We are told in the Biblical book of
Matthew (10:26) "There is nothing
concealed that will not be disclosed, or
hidden that will not be made known."
The truth of that wisdom will be shown in
this narrative. I believe that the
information contained in the investigative
report by Captain Fred Fornoff of the
New Mexico Mounted Police contained
the real reason why Pat Garrett was
murdered nearly nine decades ago. Some
of the data shared here was not made
public before my presentation to the 1996
WOLA Convention.Join me now on the
journey to seek new light on the murder
of Pat Garrett.
Fred Fornoff and Pat Garrett were not
friends. Their names however are linked
for all time. The El Paso flmes caught
the essence of Garrett's life saying, "Pat
Garrett was the victim of a reputation he
did not seek and for which he was not
responsible, simply because he was
placed in the category of dangerous
men."
The Alabama-born Patrick
Floyd Jarvis Garrett had been a Texas
ranger captain, buffalo hunter, rancher,
customs collector, and sheriff of both
Lincoln and Dona Aria counties in New
Mexico. Pat Garren always seemed to
have money problems due to his
gambling and it was this weakness that
caused his death.
Frederick Fornoff was born in
Baltimore, Maryland, in February, 1859.
He came west to work as a miner, brick
maker and day laborer He served as
one of Teddy Roosevelt's Rough Riders
in the Spanish American War, but Fornoff
earned his reputation as a manhunter
while city marshal of Albuquerque,
deputy U.S. marshal, secret service agent
and special investigator for the Justice
Department. It was, however, as captain
of the New Mexico Mounted Police that
Fred Fornoff earned his place of honor
in southwestern history. He died in
November 1935 at the Veteran's Hospital
in Sheridan, Wyoming and is buried in
the National Cemetery at Santa Fe, New
Mexico.
Pat Garrett, while serving as sheriff of
Lincoln County, had killed an escaped
murderer named Henry McCarty. The
New York born outlaw was commonly
called The Kid or Billy the Kid. In later
years Captain Fornoff was vocal in his
contempt for the romantic legends that
had developed around the young outlaw.
Fornoff was often heard to say, "Billy the
Kid was a viper and a danger to society.
Ole Pat done right when he killed him."
It was Leap Year Day. Mid-morning
Saturday February 29, 1908, was the
appointed time for 57-year-old Pat
Garrett to meet his fate at a mesquite-covered desert crossroads called Alameda
Arroyo on the desolate Mail Road a few
miles east of Las Cruces, county seat of
Dona Ana County, New Mexico. A
chunk of lead slamrned into the back of
Pat Garrett's head pushing some of his
graying brown hair into his skull. The
aging bounty hunter was knocked
forward, hit the ground and rolled over
on his back as a second piece of hot lead
bored into the front of his body.
Later that morning a local cowboy
named Jessie Wayne Brazel walked
calmly into the Dona Ana County
sheriff's office. Brazel laid a Colt .45 on
the desk in front of Deputy Sheriff Felipe
Lopez and said he had killed Pat Garrett.
The deputy sheriff thought it was a joke
until Brazel's companion, Carl Adamson,
confirmed Brazel's story. Wayne Brazel
was arrested for murder.
A short time later a sheriff's posse
found Pat Garrett lying on his back with
his bloody head facing toward the site
where Wayne Brazel said he had sat on
his horse. Wayne Brazel claimed that
Garrett was about to shoot him with his
shotgun when he, in self-defense, was
forced to shoot the former lawman in the
back.
Garrett's body had been left where it
fell. Pat's fly was unbuttoned and his
lower pant's leg was still damp from
urine spray. A wet puddle of sand was at
his feet. The old lawman's left hand was
ungloved, while his shooting hand
contained a glove.
Pat Garrett's shotgun was found at the
death site. It was located on the ground
about three feet from Pat's body. The
undisturbed nature of the sand around the
weapon, however, would seem to indicate
that the shotgun had been placed where
it was found and that Garrett had not
thrown it down in a death jerk reaction.
The most damaging fact concerning
Garrett's shotgun was it's physical
condition. Lawme, at the murder scene.
Found Garrett's shotgun was cased in it's
scabbard and unloaded. Pat had a few
birdshot cartridges in his jacket pocket.
