In 1871, when the Davis administration was in full power and the
notorious State police of that day were “rough riding” over the State,
one John Atkinson (of whom more anon) commanded that force in El Paso
County.
I went, with my wife and brother, A. E. Mills, in my ambulance to attend
court at San Elezario, which was then the county seat. There was a State
law against carrying arms, “except when traveling,” and we went armed.
Immediately upon arriving at the county seat my brother and myself were
arrested by Atkinson and his police and taken from the ambulance,
leaving Mrs. Mills alone, and carried toward the jail. At that time the
Mexican people thoroughly hated Atkinson and his party, but were devoted
to me and my friends. There was some halting and parleying before we
reached the jail door, and we saw groups of Mexicans consulting here and
there and occasionally one with arms. I remember my brother whispering
to me: “These people will take us out of jail before morning, but we
will probably be dead.”
A Mexican, Maximo Aranda, who was justice of the peace, summoned
Atkinson to bring his prisoners before him, and immediately ordered our
release upon the ground that we were travelers and had a right to carry
arms.
That night I went alone and unarmed to the house of a respectable
citizen, where I had been invited to a party. I took a seat at one side
of the room. The District Judge, District Attorney, Sheriff and Clerk of
the Court, all enemies of mine, were dancing. When all were seated and
the music ceased Atkinson stood before me, one hand on his six-shooter
and the other in my face, and called me many pet names, the mildest of
which were “coward” and “liar,” and threatened to shoot me if I spoke or
moved.
I remained silent, and my assailant was called away. Presently Johnnie
Hale sat down beside me and whispered that he had two pistols and would
give me one if I would not use it unless attacked and would go away with
him. I accepted, and we left the house.
Court was in session, and the next day the grand jury presented an
indictment against Atkinson for aggravated assault. The District
Attorney declined to prosecute, and James A. Zabriskie volunteered to
take his place. Will the reader believe that that “carpetbag” Judge
(from Canada), appointed by Governor Davis to administer justice over a
people he had never seen or heard of, forbade Zabriskie to prosecute for
aggravated assault, and declared from the bench that he knew it was
merely a simple assault _because he witnessed it himself_! I take
pleasure in recording the fact that this Judge was removed from office
by the Legislature of Texas. Atkinson’s violent death is recorded in my
account of the San Elezario mob, and that of Johnnie Hale in the account
of the killing of Kramkrauer, Campbell, Hale and a Mexican at El Paso in
1881.
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