The La Luz I Remember By Juan Jose Gutierrez La Luz, New Mexico is a small quiet village nestled at the foot of the Sacramento Mountains. Although it retains most of its charm and quaintness, we cannot deny that the years have made it a far different town. The first atomic bomb, which changed the course of the entire world, exploded just forty miles from our serene village. The technology of rockets and missiles surrounds the La Luz of my boyhood. The searing blast of jet bombers breaks the stillness I once knew. Holloman Air Force Base and White Sands Missile Range stand out sharply against the lone, stark red earth of New Mexico. The La Luz of Humphrey Hill, Jesus Borunda, Faustino Acuna; of Indian traders, and horse trails is gone, but it is not forgotten. In my mind it will never be lost, for this is the La Luz I remember. The Name "La Luz" There are many theories as to how La Luz was named--one was that a mysterious dim light shone in the Canyon, only to vanish and appear further up as you approached. Some say a native woman kept a light burning in her window waiting for her lover to return. Or did our name come from brilliant reflections on canyon walls at sunset? The truth is: Our forefathers, coming to La Luz from the north, set up camp in Tularosa. The women and children stayed in the protection of the camp guarded by some of the men. The brave pioneers recognized the dangers ahead--hostile Apache Indians, roving bears and mountain lions. Red wolves, now diminishing were also to be feared. "Tenemos que seguir," (We have to go on) the leader declared, knowing that the Promised Land must have fertile soil and abundant water for their permanent homes. He chose a group of men to accompany him to this area. "But how will we know if you are safe?" asked an anxious wife. They thought over the problem. "I'll tell you what we'll do," said the leader. "Tonight and each night we will build a big campfire if all is well." They set out, wondering whether they would see their loved ones again. As dusk fell, those at Tularosa watched prayerfully. At last a light flickered on the distant foothills. "La Luz!" they cried joyously. "Alla esta La Luz! Estan bien!" And this is how we derived our beautiful name. The Coronado Quest In April 1540, Francisco Vasques de Coronado and his brave conquistadores crossed into the strange land north of Mexico, searching for the "Seven Cities of Cibola" with their golden roofs and turquoise-studded doors. Apache Indians attacked the party in Arizona, but Coronado fought his way into "Cibola." What a terrible disappointment; no gold, no precious stones, just a simple Indian pueblo. Expeditions to the Hopi towns and beyond to the "big ditch," the Grand Canyon, were equally discouraging. But there was news of other cities to the east. Spanish hopes rose and the party hurried over to the upper Rio Grande Valley. Once again they found adobe pueblos. They decided to spend the winter at Tiguex, near the present Bernalillo, New Mexico. During those rainy months the resourceful Indians soon obliged with stories of "Quivira," a land so rich in gold that people used it to pave the streets. The flame of hope was revived and glowed bright once again. Spring found Coronado and a party on the new hunt. They went through western Texas, the Panhandles of Texas and Oklahoma, crossed the Arkansas, and along the Smoky Hill. In central Kansas they came upon a poor dirty thoroughly ungolden village. This was Quivira. Coronado, with his crestfallen and sobered band turned back, richer only by the fact that they had learned of the "mas alla," of its geography, its peoples, and no "Seven Cities of Cibola." It is interesting to know that the Seven Cities of Cibola which never really existed were the pueblos of the Zuni Indians in New Mexico close to the Arizona border. The conquistadores gave Spain claim to territory equal to one fourth of the United States today. Proud Spanish blood flows in the veins of all the first settlers of La Luz. In 1860, at the age of eleven years, Jose Dolores Gutierrez came to La Luz with his parents, Mr. and Mrs. Jose Manuel Gutierrez. La Muralla I was born on January 13, 1889, at the mouth of La Luz Canyon. My father, Jose Dolores Gutierrez was eleven years old when the family arrived here from Lemitar, New Mexico. They homesteaded 160 (one hundred and sixty) acres in the canyon. In recent years a fresno tree was all that remained on the place. Grandfather Jose Manuel Gutierrez was one of the leaders of the group. He was born in Lemitar, New Mexico in 1806 and died at La Luz in 1889. He built the adobe home east of the park in La Luz. This was known as "La Muralla." The adobe wall around the park, built for protection against the Indians, was eighteen inches thick and five feet high. Eighteen inches above the ground were narrow lookout holes through which men lying on the ground could pour deadly rifle fire. Indians feared this arrangement so much that they never attacked the settlers sheltered in La Muralla. The Name "Tularosa" The pioneers named their findings according to the scenery. Because tule grass extended as far west as Las Lemitas near Tularosa, the town was named Tularosa. Also the tule swamp stretched west to Los Arroyos between La Luz and the White Sands. East of the White Sands, two lakes