W.C. Field was the owner of Los
Alamos Farms in Dona Ma County. He
advertised his farm as "growers and
shipper of alfalfas, cantaloupes, and all
kinds of fruits." Field was also a Las
Cruces doctor and was the person who
examined Pat Garrett's wounds at the
murder scene and later performed the
autopsy. Dr Field claimed that
Pat's head wound came from a bullet that
entered just below the hat line and exited
on a straight plain with the right eyebrow.
This is the type of head wound a man
standing and looking at the ground could
receive from a person shooting from a
level above the man's head. A person
on horseback or located on a slight
incline could have delivered this type of
shot. Pat's undamaged hat was still on
his head.
Pat Garrett's second entry wound
came from the opposite direction than
that of the head shot. The projectile
entered the stomach and pushed upward
to lodge behind Garrett's shoulder A .45
caliber slug was removed from Garrett's
body. Dr Field determined that the
second bullet had been fired by a person
Captain Fred Fornoff New Mexico Mounted
Police, who made the report referred to here.
standing at ground level. Had this second
shot been fired by a man on horseback
or from a person on an incline the bullet
would have caused a steep angle wound
in the stomach and not the shallow path
as found by Dr. Field's examination.
On Sunday, March 1, 1908 Territorial
4 Governor George Curry, Attorney
General James Madison Hervey and
Mounted Police Captain Fred Fornoff
made the trip from Santa Fe to Las
Cruces for Pat Garrett's funeral. The
governor was one of Garrett's
pallbearers.
On Monday, Garrett was buried in the
Odd Fellow's Cemetery at Las Cruces.
It seemed like everyone in southern New
Mexico had wanted to get a look at Pat
Garrett's body resting in its oversized
casket. To accommodate the large crowd
of curious, and the few true mourners,
Garrett's body was publicly displayed at
Strong's Undertaking Parlor.
Pat Garrett was an atheist or Free
Thinker so there was no religious
ceremony at the grave site. Tom
Powers, Garrett's controversial gambler
friend and owner of El Paso's Coney
Island Saloon, used the agnostic Robert
Ingersoll's words as part of the old
manhunter's grave-side commemoration.
Another friend read a eulogy that William
Jennings Bryan had written for a friend
and then Pat Garrett was left alone for
his long sleep.
Captain Fornoff investigated the
Garrett murder site. Later, upon the
governor's orders, Fornoff conducted an
undercover fact-finding mission into
Pat's death. Late in the summer of 1908
Captain Fornoff presented a written
narrative of his investigation to Governor
Curry. The governor gave the report to
Attorney General James Hervey for his
review. This account has become known
as "The Fornoff Report."
The Fornoff Report was composed
and typed by Page B. Otero from the
notes supplied to him by Captain Fornoff.
Page Otero served as the Mounted
Police office clerk from 1908 to 1910.
The first attempt to make Captain
Fornoff's investigation report public was
undertaken by the El Paso Herald. New
Mexico's attorney general refused the
request by explaining that Fornoff's
findings would be used at Wayne Brawl's
trial and until then the data must remain
confidential.
Brazel was given a preliminary
hearing before Justice of the Peace
Manuel Lopez on Tuesday March 3,
1908. Brawl entered a not guilty plea
on grounds of self-defense to the charge
of murdering Garrett. He was bound over
to the next session of the Dona Ana
County grand jury.
On Monday, April 13, 1908, the Dona
Ana County Grand Jury heard the
evidence of murder against Wayne
Brazel. Carl Adamson and Dn W.C.
Field were called to testify. The grand
jury handed down a "true bill" against
Wayne Brazel.
The accused murderer, was then
scheduled to be tried during the October
1908 terin of the district court. A $10,000
bond was set for Brawl's appearance
before the district court. The bond was
posted by a guarantee of local rancher
W.W. Cox and six of his friends. The
Brawl trial was later postponed until the
spring of 1909.
The Third District Court of New
Mexico was held at Las Cruces.
Territorial Judge Frank W. Parker
presided over this court. Judge Parker
had also presided over the trial that freed
the four men Sheriff Pat Garrett accused
of killing Col. Albert Fountain and his
young son. Parker was a friend of
defense attorney A.B. Fall and openly
disliked Pat Garrett.
