing a horse which one of the Hunters was riding. Nye then took to the hills. No further particulars. ( 21 ) New Mexico Census Bernalillo Chavftz 1890 20,913 1880 17,225 INC. 3,688 Colfax 7,974 3,398 4,576 Dona Ana 9,191 7,612 1,579 Eddv (a) Grant 9,657 4,539 5,118 Lincoln 7,081 2,513 4,568

one of the Hunters was riding. Nye then took to the hills. No further particulars. ( 21 ) New Mexico Census Bernalillo Chavftz 1890 20,913 1880 17,225 INC. 3,688 Colfax 7,974 3,398 4,576 Dona Ana 9,191 7,612 1,579 Eddv (a) Grant 9,657 4,539 5,118 Lincoln 7,081 2,513 4,568 Mora 10,618 9,751 867 Rio Arriba 11,534 11,023 511 San Juan 1,890 1,890 San Miguel 24,204 20,638 3^566 Santa Fe 13,565 10,067 2,695 Sierra 3,630 3,630 Socorro 9^595 7,875 1,720 & Taos 9,868 11,029 Valencia 13,876 13,695 781 & A decrease of 1,161 It will be seen by the above table that Grant county has made by far the largest per cent of increase of any county in the territory, and it is safe to predict that this rate of in- crease, in comparison with other portions of the territory, will be continued for the next ten years. FLIM-FLAMMERS CAUGHT Two bunco men who gave the names of Frank Whitney and James Evans were brought up from Doming by Sheriff Lockhart and placed in the county cooler charged with working the flim-flam racket, the making change puzzle, whereby the merchant in changing $10 for them gets mixed and they come out $5 ahead. They worked the game all right on two Demingites, Messrs. Byron and Hogdon, but were caught dead to rights at Smith & Fleishman’s store. TREMONT ARRIVALS

m racket, the making change puzzle, whereby the merchant in changing $10 for them gets mixed and they come out $5 ahead. They worked the game all right on two Demingites, Messrs. Byron and Hogdon, but were caught dead to rights at Smith & Fleishman’s store. TREMONT ARRIVALS Joe Eliel, I. H. Ticke, Geo. Brink and F. Mengle, Chicago; G. H. Mosher and E. S. Wad- dles, St. Joe; Hiram H. Lee, S. J. Levy, J. M. Sabin, Bus Huschfield, San Francisco; Sam E. Green, Jas. Johnston and F. E. Birkehit, St. Louis; Wm. T. Sharpe, Washington, Geo. New- man, El Paso ; Albert J. Goodell and wife, Pueblo; Chas. H. Kelsey and B. W. Gowell, Denver; Roy W. Scott, Philadelphia; Eph. L. Byers, Winfield; B. G. Wilson, Las Vegas; Sam P. Carpenter, Jo Corbett and C. H. Dane, Deming. BRUTAL BUTCHERY! Who Killed Jimmy Kerr? Full Particulars of the Tragedy One of the most cold blooded, brutal kill- ings that ever occurred in Grant county, if not in the territory, took place at Peter Mungall’s ranch on the Mangus, Thursday night last, the 23rd. The killing was the result of a drunken row, and who started the trouble will probably never be known.

d blooded, brutal kill- ings that ever occurred in Grant county, if not in the territory, took place at Peter Mungall’s ranch on the Mangus, Thursday night last, the 23rd. The killing was the result of a drunken row, and who started the trouble will probably never be known. The first intimation of the tragedy reached the city on Friday, when a letter received at the sheriff’s office gave notification of the death of James Kerr, and requesting the pres- ence of officers immediately. Deputies Muse and Baca started for the scene reaching there at 10 p.m. Justice Givens also proceeded to the scene and empanneling a jury, commenced an investigation. THE JURY’S VERDICT We, the undersigned, justice of the peace and jury who sat upon the inquest held this, the 24th day of April A. D., 1891, on the body of James Kerr found in precinct No , of the county of Grant, find the deceased came to his death by reason of wound inflicted at and by the hands of Barney Kerr, with a hammer, shot- gun or crowbar. Ben F. Hopson, R. S. Allen, J. W. Brown, Paul Mitchell, Juan Ferguson, P. J. Dodd. Isaac Givens, J. P. The body was brought to town and in- terred on Saturday, but certain questions having arisen, the body was disinterred, and an autopsy was held on Sunday, Drs. Slough and Wood- ville officiating.

