Along with what I purchased was a six-eighths’ interest in the El Paso
town tract belonging to the Gillett brothers, who were then absent with
the Confederate army; but some years later, when they returned to El
Paso and we patched up a peace, I proposed to them that if they would
join their title with mine I would pay their debts, amounting to a few
thousand dollars, which debts were a lien on the property, and we would
hold it share and share alike.
This they declined to do, and in the end they lost it all. So did I, for
years later the Supreme Court of the United States decided, _not_ that
the property was not subject to forfeiture, as all such property
certainly was, but simply that the Act of Congress referred to did not
confer the jurisdiction claimed by the Court at Mesilla.
Without a murmur I reconveyed all the property to the original owners
and lost the eighteen hundred I had paid the Marshal.
Then the Gillett’s creditors sold them out. I had held possession of the
town tract and paid taxes on it for five years.
It has been said that I purchased the property of Simon Hart at the
confiscation sale. That is not true. I purchased that property at
Sheriff’s sale on a judgment for false imprisonment, which I obtained
against Hart in a Texas court, which judgment was twice affirmed by the
Supreme Court of Texas.
In 1871 I was the owner of a portion of Franklin Heights, of the city of
El Paso, then known as Hart Survey, No. 9.
Being in Washington City I met my friend, Gen. Robert B. Mitchell, and
gave him a power of attorney to sell the property. He sold to different
purchasers, to the amount of $14,000, and we divided the proceeds share
and share alike.
The property was then considered valueless by those who knew less than
we did, but it is now worth forty-fold what we received for it. Among
the purchasers were George W. Gray of Washington City and one Peck of
Kansas, and others.
The recording of the deeds in El Paso County aroused the jealousy and
hatred of my El Paso enemies, and, heedless of what harm they might do
to others so long as there was a prospect of injuring me, they wrote the
purchasers that I had no title to Survey No. 9, that the property was
worthless, and that I was a swindler.
It is strange that the purchasers took these statements at par, and
instead of investigating or communicating with me they sued me in
Washington City for the purchase money, charging fraud, and got service
on me there. I demurred them out of court, and came home, and being
angry with the purchasers I paid no further attention to them or their
troubles.
None of them, ever asserted their rights to the property, WHICH THEY
COULD HAVE DONE SUCCESSFULLY IF IN TIME.
These strange facts being of record in El Paso County have caused a lot
of talk, and many a lawyer has believed he had made an important
discovery and has had visions of profitable litigation. I have been
interviewed about this transaction one hundred times, more or less.