called Las Salinas, produced real salt which was gathered by the wagon load. I recall that the grain of salt looked like popcorn. After the settlers finally dried away the swamps, the salt lakes also dried up. Perhaps it is hard for us to visualize the vast swampland below La Luz made by the ever-running springs from La Luz and Fresnal Canyons. These unused springs ran off into the basin below. But swamp it was in those days in great contrast to the desert we now see. Original Settlers The descendents of Coronado and the Conquistadores were not seeking magnificent treasure, but they carried with them the same spirit or daring and adventure. They longed for a new and better life. My compadres like to tell true stories of events occurring on their family's trek to La Luz and their hardships as well as joys in settling on virgin soil. The first concern for each head of a family was to select a good parcel of land, then to build an adobe home and surround it with a stockade. The original settlers, who came in 1860, under the leadership of my grandfather, Jose Manuel Gutierrez were: The Gallegos brothers, Seferino, Luciano and Felipe, who came from Tome; Lorenzo Ulivarri, from Jarales; Jose Moya from Los Lunas; Bentura Jiron from La Joya; Bartolome Pino from Belen; and the Baca brothers, Francisco, Antonio and Martin who also came from Belen. My grandfather and Felix Trujillo came from Lemitar. Seferino Gallegos Sr. came to La Luz in 1860; he was among those who helped construct La Muralla. Candido Maya, the only surviving son of Jose Moya, now lives in Alamogordo; he says his father came from Los Lunas, New with New Mexico first group of settlers in 1860. Seferino Gallegos Jr., now deceased, was 74 years old. His father was born at Tome, New Mexico in 1831 and died at Ruidoso, New Mexico in 1918. They owned a farm 1/2 mile west of La Luz. Hijinio Jiron is the son of Bentura Jiron who was instrumental in the construction of La Muralla. Seferino, Luciano, and Felipe Gallegos were hired by the United States government to cut cordwood for the Mescalero Apache Indian reservation. Seferino homesteaded northwest of La Luz, raising corn and pinto beans. Seferino Gallegos was born in Tome, New Mexico in 1831 and came to La Luz, in 1860. He was one of the claimants of the land grant which he called Las Mercedes, by the original grantee, Tome Mendoza, when a treaty was signed by the United States and Mexico for New Mexico, Texas, Arizona and California in 1848 for $15 million. * * * Lorenzo Ulivarri paid a small price for several hundred acres of good land southeast of town extending to the mountains. In its location now stands the old railroad section house. At harvest time a dozen or more neighbors came with sickles to cut the wheat or pick the corn. They asked for no pay. In those days farmers gathered at each others fields, working until all crops were harvested. In 1896, Ulivarri sold his property to the El Paso Southwestern Railroad and moved to California. * * * Jose Moya homesteaded northwest of La Luz. He brought a herd of roan cattle and horses from Los Lunas. In 1896, I purchased a two-year-old colt from Mr. Moya for $12. He passed away in 1898. Candido Moya, his son, lives in Alamogordo. * * * Bentura Jiron was very instrumental in the building of La Muralla. In 1896 he sold his land to the railroad and later worked at the White Oaks mines. He died in Capitan al the age of83. His son, Ejinio D. Jiron is living in Dexter, New Mexico. * * * Bartolome Pino, and his wife Apolonia, came from Belen with his stepchildren Maximo, Manuel, and Juan Garcia. The boys ranged from twelve to sixteen years of age when they arrived at La Luz. Bartolome homesteaded in La Cienega, where he fought many scrimmages with the Apaches. On one occasion, around 1867, he and several other men were working on his farm and saw Indians herding away his forty head of cattle. Attempting to retrieve the animals, Bartolome felt the sting of an arrow in his hip. The Indians killed all the cows, straddled the carcasses across their horses and galloped away. Bartolome pulled out the sharp arrow and Seferino Gallegos helped him hide in a dugout. He recovered from the wound and became a well known "politico" on the Republican side of the fence. He was called "Pino Pinito." Juan's son, Juan Garcia Jr., and his wife, Paulita, have been residents of La Luz for many years. He passed away on December 19, 1967. In 1957, their daughter, Bertha, who is now Mrs. Joe Carabajal, was first queen of the annual La Luz Fiesta. Another one of their children who became outstanding was Benjamin Garcia. Benny was a football star and a very good athlete in high school. He participated in the Olympics in Australia in 1956 setting a record for the Javelin throw which was not broken until 1965. This year Benny has again made an outstanding record in his chosen profession of insurance. He was recognized in the Phoenix newspaper, The Arizona Republic, citing Benny with total sales of more than one million dollars of insurance during 1969. * * * Francisco Baca and his brothers Antonio and Martin built their dwelling in 1860, which later became Crocket's Store and presently known as "Mary's Grocery," operated by Mrs. Garcia and her husband, Cristobal. Indians traded with Francisco and his wife for "what have you?" He bought from them a seventeen year old captive Mexican senorita named Guadalupe. He paid $25 and a saddle horse for the pretty maiden and then turned right around and gave her in marriage to his brother Martin. For protection from the Indians, the brothers built their homes beside "La Muralla." Today little trace remains of those sturdy walls, but the adobe homes are still in use. Spring brings beauty to the park "La Muralla" with pink flowering peach and quince blossoms. * * * The first post office in La Luz, was at Antonio Baca's house south of La Muralla and the first Postmaster was John T. Fortson, who at one time held the office of Justice of the Peace. To establish the fact that up to 1888, Antonio Baca owned the property, I will insert a copy of an extract from the old records as an agreement for that year: "Know all men by these presence that I, J.H. Good of the first part and Cruz Duran and his father, Domingo Duran of the second part have entered into an agreement in which the party of the first part has rented his farm, known as the Antonio Baca farm, for the year 1888 less what he has seeded in grass, and further agrees to repair fence with posts and four wires and teams to plant, two horses to cultivate the said land, also plows, two hoes, two sweeps, three water rights, seeds, corn and small grain to plant the same and also agrees to let party of the second part have such provisions as they need during the season. “Whereas the party of the second part agrees to pay for said provisions o ut of their part of the crop and deliver to the party of the first part one -half of everything raised to his house or barn." Witnesses: J. M. Buchanan Ed Good John H. Good Cruz Duran Domingo Duran In the late 1860's a newcomer named Mariano Ramirez built the first three rooms on the land for which Perry Kearney in 1880 applied as a homestead entry. Of course Mr. Ramirez was never able to secure a deed for the land, he just acquired it on his own by saying, "From this corner to that post to the south is mine and to the north is yours." Due to the lack of a proper deed he was forced to leave. When Mr. Ramirez left, Perry Kearney moved in and hospitably said, "Y'all come." These early settlers bought and traded land without surveying it or recording deeds. From a certain rock to a designated tree marked a boundary and a man's word meant as much as his signature. A common arrangement was to trade a horse and a saddle or a team of horses for a piece of land. * * * Arriving three years after the first settlers was William Ostic, a Canadian. He built a much needed flour mill in Fresnal Canyon. For many years he supplied flour and meal to the inhabitants. Water was ditched from the creek to a trough and poured gushing over the wheel to furnish power. The big millstones were freighted in from Saint Louis, Missouri. A heavy bull-hide was suspended over the burrs of the mill. Patrons poured their corn or wheat into the bull-hide, then sat down to relax and enjoy the "grist of the news" while the faithful mill ground out the "grist of the grain." This landmark now lies in ruins. William Ostic built, owned and operated the flour mill for many years. The old grist mill in La Luz Canyon. It was owned and operated by William Ostic and flourished for many years. The widely known landmark is in ruins today. John and Jesse Ostic standing by the last of the ruins of the William Ostic flour mill in Fresnal Canyon. * * * Another settler who came to La Luz a few years after the first settlers was James Jay Hill who came from Kentucky. He homesteaded at the mouth of Alamo Canyon and was the first rancher there. In later years he sold his farm to O.M. Lee who later sold it to the railroad. James Jay Hill was one of the first owners of Alamogordo water in 1870. He came to live in La Luz in 1881. In 1881, Mr. Hill moved to La Luz, and lived here until he died and is buried in the La Luz cemetery. * ** Thomas Keeney came from Missouri in 1869 and married Isabel Hill, daughter of James Jay Hill. Mr. Keeney was a blacksmith. He also fixed wagons and plows for the settlers. He was also a Justice of the Peace in 1887. The following is an agreement between William Gentry and Luis Duran which Mr. Keeney drew up. It is copied from the actual record kept at that time. Territory of New Mexico County of Dona Ana This indenture made this 12th day of December 1887, Witnesseth that William Gentry hereby leases to Luis Duran all his farm situated in the Palmar, heretofore occupied by William Gentry containing 25 acres more or less with appurtenances pertaining to said farm; also the use of two plows to be held by said Luis Duran for the term of one year to the 12th day of December 1888 next and for the use of said land one third of the entire produce thereof to be harvested by the said Luis Duran and delivered to the said William Gentry at his home in the town of La Luz. Said Luis Duran agrees that he will do all the ditch work and treat such premises in a husband-like manner; that he will not make or suffer any waste thereof, nor underlet the same or any part of the same without the consent of the lessor in writing and that he will deliver up possession of the said premises and all the implements in his possession at the end of said term or the earlier termination