Judge Parker convened Brazel's trial,
the Territory of New Mexico v Wayne
Brawl, at 9:00 am on Monday April 19,
1909. The prosecution case was
presented with such appalling
indifference and incompetence that
District Attorney Mark B. Thompson
could have stayed at home and he would
have presented a better case. Thompson
was a political ally and friend of defence
lawyer A.B. Fall.
Unlike the preliminary hearing, the
prosecution did not call Carl Adamson
to testify. He was the only publicly
known witness, besides Wayne Brawl,
to Garrett's murder. Adamson would
have been easy to locate. He had been
arrested by federal officers and had been
charged with smuggling Chinese laborers
into the United States from Mexico. On
December 14, 1908 Adamson was
convicted at his trial in Alaniogordo and
sentenced to a year and a half in the
territorial prison.
Prosecutor Thompson did not present
any court room evidence showing that
Garrett had been shot in the back of the
head or that Pat had a glove on his
shooting hand or that Garrett's shotgun
was packed in it's carrying case and was
unloaded.
Captain Fornoff was not asked to
testify concerning his in-depth
investigation nor did Thompson make
use of any data contained in the Fornoff
Report.
Albert Bacon Fall served as Wayne
Brawl's chief defense attorney.The
defense presentation was short and to the
point. The jury began their deliberations
at 5:45 in the afternoon. Within 25
minutes Wayne Brawl was a free man.
The defense had called only three
witnesses. In an odd twist of fate one of
Brazel's character references was
Territorial Mounted Policeman John A.
Beal.
Powerful Dona Ana County rancher
William W. Cox had sat with Brazel
during his preliminary hearing and the
trial as a public show of his support.
Following Brawl's acquittal, Cox hosted
a barbecue, at his San Augustine Ranch,
to honor Pat Garrett's killer.
The trial of Wayne Brazel ended all
legal efforts to locate the killer or killers
of Pat Garrett. The confessed murderer
had been freed by a jury in a court of
law.
Territorial Attorney General James M.
Hervey left the territorial service shortly
after the Brawl trial. He returned to his
private law practice in Roswell. Hervey
took with him his personal papers and
some of his confidential public papers.
The Fornoff Report was part of these
files. In 1909 New Mexico had no law
requiring that public records remain in
the custody of the territory.
In the 1960s, I began my quest to
compile a record of the New Mexico
Mounted Police. During this search I
became acquainted with Fred Lambert
of Cimarron, the last living member of
the territorial police and we developed
a friendship that lasted until Lambert's
death in 1971. Lambert became my
mentor during those early years of
research and he also became the
godfather and name sake for my eldest
son.
The author-Lambert conversations,
many of which were taped, amounted
to hundreds of hours as we relived the
saga of a youth coming of age in turn-
of-the-century New Mexico. Then on
Saturday April 13, 1968 this discussion
began focussing on Fornoff's probe into
the murder of Pat Garrett. Fred Lambert
expressed reluctance to discuss the
killing.
I told Lambert that I had discovered
that James Hervey had died in 1953 and
that his Roswell law partner, Charles
Brice, had kept Hervey's records until
his own death in 1963. I said I also
understood that Charles Brice's farnily
had taken both the Hervey and the Brice
law office papers to the Roswell City
Dump and burned them. I told Lambert
that I believed that these records had
included the only complete copy of the
Fornoff Report.
Over a year after the Lambert
conversation I read an article by western
historian Robert Mullin detailing his
long search to locate a copy of the
Fornoff Report. He confirmed what I
had told Lambert about the Fornoff
Report having been destroyed.
Lambert told me he had seen Captain
Fornoff's field notes and Page Otero's
draft of the report. When I asked what
the notes contained Lambert replied,
"Let it be. The families of those men are
respectable now. Let those closets stay
closed. Cap (Fornoff) could've been
wrong." I pressured Lambert as to
whether he really felt that Captain
Fornoff's judgement of the facts as he
knew them was wrong. Lambert flatly
said, "No."
What follows now are the facts that
Fred Lambert told me.
For a few days in October 1911, Lambert
was stationed at the ranger's headquarters
in Santa Fe. His assignment was to
maintain the Mounted Police office
during Captain Fornoff's absence on
court duty. Fred Lambert took this
opportunity to review the open case files
of the territorial police.
Lambert told me that the Garrett
murder data was stored in a maroon
expandable folder tied with a red ribbon.