en, J. W. Brown, Paul Mitchell, Juan Ferguson, P. J. Dodd. Isaac Givens, J. P. The body was brought to town and in- terred on Saturday, but certain questions having arisen, the body was disinterred, and an autopsy was held on Sunday, Drs. Slough and Wood- ville officiating. The expert examination proved conclusive- ly that the deed was one of the most brutal, as well as the most vindictive within the knowl- edge of any of the bystanders. After cutting and shaving the head a superficial examination was made, a number of pieces of broken skull were removed, and the scalp was transversely dissected and the skull laid bare exposing the murderous wound in- flicted. Barney Kerr and Peter Mungall, the par- ties accused, were brought into town by the officers and lodged in jail. Their preliminary trial was held before Judge Givens on Tuesday and Wednesday. H. E. Muse, the arresting officer, stated ( 22 )

g the murderous wound in- flicted. Barney Kerr and Peter Mungall, the par- ties accused, were brought into town by the officers and lodged in jail. Their preliminary trial was held before Judge Givens on Tuesday and Wednesday. H. E. Muse, the arresting officer, stated ( 22 ) that he reached the scene of the tragedy about 10 o’clock Friday night, and found Barney Kerr. I remarked that this was a sad occasion for us to meet, and asked him who knocked his brother in the head ; he said he did not know anything about it; there was no malice in him. I took him in and showed him his brother and asked him who could have hit his brother such a ter- rible blow. I asked him if Scotty hadn’t hit his brother; he said that Scotty didn’t have a d d thing to do with it. I asked him if there

t it; there was no malice in him. I took him in and showed him his brother and asked him who could have hit his brother such a ter- rible blow. I asked him if Scotty hadn’t hit his brother; he said that Scotty didn’t have a d d thing to do with it. I asked him if there were any others there besides Scotty, Jimmy and himself; I told them it lay between them, i. e., Scotty and himself. His reply was that such things happen in the best of families. He said that if he were in Jimmy’s place and Jim- my was in his, he would say there was no malice between them. I asked if he was sure that Scotty hadn’t interfered in a family dispute. He replied that Scotty didn’t have anything to do with it; he was sorry, but it could not be helped. Barney was lying on the floor near the fire, covered with blood; his hands and clothes were bloody; he didn’t appear to be much hurt.

dn’t interfered in a family dispute. He replied that Scotty didn’t have anything to do with it; he was sorry, but it could not be helped. Barney was lying on the floor near the fire, covered with blood; his hands and clothes were bloody; he didn’t appear to be much hurt. He didn’t show any great distress over the matter. I examined deceased and found two wounds, one on face near temple bone and one on the right side. The wounds were evidently made with a crow bar. There was another wound behind the right ear. Witness here ex- amined the murderous weapons, which includ- ed a crow bar about five feet long and a seven pound hammer. There was hair on the bar. Both Barney and Scotty were outside near the fire. I asked Mungall who struck Kerr; he said he didn’t know, ‘That there was no one here but we three.” Asked if Barney and Jimmy had not been fighting. He said they had a bit of a drunken row but did not think Barney intended to hurt him. Asked why he did not separate them, he said, “I was too drunk; I know what these d d family rows are ; I don’t interfere.” I asked Mungall to show his hands; he was too drunk; he showed no blood either on his clothes or his person.

d not think Barney intended to hurt him. Asked why he did not separate them, he said, “I was too drunk; I know what these d d family rows are ; I don’t interfere.” I asked Mungall to show his hands; he was too drunk; he showed no blood either on his clothes or his person. The killing occurred on the night of the 23rd or the morning of the 24th. I was ac- quainted with the brothers, have known them for nine or ten years. Jimmy was dead when I arrived. When I arrived deceased was lying on the bed. Mungall and Barney were outside. I arrived about 10 p.m. on Friday, the 24th. It is about 16 or 17 miles from Silver City to where the homicide was committed. I didn’t bring in any of the tools, the constable brought them in. My conversation was had with Barney prior to his arrest. He stated that Scotty hadn’t a d d thing to do with it.”Charles Campbell testified as follows: ‘T was on the Mangus the 23d; I am acquainted with Barney, Jimmy and Scotty. I was helping Barney and Jimmy to crib a well ; about 3 o’clock we went to Mungall’s. We drank some whiskey. After leaving there I went to the Circle ranch and did not return until next morning about 7 o’clock. I found Jimmy on the floor and Barney and Scotty on the bed. I waked them up and asked them what was the matter. I received no answer. Jimmy was breathing yet.