of this lease, and in as good order and condition as the same is now in, or may be put in by said Lessor reasonable use and wear, care of accidents by fire and other casualties without the fault of the Lessor excepted more that the said William Gentry is to furnish said Duran with all the small grain that the said Luis Duran needs to plant on said farm, and that said Luis Duran is to return the same amount of said William Gentry at the time of harvesting. In witness hereof said parties set their hand and seals this day and year first above written. Executed in presence of me, Thomas Keeney, Justice of the Peace, Precinct No. 14 "Gringos" Some notables cared nothing for the thick green grass or roving herds of cattle. Pretty muchachas attracted young blades like Perry Kearney, William Ostic, Patrick Mackey and Humphrey Hill. The villagers enjoyed festive wedding parties as the lovely maidens promised to love, honor, and obey their new husbands. In the beginning of the 70's, in the days of the cattlemen such as John Chisum, cowpokes rode in from Texas. They wanted to own fertile acres rich with "grama" grass growing belly high to their horses and providing good pasture for cattle. By a curious set of circumstances the nickname "Gringo" for anglos originated among the Spanish speaking population. Two cowboys reaching the Hondo Valley stopped outside a Spanish family's home. "Can we get something to eat?" they asked. While they were eating mush they raised their eyes to the hillside. "Look at the green grass," one of the men exclaimed. They mentioned "green grass" several times. The expression stuck in the minds of the family. They had never seen anglos before and quickly started calling them "gringos" from their enthusiastic remarks about "green grass." * * * Trouble with the Indians ended after 1880, but among the cowpunchers there was much bickering and fighting. Some of them were "trigger happy" and killings occurred somewhat frequently, as they fought principally in quarrels over land, water or livestock. One of the first killings took place at the head of Dry Canyon, where Calletano Arana herded sheep for Manuel Gutierrez, Bentura Jiron, Perfecto Rivera, and himself. Cristobal Arana, Calletano's son, who was born in La Luz, and now lives in Alamogordo states: "My father was killed in 1887 when I was two years old. I've been told that three men killed my father to run him off the water and land. After many days' search and noticing crows perched on a dead branch, searchers found the body in a thicket." * * * The Indians were very resourceful in preparing foods. They used many useful wild plants like mescal and maguey. Apache women worked hard gathering and cooking the head of the mescal, one of their staple foods. They baked it for twenty-four hours or more in a pit of heated stones, the hole was covered over with damp grass and earth. When this large artichoke-like plant was thoroughly cooked, it was uncovered from the fire-pit, the petals peeled off and eaten, and the heart sliced like cheese and dried for later use. This food was sweet and nutritious. Other natural foods included sunflower and various weed seeds, wild grass, wild onions, and dried fruit of cactus and yucca. The women ground acorns, huckleberries and mesquite beans. These sources of food were found in the desert and mountains east of La Luz, where white men would have starved. * * * Victorio was a cruel Apache, who during his last outbreak from Warm Springs Reservation in the fall of 1879, came raiding south. He attacked ranchers and travelers, killing without mercy. He caught Francisco Baca, my wife's grandfather, in ambush near the old O.T. Camp south of 16th Street and Florida Avenue in Alamogordo. Francisco and five other farmers were murdered while cutting sugar cane. Firmly fixed in the mouth of one victim was a short piece of sugar cane he had been chewing on. These bowl-like vessels were carved out in the mortars by the Indians. They were used to grind and cook mesquite beans, cactus and yucca plants. Cristobal Arana was born in La Luz in 1885. Adobe walls of the Catholic Church when it was being built in 1896. Churches La Luz had no church until a group of settlers started a Methodist Church, stealing a march from the predominantly Catholic Spaniards. In the early 70's William Ostic and his wife Ramona Corona, Thomas Keeney and his wife, Isabel Hill became the founders of the new church. Faustino Acuna, joined the Methodist Church and took an active part in laying the adobe walls. He raised his family in La Luz, and according to his daughter, Esther Acuna, now deceased, her father had his children baptized in the Methodist Church. Another couple active in the construction of the church was William Gentry and his wife. They owned property in Polmar, just northeast of La Luz. These few persons were the founders and in time more members were added until the church flourished into a large congregation. In 1896 settlers began construction of a Catholic Church in La Luz. I recall seeing Felix Gonzales, Gertrudes Gomez, Pomposo Maese, Vidal Mercado, and Juan Gurule working on the building. The walls went up to about seven or eight feet but were never completed because a deed could not be secured for the property and due to lack of funds. To this day the