In 1911 there were three of these large
expandable folders, along with other
regular size files, stored in the Mounted
Police office.
One of these large folders contained
the official records of the 1910 Mounted
Police shootout in the gold camp at
Mogollon. The second oversized folder
dealt with the Fountain murder case. The
Garrett folder, according to Lambert,
contained various newspaper clippings
about the murder and Brawl's trial. It
also had a few miscellaneous letters, a
hand drawn location map, investigation
notes, and a typed draft copy of the
formal report.
Captain Fornoff's field notes were
basically of two types. The first set, hand
written on foolscript, dealt with the
murder site investigation and comments
made by the people Fornoff had
interviewed in the Las Cruces area. The
second batch were a few sheets of
stationery from the El Paso County
sheriff's office. These papers contained
comments gathered by Fornoff from
individuals he had interrogated while
unofficially visiting in the Pass City.
Lambert especially remembered the
Texas sheriff's department letterhead
because of the big bold style of the
design.
Fornoff had asked Mounted
Policeman John Beal, who was stationed
at Deming, to send his impressions of the
case. Beal knew both Brawl and Garrett.
Beal's remarks, scrawled in pencil,
were contained on lined notebook paper.
Lambert told me he looked over
Fornoff's field notes and read the draft
report, but truthfully found the eight-
year-old case uninteresting because the
main suspect had been found not quilty
at his trial and the other matters were
federal crimes and not something the
Mounted Police investigated. Lambert
said he was most concerned with the
background facts in the file on the
Mogollon troubles of the year before
because the old mining town was still a
troubled area in 1911.
A year later, during the final days of
1912, Lambert and Fornoff discussed the
Garrett murder. The subject came up
during Lambert's visit to the Mounted
Police office. New Mexico's first state
legislature was scheduled to hold a
second session early in 1913. Another
heated debate was expected on the
continued need for a state police force.
Early in 1909, prior to Wayne Brawl's
trial, the lawmakers had almost abolished
the Mounted Police for "economic
reasons". That attempt falled, but the
force had been reduced to half its original
strength. Southern power brokers had
even tried to block Fornoff's annual
appointment as Mounted Police captain.
This effort also failed, but only because
the captain was so popular.
Captain Fornoff told Lambert he felt
that the next time the State Legislature
met, in 1913, that the southern political
bosses had the needed votes and that they
would finally achieve their goal to
disband the Mounted Police. Lambert
asked why Fornoff felt that these men
wanted the rangers destroyed any more
now then they had back in 1909. The
answer surprised Fred Lambert.
"They know I know about the Garrett
plot and the big money interest behind
the Fountain killings. As long as the
police exist they're in danger No police
and there's less danger of any new
evidence seeing day light. I've always
said give it time. Well... Our time's 'bout
over."
The Mounted Police captain outlined,
for Lambert, a plan and a motive that
could have resulted in Pat Garrett's death.
The original idea seems to have been to
ruin Garrett financially, take his property
and then to force him to leave the area.
It was this intrigue that finally led to
violence and cold blooded murder.
Captain Fornoff had maintained his
relationship with high level federal
officers from his years as a deputy U.S.
marshal and Secret Service agent.
These federal officers told Fornoff that
Chinese Inspection officers were actively
building a case against a small group of
men who were conducting a smuggling
operation. The ring was based in El
Paso and the smuggled "cargo" was
illegal Chinese laborers for the mines and
farms in southern Colorado.
These smugglers had powerful
political friends in El Paso and New
Mexico. The federal officers suspected,
amoung others, Mannie Clements, Print
Rhode and Carl Adamson. They had the
evidence against Adamson and hoped to
make a deal with Carl if he would help
convict the others. The lead on Carl
Adamson and the other cartel members
had been furnished the federal officers
by a Las Cruces doctor.
Doctor W.C. Field treated the federal
prisoners housed in the county jail at Las
Cruces. Field had treated one of the
Chinese prisoners and this man told Field
about the smugglers. Field told U.S.
Marshal Creighton Foraker who passed
the news along to other federal agents.
At this point Fornoff started his
investigation.
The smugglers could easily move
across the US-Mexico boarder into New
Mexico. Once in the territory they
needed a safe hiding place to hold their
growing business in human cargo until
they could move the workers farther
north and Bear Canyon was the ideal
location. It was on the route north, had
water and it was remote yet accessible.