whiskey. After leaving there I went to the Circle ranch and did not return until next morning about 7 o’clock. I found Jimmy on the floor and Barney and Scotty on the bed. I waked them up and asked them what was the matter. I received no answer. Jimmy was breathing yet. I asked Mungall to help me put him in bed. About an hour afterwards I dis- covered that Jimmy was dead. Myself and Mungall went to the Circle ranch. When I found Jimmy dead and informed Barney of the fact he remarked, “the bastard ought to be dead.” Mungall told me they fought like cats and dogs. Had dinner with the Kerr brothers at Mungall’s ranch ; they had a dispute over the age of a mare. Barney had blood on him when I returned on the morning of the 24th. I remained until Jimmy died ; I noticed the wound on his face, but didn’t notice any on his head. I commenced work cribbing about 7 o’clock; Scotty arrived before breakfast; he had liquor — about a half pint I should think. There were four of us — Mungall, myself, Barney and Jimmy. We all drank. We then went to work. The second bottle was produced about 11 o’clock — it was larger than the first — about a beer bottle size. I was in the well. Jimmy told me to come up. We all drank. Scotty remained until dinner.

us — Mungall, myself, Barney and Jimmy. We all drank. We then went to work. The second bottle was produced about 11 o’clock — it was larger than the first — about a beer bottle size. I was in the well. Jimmy told me to come up. We all drank. Scotty remained until dinner. Don’t recollect the third bottle ; came again at 3 o’clock and remained about 15 minutes ; we then went to Barney’s house ; there was a demi-john. We drank from the demi-john. We all left together for Mungall’s house — he said he had whiskey. We arrived there be- tween 3 and 4 o’clock. I remained about 30 minutes. Scotty had two demi-johns. They held something more than one gallon each. The brothers quarreled at the dinner table ; we ate at Barney’s house. When we left, Mungall and Jimmy were ahead of us, Barney and I walking together. ( 23 ) at Barney’s. I found Jimmy lying on the floor with Barney on the bed, the shotgun lying a couple of feet from Jimmy’s head. There was blood all around near the tools. I woke Scotty and Barney up. Scotty and I lifted Jimmy on the bed; he was in front; we lifted Jimmy over him. After remaining about one hour returned to Circle ranch. Don’t know who swept up the blood. Finding no one at home, went to Black Hawk. I rode a horse. When I started for water Jimmy was lying in bed and everything was quiet.”

; he was in front; we lifted Jimmy over him. After remaining about one hour returned to Circle ranch. Don’t know who swept up the blood. Finding no one at home, went to Black Hawk. I rode a horse. When I started for water Jimmy was lying in bed and everything was quiet.” P. J. Dodd, of Black Hawk sworn: ‘T was stopping at the Alhambra mine. I arrived at the ranch and found Scotty sitting near the door. I found the two Kerrs lying on the bed. Barney had blood on his hands, and wore a red shirt. I asked Barney how it happened: he said he didn’t remember anything; tried to separate them once.” Juan Ferguson’s testimony was corrobora- tive of the preceding witness, with the exception that Barney told him that Scotty and Jimmy had a racket. He was positive on this point.

I asked Barney how it happened: he said he didn’t remember anything; tried to separate them once.” Juan Ferguson’s testimony was corrobora- tive of the preceding witness, with the exception that Barney told him that Scotty and Jimmy had a racket. He was positive on this point. R. S. Allen testified. On the evening of Friday the 24th, I was notified that I was one of six jurors to attend an inquest on the remains of Jimmy Kerr. We got a team and proceeded to the ranch, arrived there about 10:30. Dodd, Ferguson, Brown, myself, Paul Mitchell and Ben Hopson stepped into the room. I didn’t measure the distance, and don’t know the size of the room. The bed upon which deceased was lying was on the left side of the room. Probed the wound in cheek and back of the head with a match. Examined Mungall. Conclusion of the jury was that deceased’s death was occa- sionad by some sharp instrument in the hand of his brother; probed wound on head with match. Barney didn’t appear to be hurt, and was indifferent. In front of the house was a pile of cordwood, also a fire. Barney was lay- ing near the fire and remarked, “I am cold! Go in the house and get me something, I’m cold!” I was not admitted to the post-mortem exami- nation. I was informed that special orders had been issued not to admit me. The shirt that Barney wore near the fire was bespattered with blood. Had no conversation with Mungall prior to the testimony before the coroner. He showed no blood upon his clothes or person. His hands were dirty. The skull was crushed, and my

been issued not to admit me. The shirt that Barney wore near the fire was bespattered with blood. Had no conversation with Mungall prior to the testimony before the coroner. He showed no blood upon his clothes or person. His hands were dirty. The skull was crushed, and my impression was that the wounds had been in- flicted by a blunt instrument. The wounds on the side of the head might have been made with the hammers of a gun. Barney made no admission as to Scotty’s complicity. Upon en- tering the carriage to come home, Barney asked, “did the gun go off?” Peter Mungall sworn. We had been drink- ing whiskey all the afternoon at my house. I took whiskey up a couple of times. Some one suggested that we get more whiskey. Reached the house about 3 o’clock. I had whiskey at the house. There were four of us — Campbell, the two Kerrs and myself. Campbell had gone for water, and not returning. I started out about dusk to hunt him. I took a bottle with me. I recollect nothing more until I was awakened by Campbell. I was lying in the bed. Campbell and I lifted Jimmy into bed. After hearing the arguments of counsel, the court discharged Peter Mungall from cus- tody, and held Barney Kerr to await the action of the grand jury without bail. GO AS YOU PLEASE AT $5 AND COSTS

