Forty Years at El Paso, 1858-1898 — John Stuart Mill — John Shaqi
Forty Years at El Paso, 1858-1898
John Stuart Mill · en
This thing was not done in a corner. Every attorney of that Court knew
the facts exactly as I have stated them, and it was a duty they owed to
themselves and to the profession to have disbarred the attorney, but he
stood fairly well socially and had been a “good” Confederate and
Democrat and I was only a frontiersman and Republican, and so _they
elected him a Judge of the Supreme Court of Texas_, as had been done
with the lawyer in the case mentioned above. I believe there is a legal
maxim, or a legal axiom, or a legal _fiction_, that there can be no
wrong without a remedy, and I am asked why I did not pursue the remedy.
Oh, I don’t know. I suppose every man of affairs has sometimes in his
life done or neglected things which he could scarcely explain afterward,
even to himself. I was seven hundred miles away, and my attorney was
well paid in advance for looking out for my interests, and unless he
choose to act I don’t think I could have broken the combination. There
are times when even the most energetic men become discouraged and weary
of strife, and for a time at least feel like letting things drift as
they may.
In 1873 I had a suit pending in court at El Paso involving the title to
valuable real estate, and I paid an El Paso attorney $800 to attend to
it.
In my absence and without my consent this lawyer compromised me out of
court for a worthless consideration, and I lost the property. Of course,
I might have repudiated this compromise, but I was handicapped by the
fact that the property in question was held in trust for me by my
brother, E. A. Mills, and the lawyer had induced him, by claiming to
have authority from me, to re-convey the property; and the legal
machinery here at that time was such that I thought it hopeless to
litigate further.
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LITIGATION ABOUT EL PASO PROPERTY.
When the Confederate forces left El Paso and the United States troops
took possession, in 1863, such of the county records as had been
preserved from destruction were by common consent delivered to me for
safe keeping, to be turned over to the proper county officers as soon as
such officers should be appointed or elected. This, and my long
residence here, gave me the opportunity of becoming the best informed
man in El Paso as to titles, boundaries, possession, etc., so that when
the railroads and the boom came and city lots became valuable and there
was a general shaking up and deciding of titles by many suits in the
courts, I was almost a standing witness. I verily believe that more of
these cases were decided upon my testimony than on that of any other
half dozen witnesses, and all this testimony was given without receiving
or expecting a dollar’s compensation. The juries believed me, and so far
as I know not even the most zealous lawyer ever questioned my testimony,
though there were some “keen encounters of wits.”