The "fly in the ointment" was that the
land was owned by Pat Garrett and he
had no plans to sell.
Legally speaking I am not sure Pat
Garrett could have sold the Bear Canyon
property. In 1902 he had mortgaged his
ranch and property to Las Cruces
businessman Martin Lohmann for
$3,567.50. This note was renewed two
years later but was finally sold because
of nonpayment. The man who bought
the discounted note for $2,000 was
Garrett's neighbor, W.W. Cox. Cox also
renewed the note and then tried to help
Garrett make the ranch operation
profitable hoping that Garrett would
honor the pledge to pay his long over due
bill. Cox may not have wished to
publicly appear as a financial ogre by
evicting the Garrett family for
nonpayment of Pat's debts, but Cox did
want his money.
Both the Albuquerque Bank of
Commerce and the Dona Ana County
Commissioner's Court had taken Garrett
for past due debts and in both cases the
popular, if not legal, opinion had been
on the old lawman's side. Cox learned
a public relations lesson from these two
cases and did not openly challenge
Garrett for his long outstanding debt. Old
timers understood the western code that
if an honest debt was not honored in life
then the due could be collected in blood,
confiscation of property or both.
Fornoff believed the mastermind
behind the plot to get Garrett was Pat's
neighbor, W.W. Cox, along with his
brothers-in-law, A.P "Print" Rhode, and
Oliver Lee. Pat had at one time tried
to cdnnect one or all of them to the
ambush murders of Albert Fountain, a
criminal prosecutor, and his young son.
Garrett often expressed his opinion that
wealth9 stock rustling ranchers had
ordered the prosecutor's death because
Fountain had been aggressive in pursuit
of cattle and horse rustlers in
southeastern New Mexico.
It was quietly talked about locally that
Cox, Rhodes and Lee had built their
wealth upon a foundation as former
livestock rustlers. Now they may have
found that easy money could be made
by smuggling illegal workers into the
United States via Texas.
On October 7, 1899, Sheriff Pat
Garrett and a deputy had killed a wanted
man at Cox's San Augustine Ranch. Mrs.
Cox was at the ranch and witnessed the
killing. Print Rhode may have believed
this violent encounter had needlessly
endangered the life of his sister and held
Pat Garrett responsible for what he felt
was a careless act. One wonders if this
dislike or hate would have remained
strong enough over a decade to result in
murder.
Lambert remembered that Fornoff's
notes revealed that informants told the
ranger chief about Jim Miller Western
writers for years reported that Miller
wanted to buy some southern New
Mexico range land on which to run a herd
of Mexican cattle. In fact Miller wanted
a hideout to serve as cover for his Chinese
smuggling operation.
Many of these writers stated that W.W.
Cox supplied the money to get rid of Pat
Garrett and that this money was funnelled
through Albert Bacon Fall. Fall was
Cox's personal attorney and was a
powerful political boss in his own right.
It also was claimed that Fall passed
the Cox money to Emanuel "Mannie"
Clements, El Paso's underworld strong
man and former city policeman, with
instructions to fmd a standby trigger man
to kill Garrett. It was stated that
Clements made such a deal with his
brother-in-law, "Deacon Jim" Miller. Jim
Miller was widely known as a gunman-
for-hire.
Fornoff believed that Miller was part
of a plot to get Garrett's Bear Canyon
ranch land but he did not believe that Jim
plotted to kill the old lawman. Fornoff
also understood that the land grab plot
called for one of Cox's range hands,
Wayne Brazel, to make a deal with
Garrett to lease the Bear Canyon ranch
land. It was believed that the cash-poor
Garrett would accept the offer. The five-
year lease was, however, made between
Brawl and Pat's son Dudley Poe Garrett.
Pat agreed to the deal and assumed
that Brazel would graze a small herd of
cattle on the leased land. Brawl and his
new business partner, Print Rhode, soon
moved a large herd of goats to Garrett's
land. Pat almost had a heart attack when
he heard about the goats. He was a
cattleman and had no love for sheep or
goats. Just as the plotters had planned,
Garrett became deterrinhed to remove the
goats from his Bear Canyon lands.