situation has changed somewhat. There is no Methodist Church. However, La Luz proudly presents two very nice churches, the Catholic Church--Nuestra Senora de La Luz, and the Baptist Church, to serve the spiritual needs of the community. About Myself and Family I attended Carlisle Indian School in Pennsylvania with the famed Jim Thorpe. When Jim met me on the campus he would greet me, "Hello, there, you sawed-off, hammered down Hunky." I attended his wedding which took place in the Catholic Church in Carlisle. He got married after his triumph in the Olympics at Stockholm, Sweden. He was an all around athelete, a very happy man, not yet plagued by the tragedies that followed in his life. For several years I worked for Wells Fargo delivering express packages until I began repairing logging cars for the Southern Pacific Railroad. The railroad came through La Luz in 1897. The building of this railroad, under the direction of Charles B. Eddy, was quite an accomplished feat. It was build for the purpose of getting to the timber at Russia, New Mexico. The timber was needed by the railroad to make ties in order to expand the operation of the Southern Pacific Railroad. On December 16, 1916, I married my childhood friend, Aurelia Borunda. She remembers her fear of the Indians and how she sometimes hid under the bed when a child. We are proud of our seven sons: Albert, employed by McDonnell-Douglas Aircraft in Long Beach, California; Ernest, employed by the State Department as American Consul General in Palesmo, Italy; Steve and Richard, employed at Holloman Air Force Base; Rudolfo, employed by the National Restaurant Supply Company of El Paso; Fidel, with the Defense Language Institute at Fort Bliss; and Gilbert working on the property at La Luz. We are also proud of our seven daughters-in-law, twenty-one grandchildren and six great grand children. As a family tradition we all gather in my home for a joyful Christmas celebration. My family and I lived in Los Angeles between 1939 and 1941 while I worked for the Southern Pacific Railroad Company. Then we returned to live in the historic adobe dwelling built in 1863 by Mariano Ramirez. Perry Kearney sold the house to Dave Sutherland in 1890. The Tom Charles family occupied it for twenty-five years. I purchased it in 1938 and have lived in it ever since. The adobe walls are two feet thick and the ceilings, in some rooms are eleven feet high. * * * Two men who met tragic fates are linked with my home. They are Judge Albert Fountain and Billy the Kid. The former home of Dave Sutherland, host to Judge Albert Fountain and son on the night before they rode off toward the White Sands never to be seen again. The Tom Charles family lived here for 25 years, and the home is now owned by the J.J. Gutierrez family. The adobe walls of this old structure are two feet thick, a fine example of old time construction. Colonel A.J. Fountian The Judge and his nine-year-old son Henry spent the night of January 31, 1896 in the house. Because of his position as a Judge and the fact that in his previous job as District Attorney he prosecuted many violators of the law, Colonel Fountain had many enemies. In fact, it was known in La Luz that some people in this area were anxious that the pending court case in Las Cruces, for cattle rustling, not be held. On the other hand, Judge Fountain's fearless dedication to carrying out justice in the territory, when murder was commonplace, brought him the respect and admiration of law-abiding citizens. Dave Sutherland did not hesitate to provide lodging for him and little Henry while they were en route to Las Cruces. My wife's father, Francisco Borunda, a mail carrier from Las Cruces to La Luz, met Fountain and his boy between the Organ Mountains and the White Sands. The Colonel informed him that three men were following him. He suggested the Colonel and the boy return to Pelman's Well for the night, and resume his journey on the following day. Anxious to get home to his family, the judge refused, and displayed his trusted "shootin' iron." Some accounts say that Henry confidently said, "Papa, I'll drive while you shoot." William Carr, known as "El Tuerto" was hired to be on the lookout of the whereabouts of the Judge and his son. I personally knew "El Tuerto" since he rented a room at our house for $5 per month. Other persons who saw the Colonel and his boy alive and on the way to Las Cruces were: Edwin and James Wayland, Tom Givins, and Lonjino Gonzales. Judge Fountain and his boy never arrived at Las Cruces. It is believed that they were killed that evening of February 1, 1896 at Loma Blanca, "Chalk Hill." However, no bodies were ever found, neither was there any trace left of the horses or the buggy. In order to conceal the crime, a herd of cattle was driven over the earth to erase tracks or any evidence. The last man Judge Fountain talked to was Francisco Borunda, a mailman whose route was between Las Cruces and La Luz. Frank Borunda Jr. was born in La Luz March 1, 1888. Jesus Borunda and his brother Frank had adjoining farms in Laborcita Canyon. Carlos Borunda was born in La Luz in 1885. * * * Billy the Kid It is said that by the time he was 21 he had killed 21 men. Billy the Kid hid in the chimney of this fireplace when Sheriff Pat Garrett was looking for him. The other person connected