by Campbell. I was lying in the bed. Campbell and I lifted Jimmy into bed. After hearing the arguments of counsel, the court discharged Peter Mungall from cus- tody, and held Barney Kerr to await the action of the grand jury without bail. GO AS YOU PLEASE AT $5 AND COSTS Last Friday evening, William Stevens, a saloon keeper at Pinos Altos and a San Fran- cisco judge dressed in his besht Sunday shute av cloas, a shtandin’ collar and a darby hat, and who says he “dhraws millions an his check vwhin it has the famous frinch name av Edward Kayhoe tacked an to the tail ind av it; were driving at a furious rate up Bullard street. When Marshal Cantley tried to stop the pair they urged the horse to go faster and after a narrow escape from being run over, the marshal was forced to loose his hold on the horse and let them go. Constable Rodriguez followed on horseback and overtook them outside of town but they refused to accompany him without a warrant. Next day Marshal Cantley procured a warrant and arrested the pair at Pinos Altos. They v/ere tried before Justice Givens and fined $5 and costs each. The case was a very aggra- vated one and it seems a peculiar construction of the law when the minimum penalty is as- sessed against the most audacious law breaker, for whose benefit the severer penalties were enacted.

e tried before Justice Givens and fined $5 and costs each. The case was a very aggra- vated one and it seems a peculiar construction of the law when the minimum penalty is as- sessed against the most audacious law breaker, for whose benefit the severer penalties were enacted. There are several hold-ups in town. Throw up your hands. ( 24 ) SERIOUS ACCIDENT AT SAN JUAN Charles Gamble was severely hurt at 10 o’clock last Tuesday by a horse falling upon him. He in company with two others were riding rapidly toward his home at San Juan on the Mimbres river when his horse stumbled and fell with him. Those with him brought him home where he lay unconscious till 5 o’clock p.m. when the messenger came to Silver City in search of a doctor. Dr. Kimball of Cooney, who happened to be in town, left at midnight on Tuesday to attend the patient since which time nothing farther has been learned. EDITORS NOTE: 10-15-65 It is known that he died as result of the accident. Mr. Gamble was the father of Sudie, Mrs. Louis Jones of Glenwood; and Emmy, Mrs. Joe Porter, of Apache Creek. Sudie told me that her father owned what is now the NAN Ranch, on the Mimbres, and that he was buried in the cemetery on Lower Mimbres, just beside the road to Deming. In December, 1962, Carl Mrotzek and I went to the cemetery and placed the Gamble tombstone upright.

ek. Sudie told me that her father owned what is now the NAN Ranch, on the Mimbres, and that he was buried in the cemetery on Lower Mimbres, just beside the road to Deming. In December, 1962, Carl Mrotzek and I went to the cemetery and placed the Gamble tombstone upright. As typical of abandoned cemeteries in New Mexico, a barbed-wire fence has been run thru the middle of it, and cattle have knocked down most of the tomb- stones. Just a bit of the steer money that is put into Cadillacs would fence all of the early -day cemeteries that now look like trash piles. — Rhea Kuykendall. H. I. Peck brought out a car load of brood hogs from Kansas, which have been placed on an alfalfa ranch at Duck creek by Lyons & Campbell.

steer money that is put into Cadillacs would fence all of the early -day cemeteries that now look like trash piles. — Rhea Kuykendall. H. I. Peck brought out a car load of brood hogs from Kansas, which have been placed on an alfalfa ranch at Duck creek by Lyons & Campbell. Jacob Bennett, father of Judge C. Bennett and Col. J. F. Bennett of Las Cruces, recently died at his home in Marysville, Missouri, at the ripe old age of ninety-two years. The following short biography is clipped from the Rio Grande Republican; Though Mr. Bennett was an old line democrat and v/as never known to vote any other ticket during his life, he was a strong Union man. Three of his sons were in the union army; . V. Bennett was captain in a Minnesota regiment; Cornelius Bennett, quartermaster in the eighth Iowa cavalry; and Col. J. R. Bennett was lieutenant-colonel, assistant adjutant-gen- eral of U. S. volunteers. Mr. Jacob Bennett in the early days of 1874 when the stage line ex- tended from Kansas City to California made the trip together with his wife to Las Cruces, where they lived for several months, after which time they removed to Silver City. Their object was to visit their children and after a stay of two years returned to their home at Maysville.