Garrett ordered Brawl to get the goats
off his land. Wayne said no to Pat's
demand. But he offered to break the lease
if Garrett could find a person to buy the
goats. The plotters now sent their
pretend buyer to Garrett. The would-be
goat buyer was a minor criminal named
Carl Adanison. This man was "Deacon
Jim" Miller's cousin-in-law by marriage.
Adamson and Miller inspected the
goat herd and agreed on the purchase.
The deal was set until Brawl, not a part
of the plot, claimed the two men had
undercounted the goats, and demanded
more money. Garrett asked Adamson if
he would agree to buy the additional
goats. Adamson said Miller was in El
Paso and he would send word to have
Miller meet them in Las Cruces to talk
over the new offer.
On Friday February 28, 1908,
Adamson spent the night with Garrett
and his family. They sent a message to
Brawl to meet them the next day on the
road to Las Cruces. Together the
threesome would journey to the City of
Crosses to confer with Jim Miller.
Garrett and Adamson left Pat's ranch
in a buggy. When they arrived near the
Organ crossroad the two men saw Brawl
talking with another man. The unknown
horseman rode away before Garrett's
buggy could reach the meeting site.
Fornoff believed that the mystery rider
was Brawl's partner Print Rhode.
In the preliminary hearing both
Adamson and Brawl claimed Garrett
accused Wayne of lying about the
number of goats in Bear Canyon. Brawl
said he again claimed he had simply
miscounted. They said the argument
became more heated until Adamson
asked Garrett to stop the buggy. Carl said
he needed to relieve himself. Garrett and
Brawl continued to argue.
Adamson claimed he went to the front
of Garrett's buggy near the horse. This
move would have placed Adainson in a
position to stop the horse from bolting
when a gun shot was fired. At this point
Garrett also got out of the buggy. Near
the back of the buggy Pat Garrett began
to relieve himself. A few seconds later
he was dead.
In 1961, eight years after his death and
in accordance with his wishes, James
Hervey's account of the Garrett
assassination was published. In this
narrative Jim Hervey recounts how he,
Captain Fornoff and Carl Adamson
visited the Garrett death scene.
The former attorney general described
how they found a Winchester cartridge
casing in a side arroyo about 50 feet from
the death scene. A person concealed at
this site was not visible to a person in
the little arroyo where Garrett died. Even
the sound of a gunshot would have been
muffled by the sand drifts.
Horse tracks and other signs indicated
that this site could have served as an
ambush nest for the killer. A cigarette
butt was also found near the horse
tracks.
Governor Curry understood the
importance of Fornoff's discovenes. In
his autobiography, published eleven
years after his death, Curry wrote, "His
(Fornoff) report to me differed materially
from that of the local sheriff and medical
examiner, and confirmed my impression
from some of the information I had
obtained, that Brazil (sic), who had
volunteered a confession to the crime,
was the victim of a conspiracy rather than
the killer..."
Evidence would seem to indicate that
Garrett was shot by two different
weapons and from two different
directions. According to Brazel's
testimony he was mounted during the
time Garrett was shot. Neither Brazel
nor Adamson had a rifle with them at the
time Wayne surrendered and confessed
to the Garrett killing. Brazel surrendered
his Colt .45 and said that the pistol was
the murder weapon.
Brazel, who was loyal to W.W. Cox,
may not have known he was the dupe in
the Garrett plot. In fact, he may not have
known anything about the backup murder
plan. It is easy to believe that Brazel may
have felt his only job was to help force
the hated Pat Garrett into an unwanted
liquidation of his ranch.
Iris doubtful that Brazel knew about or
was a partner in an Chinese labor
smuggling operation.
Captain Fornoff was not sure what had
triggered the need to kill Garrett, but he
assumed that Brazel had no knowledge
of any plot to kill Garrett. If that fact
was true, and Brazel did not himself
shoot Garrett, then the cowhand must
have been a very surprised person when
Pat was shot while he was urinating.
Surprised as he may have been Brazel
still might have placed the second shot
into Garrett's body in support of his
partner, Print Rhode, who may have fired
the first shot. Secondly Fornoff
expressed the idea that if Garrett's
shooting had been a true surprise to
Brazel, then it was more likely that
Adamson fired the second shot.
A code of public silence seemed to fall
over the Garrett murder The alleged
conspiracy to rid Dona Ana County of
Pat Garrett and take his land had been
hatched among farnily and friends and
supported by business partners. The
conspirators motives were a simple
defense of their political power,
enhancement of their personal wealth,
and perhaps a blood payment for a bad
debt and a personal hurt.