with my home was Billy the Kid, born in New York City in 1859, the son of William and Catherine Bonney. His father died soon after the family moved to Coffeyville, Kansas. Mrs. Bonney found it difficult to support herself and her small son during those hard days: Eventually she married again, not knowing that her husband would die at the hands of her own son, Billy. The family moved to Silver City, New Mexico. Here Billy embarked on his career of writing the history of the west--with hot lead. On April 28, 1881, Billy the Kid killed Bud Ollinger and deputy sheriff Bell at the jail in Lincoln, New Mexico. He ran away via Capitan to the Malpais Country and down the Rio Grande to Las Cruces. Mexican families befriended the young outlaw because he conducted himself as a perfect gentleman. His bright wit and enthusiasm charmed both sexes. Sometimes he discussed religion with the Padres of the Roman Catholic Church. Sheriff Pat Garrett said, "Billy the Kid was a likeable fellow. You certainly would not have taken him for a fighter or a killer. But he was the most murderous youth that ever stood on shoe leather, and he was game all the way through. When I started to hunt him down I hoped to capture him but not to kill him." No doubt Garrett felt a deep respect and admiration for Billy, but he was on the side of the law. While the Kid was fleeing Garrett, he stopped at my home and told Mrs. Maria Kearney that he wanted something to eat. While he was eating, Pat Garrett showed up. Mrs. Hick Haynes states that the Kid hid high up in the chimney of the fireplace and Garrett was unable to find him. White Sands One of the beautiful sights seen from La Luz is the great White Sands. It is located between Alamogordo and the Organ Pass. It contains great deposits of windblown gypsum sand. In the bright New Mexico sun the sands resemble a vast snowfield. The 146,525 acre monument was established in 1933. Since my boyhood I have enjoyed the view of the beautiful streak of white sand extending for miles from north to south. * * * Other descendents of early settlers of La Luz who are still living are: Frank Borunda, my wife's brother; and Carlos Borunda, my wife's cousin. They remember much that their fathers told them about the early settlers in La Luz. My father-in-law, Francisco Borunda and his brother Jesus Borunda had farms in Loborcita Canyon. * * * One of my most valued possessions is a battered old account book in which different court cases and their verdicts, part in English, part in Spanish, were kept by different La Luz Justices of the Peace. It tells story after story of the "good" old days. Some of the cases and the people involved are part of my boyhood memories. Charges run all the way from drunk and disorderly conduct in the plaza to grand larceny, carrying deadly weapons, gambling without a license, threats of murder and the like; enough to show that we had effective law enforcement in La Luz and that there was plenty of need for it. Fines levied in court now seem ridiculously low. Some examples are: Warrant $.50; Filing papers $.15; Witness $.50; Constable costs $.75; Traveling $.90; Train costs $.40; Interpreter $2.00; Subpoena $1.50; Notice to Witness $1.50; and Docketing $.25. Water About the year 1897, when the railroad bought land and water from many La Luz residents and diverted the water to Alamogordo, a law suit had to be brought by the lot owners against the Irrigation and Improvement Company, to keep it from diverting all the water to Alamogordo. Las Cruces, N.M., April 26th, 1898. IN THE DISTRICT COURT OF THE THIRD JUDICIAL DISTRICT OF THE TERRITORY OF NEW MEXICO IN AND FOR THE COUNTY OF DONA ANA. Juan Jose Gutierrez, et al, versus La Luz Irrigation and Improvement Co., et al No. 2022 Recorded in Chancery Record C, Page 657 et Seq. Sanuel H. Sutherland, Francis B. Stuart and David M. Sutherland versus Juan Jose Gutierrez, et al CROSS BILL This cause corning on to be heard upon the Motion of A.B. Fall and S.B. Newcomb, Solicitors for the parties to this suit, for a Final Decree herein by consent and in persuance of a Stipulation heretofore filed in this cause, and the court having heard said motion and being fully advised in the premises. It is ORDERED, ADJUDGED AND DECREED as follows: That the amount of land o wned by the complainants and others, as shown and designated by and on the plat filed in this cause, which shall be entitled to water for irrigation shall be, and hereby is, fixed at thirty seven and one half acres and no more, and the amount of land owned by the defendants and others in said original bill, and plaintiffs in cross bill, which shall be entitled to water for irrigation shall be fixed at sixteen and one half acres and no more said total of fifty four acres being situated in the Southeast quarter of Section twenty six, Township fifteen South, of Range Ten East, upon which the town of La Luz is situated. That said fifty four acres of land shall be entitled to a flow from the La Luz and Fresnal canyons acequia whenever and as long as any water fl ows through said ditch a permanent stream of thirty six inches of water which shall be perpetually run, day and night, through the two present community ditches belonging to the said town of La Luz, which quantity of water shall fill an opening or gate six inches