J.R. Galusha, a veteran New Mexico
peace officer , is quoted as saying that
Brazel told him, "I didn't kill Pat Garrett.
I just took the rap for Jim Miller"
Charley Siringo, the famous frontier
detective and Fornoff friend, claimed the
captain told him, "Jim Miller fired the
bullet that killed Pat Garrett "
Jack Carter, a man who claimed to
have known Brazel when he was a young
man, wrote a magazine article about
Wayne. One of the sources used by
Carter was Wayne's brother Rothmer.
Carter claimed that Wayne Brazel said
he really had killed Garrett.
The horse Wayne rode on the murder
day belonged to his brother It was anon-
gun shy roping horse named Oso after the
OSO brand she wore. A horse with these
type of training would have been useful
during an exchange of gun fire. Other
stories have claimed Wayne's horse was
a gunshy mount called Loco.
James M. Hervey wrote in his Garrett
story, "Fornoff made the trip to El Paso
and came back and said he had made a
real discovery but he did not know
whether he would ever be able to prove
it." It would seem that the so-called "Cox
murder plot" was in fact not a murder
plot at all but a conspiracy to acquire land
to hid illegal aliens. It was not a blueprint
for Pat Garrett's murder.
Shortly after Lambert told me about
the Mounted Police case file on the
Garrett murder I searched for the records.
I located the Territorial Mounted Police
records in the special collections at the
University of New Mexico.The
Garrett murder case file was not part of
the records then held by the university.
I did, however, locate an incomplete file
on the Fountain investigation and the file
on the Mogollon trouble. They were
contained in folders like the ones
Lambert had described to me.
Fred Fornoff, Jr told me in March
1991 that he knew nothing about his
father's investigation of the Garrett
murder He also said that most of his
father's private and public papers had
been destroyed in a house fire. Among
the lost items was a large collection of
family photographs. One can only
wonder what else might have been lost
to history.
I must confess that in 1968, during my
conversations with Fred Lambert, not all
the import of what Fred told me about
the Garrett plot fully registered. I was
25 years old, newly married and
beginning my careen I was still learning
how the world of economic intrigue and
political influence operated. A quarter
of a century has passed and now I better
understand the plot, the murder and the
coverup. It had nothing to do with
personal honor or anything but the love
of power and money.
Fate dealt many twists to the lives of
the people involved in the final days of
Pat Garrett's life.
Oliver Lee served as a member of the
1919 State House of Representatives. I
find it interesting that he voted in favor
of the bill to re-establish a full company
of the hated Mounted Police. Lee also
served as president of the New Mexico
State Cattle Growers Association. He
died a wealthy and respected rancher in
December 1941. Today the Oliver Lee
Ranch is a New Mexico state park named
in his honor.
Jim Gililland, another Fountain
murder suspect, was a personal friend of
George Curry. In 1910 Curry appointed
Jim a special Territorial Mounted
Policeman. Jim never talked about the
Garrett or Fountain murders. Gililland
died August 8, 1946.
Territorial Attorney General James
Hervey's father had been a friend of Pat
Garrett. Hervey was a boyhood friend
of western author Emerson Hough.
Hough had gathered information for his
book The Story of the Outlaw from Pat
Garrett. The old lawman earned about
$200 for his help with Emerson's book.
Hough advised Pat's son not to seek
revenge for his father's death or these
men would kill him like they killed his
father.
Governor Curry was a long-time
friend of Pat Garrett. He had campaigned
for Pat to be sheriff of Lincoln County
and a few days before Garrett's death
George loaned Pat $50. During A.B.
Fall's federal conspiracy trial, resulting
from Fall's misdealings while serving as
secretary of the interior, Curry testified
as a character witness for his former
attorney general. Curry lost his federal
job as a result of his testimony in support
of Fall so New Mexico created a job for
him as state historian. George Curry died
a poor man. His last days were spent at
Albuquerque's VA Hospital were he died
in November 1947. Curry is buried in
the National Cemetery in Santa Fe.
Pat Garrett had known the Brazel
family during his Lincoln County days.
Pat liked and trusted Jessie Wayne Brazel
and his father The Garrett ranch, in Dona
Ana County, was a short distance from
the Gold Camp School. Olive Boyd was
a teacher in this one room building and
in 1910 she became Mrs. Wayne Brazel.
The web became more twisted.
Herbert B. Holt was one of Wayne
Brazel's defense attorneys. Holt had
been Pat Garrett's personal lawyer. Holt
was also a political ally of A. B. Fall.
Underworld strongman Emanuel
"Mannie" Clements was assassinated in
the crowded wine room of Tom Power's
Coney Island Saloon, in El Paso, on
December 29, 1908. No one admitted
seeing who fired the fatal shot and El
Paso newspapers hinted that the death
was payback for the recent murder of two
Chinese immigration agents. Clements
was just a few weeks from his 60th
birthday. He was buried in Evergreen
Cemetery. Power was Pat's close
friend.
Ironically, Wayne Brazel was
acquitted of murder on the same day,
April 19, 1909, that "Deacon Jim" Miller
was lynched by a mob at Ada, Oklahoma.
The Arkansas born killer-businessman
had been a Texas Ranger and deputy U.S.
marshal. He was 43 years old at his
death. Jim is buried with his wife and
mother-in-law in Fort Worth's Oakwood
Cemetery.
Adamson married and worked a sheep
ranch. His venture went bust following
World War I. He died of a fever on
November 11,1919. He is buried in
South Park Cemetery in Roswell. Pat
Garrett's son, Jarvis, always believed that
Adamson had been the trigger man in his
father's murder Adamson's rancher
grandson, Joe Skeen, became a New
Mexico congressman.
William Web Cox sued Brazel for
recovery of the $574.80 he had fronted
the cowboy for the goat heard on the Bear
Canyon Ranch, Cox got the goats and
the lease on Pat Garrett's land.
Cox developed his livestock empire and
was a powerful political boss before his
death on December 23, 1923. konically,
Cox is buried in the same cemetery as
Pat Garrett.
Albert Bacon Fall became a member
of President Warren Harding's cabinet.
He was disgraced in a national political
scandal and federal prison was his
reward. Fall died, in poverty, and a
broken man, on November 30, 1944.
Along with his wife and daughter he is
buried in El Paso's Evergreen Cemetery.
Brazel homesteaded a small ranch
west of Lordsburg and settled down until
his wife died in 1911. Three years later
Brazel disappeared and walked into
oblivion. Not even his lawman brother,
and later his son, could locate him.
No clear judgment can be made
concerning Wayne Brazel. A court of law
proclaimed him innocent of murder in the
death of Pat Garrett. The verdict,
however, did not remove the suspicion
of Brazel's part in a larger conspiracy
against the old lawman.
If Brazel did kill Pat Garrett he must
have done it out of a deep fear of or a
strong hatred for the old lawman. It
would take a stong emotion or lack of
emotion to shoot a man in the back and
then months later be able to convincingly
lie to ajury about how this back shooting
was done in self-defence.
Lambert told me that when Fornoff
finished his narrative about his Garrett
murder investigation he leaned back in
his chair and lit a cigar. Fornoff took a
long draw, blew the smoke at the ceiling
light, and said, "Ya know Kid, the joke
would be if Brazel really done it. It'd
ruin a damn nice plot." The ranger chief
took another long draw then added, "If
its true, it would explain a helleva lot."
"Cap looked at me to see my reaction
(to his comments);' said Lambert. "Said
I had the same damn look (Attorney
General) Hervey had when he had told
him that (feeling about Brazel)."
Fornoff's feelings proved right
concerning the fate of the Mounted
Police. The 1913 session of the New
Mexico State Legislature voted not to
continue funding the state rangers.
Between 1914 and 1917, Lambert was
New Mexico's only Mounted Policeman
and was paid from the governor's special
office funds. In 1918, a full company
of Mounted Police was authorized for
service during the final months of World
War I. In 1919 the state lawmakers
funded a new ranger force that served as
state police until the corps was abolished
in February 1921. The present-day New
Mexico State Police were formed in
1935.
Fred Lambert died February 3, 1971.
At 84 he was honored as the dean of New
Mexico peace officers. On the day he
died Lambert wore a special deputy
sheriff's badge pinned on his shin and a
New Mexico State Police commission in
his pocket. We buried him with full
honors near his family in Cimarron's
Mountain View Cemetery.