in length and three inches in width, through each of said ditches, making eighteen square inches of water through each ditch, this right of water shall be and is hereby decreed to be perpetual and free from fatigue, or common work, on the said La Luz ditch and put into the two town ditches up to the head of said La Luz Ditch. That the said thirty six inches of water shall be allotted and divided under the community ditch system, now in operation in the said town of La Luz, to the respective owners of said fifty four acres of land, proportionately, according to the amount owned by him or her, at the rate of four hours of water for each acre so owned; that each owner or any fraction of said fifty four acres shall be entitled to all of the said thirty six inches of water for his or her land, in proportion to the amount of said land, at the said rate of four hours for each acre, that each of said owners of said fifty four acres of land shall have, and he hereby is adjudged and decreed to have a perpetual right to the use of his or her proportionate part of said thirty six inches of water to be used on his or her said particular piece of land and for domestic purposes of said owner or his or her heirs or assigns, as an appurtenance of the said land so owne d by such person. That the Community Ditch Commissioners may allow a small stream of water to run in said community ditch for purely domestic purposes at all times. That the said water shall be proportioned and distributed upon said land as provided in the plat of said land filed in this suit and marked "Exhibit A." That the said plat be and the same hereby is made a part of this decree, and the same to be entered on the records together with this decree, on a reduced scale, and a duplicate of said plat be filed in the office of the Probate Clerk and Ex-Officio Recorder of said County of Dona Ana. That the costs of this cause and the costs of the mandamus suit of Samuel H. Sutherland vs. Thomas Keeney, et al, No. 2027 to be taxed shall be equally divided between the parties to this suit- that is to say, the plaintiffs shall pay one-half or moiety and the defendants the other half or moiety thereof and that execution issue therefore. Done at Chambers at Hillsboro this 25th day of April, 1898. Frank W. Parker Associate Justice of the Supreme Court of The Territory of New Mexico and Judge of The Third Judicial District Court Thereof. *** To show how the water was allocated to the property owners in relation to their water rights, I copied a list. The water was allowed for use in rotation. LOT OWNERS Jesus Borunda D. M. Sutherland J. J. Gutierrez C. Meyer C. Meyer C. Meyer LOT NO. 1 2 3 4 5 6 HOURS WATER hr. min. 2 - 30 21 - 0 16 - 0 1 - 45 2 - 15 1 - 15 J. J. Gutierrez T. Chavez E. L. Reynolds F. B. Stuart James Hill J. T. Fortson C. Meyer P. Mackey Marie Faharda Muan Maese Manuel Garcia McKinny A. L. Chandler Antonio Baca Juan Baca Florencio Luna E. Moya R. Montoya D. M. Sutherland C. Meyer M. E. Church Faustino Acuna L. D. Fite H. Montoya H. Gonzales L. Gallegos L. Duran F. B. Stuart J. F. Wayland George S. Ott Marcelo Rios Mrs. M. Wayland E. L. Reynolds Borunda & Baca M. F. Wayland W. E. Carmack Pomposo Maese W. H. Wharton Phillipe Gallegos Mrs. E. Gentry M. Corona B. Baker S. H. Sutherland 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 1 - 45 1-0 1 - 15 2-0 0 - 30 0 - 45 1-0 3 - 15 0 - 30 0 - 30 1-0 3 - 15 3 - 30 2 - 30 2 - 30 1-0 1-0 1-0 2 - 30 10 -45 2-15 3-15 1 -45 1-0 0-30 1-0 1 - 30 11 - 0 5-15 17 - 0 3-15 7-0 6-0 1-15 1 - 30 9-0 3 - 30 1-30 1 - 45 1-0 3-0 18 - 0 30 - 0 Again in 1911 another effort was made by the Alamogordo Improvement Company, a corporation, to take our water rights from La Luz and Fresnal Canyons to Alamogordo. This was a suit versus E. T. Cadwallader. Defendant Cadwallader owned land and water rights in Fresnal Canyon, also in La Luz, but on the rights of the parties in the Townsite of La Luz, the suit was dismissed in our favor. Alamogordo from time to time has tried to dry La Luz, altogether. We had 36 inches of water right, somehow they managed to take a bite and chewed off one third of the amount which was twelve inches and left us with only twenty four inches with no respect for the water law which protects the La Luz Townsite since 1898. Read suit No. 1037 below: IN THE DISTRICT COURT OF THE THIRD JUDICIAL DISTRICT OF THE STATE OF NEW MEXICO IN AND FOR THE COUNTY OF OTERO. Alamogordo Improvement Co., A Corporation Plaintiff vs. E. F. Cadwallader, et als., and Defendants Complaint in the above named matter was filed on the 15th day of April, 1911, asking for an adjudication of the waters of La Luz and Fresnal C anyons, said waters being a portion of the waters appertaining to the real estate described herein, that thereafter summons was served as provided by law; and on or about May 29th, 1917, the testimony was taken in said matter; and Final Decree was rendered in the matter on July 24, 1918, and under stipulation entered by parties interested, it was agreed and decreed that the decree of the above named Court under date of April 25, 1898, fully adjudicated the rights of the parties owning lands within the said Townsite of La Luz, and that said rights were not to be affected by this suit and that said suit be dismissed as to them. Court Cases The record of many court cases is so interesting that I have selected a few samples just as they were put down in handwriting by various Justices of the Peace. Perhaps the most interesting case is the one about Frank (Frenchy) Rocha. Frenchy was a valiant man from France who lived on a small ranch in dangerous Dog Canyon. Living alone, he raised a few cattle, set out an orchard and grew vegetables. He did not seem to fear marauding Indians or land hungry white men. One day Frenchy was found dead in his cabin. According to hearsay, three men rode up to his cabin and killed him. No effort was made to find the identity of the killers because the jury, along with Faustino Acuna, the Justice of the Peace, who investigated the case, declared it a suicide. Frenchy's little cabin still stands as a lonesome memorial to "the bravest man in New Mexico." * * * The following is a copy of court case number 69 pertaining to the death of Frank Rocha. On this 28th day of December, A.D., 1894, before me, Justice of the Peace, for Precint No. 14, County of Dona Ana, appeared David Sutherland and reported that he had received notice by Daniel Fitchet, that Frank Rocha was dead at his ranch in El Canon del Perro, (Dog Canyon), in his residence, and it was not known the cause of his death. Immediately a coroner's jury of six men was selected by Deputy Sheriff Felix Gonzales. The jury left for Dog Canyon the same day, December 28, and arrived at the house on the 29th at 8 a.m. The jury at once held the investigation and went in the house and found the body of Frank Rocha lying in the bed and a Winchester rifle caliber 44 on the floor. The jury made an examination of the body of Frank Rocha, and presented the following: We the undersigned, Justice of the Peace and Jurors, have attended the investigation this 29th day of December, 1894, on the body of Frank Rocha, found in Dog Canyon in Precint No. 14, Dona Ana County, found that the deceased met his death by reason of a shot in the chest by himself, with a Winchester rifle caliber 44 according to the best information that could be found. Faustino Acuna, Justice of the Peace, I herein use my official seal this 29th day of December 1894. Jury: D. M. Sutherland, W. D. Tipton, James Wayland, Jose Torres, Pomposo Maese, and Luciano Gallegos. Frenchy 's Cabin Other Court Cases The following are a few brief court cases that are of interest to read. Drunk Case Territory of New Mexico Territory of New Mexico County of Dona Ana John L. Robbins Found Drunk in the Plaza Now comes John Meadows and presents one John L. Robbins found drunk in the Plaza of La Luz. On being arraigned the said John L. Robbins pled guilty to the charge, it being the first offense he was discharged upon settling with the officer for the costs of arrest. D.M. Sutherland J.P. Pct. No. 14 * * * Court Case Number 8 For assault on the property of John H. Good: Territory of New Mexico John H. Good versus County of Dona Ana Felix Trujillo On this 30th day of July 1888, personally appeared John H. Good before me, Justice of the Peace, in and for Precinct No. 14, of Dona Ana County, and under oath said that Felix Trujillo, permitted a party of Mescalero Apaches to camp inside of his property, and claimed $30 damages. Both parties being present, asked for a jury trial. A jury was summoned and placed in possession, the evidence was investigated and the court gave the Jury the instructions and after a reasonable time the Jurors returned with the following verdict: We the members of the Jury found the defendant not guilty. D. M. Sutherland, President. I herein stamp my official seal this 30th day of July 1888. Humphrey Hill, Justice of the Peace, Precinct No. 14. Court Costs $3.50 Constable Fee 2.65 $6.15 * * * Court Case Number 9 Territory of New Mexico County of Dona Ana The Killing of Walter Good On this 30th day of August, 1888, appeared John H. Good, and under oath says that he had found the body of his son, Walter Good, in the White Sands on the 14th day of August 1888. A coroner jury was summoned to investigate the body, an examination was made and found the present report; we the undersigned, Justice of the Peace and Jury hav e attended the investigation held on the body of Walter Good, found that in precinct number 14 in the County of Dona Ana Territory of New Mexico, that the deceased had his death by reason of three shots, two in the head and one in the back. Humphrey Hill, Justice of the Peace. Jury, Agustin Villarial, Gertrudes Gomes, Juan Garcia, Pomposo Maese, Luciana Gallegos and Jose Antonio Apodaca. Cross marks my grandfather's grave at La Luz cemetery. Cemetery The old La Luz Cemetery bears testimony to the many people contained in this story, by markers old and weatherbeaten, by many graves left unmarked, where lie the decendents, the loved ones, and the friends of all those who have helped to keep...undimmed "La Luz"--the light. In this old, quiet cemetery you can find some misspelled words in the inscriptions of the tombstones. Upon reading them you cannot help but smile. Two examples of these are: "Dide in Peace" and "Rest in peas." *** I am proud to help preserve and to pass on to future generations my memories of a little place called La Luz, which will live in my heart forever.
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