The Myth of McComas and the Pyramid Gold and Silver Mining and Reduction Company

From the New Southwest and Grant County Herald of June 17, 1882:

Col. J. B. Price, of N. M. [ sic] Mail and Transportation Co. notoriety,* has brought a suit against Col. Amos Green to establish his right to a one half interest in all of the mining property of the latter situated at Leitendorf’s Well. Price claims Col. Greene [sic] and himself were partners, and that the Colonel took the title to the mines in his own name. As an incident to his suit he has asked that a receiver be appointed to take charge of the Pyramid mining company’s mines, which he claims are part of the property he has a share in.

*The cause of this “notoriety will be covered in later Chapters.

From the New Southwest and Grant County Herald of June 24, 1882:

The Viola mine belonging to the Pyramid gold and silver mining company, of which Col. Amos Green is president, is now being rapidly developed by its owners… The Pyramid company also own the Penelope mine…”

The Pyramid Gold and Silver Mining and Reduction Company had been organized under the laws of New Mexico Territory on March 23, 1881, by Amos Green, his son T. Albert Green, his brother-in-law Bledsoe McCluskey, and John N. Evensen, with a nominal capital of $250,000 divided into 5,000 shares at $50 each. Amos Green was President of the Company, Evensen Vice President and T. Albert Green Treasurer and Secretary.¹⁰⁶

Although not named as a member of the Pyramid Gold and Silver Mining and Reduction Company, it is stated by many authors that McComas acted as legal representative for the company, and that it was his role as such which necessitated his presence in the Virginia Mining District in March of 1883; he was needed there to attend to some unidentified urgent business matter involving the company. At a superficial level this seems quite plausible; McComas had been associated with Green in the past, prior to his resuming the practice of law. The two of them, together with D. C. Leroy, had incorporated the Leroy Silver Mining Company in April of 1880. Such a connection might well lead one to conclude that McComas was involved in Green’s Pyramid mining company. Such a conclusion would not only be premature, but also completely false.

Again we have to reference Simmons’ “Massacre on the Lordsburg Road“. On page 78, referring to McComas’ partnership with John M. Wright, he states that ” The firm won a valuable plum when it was selected by the Pyramid Mining and Milling Company [sic]to take charge of its numerous suits then pending before the courts.”

We know that Simmons is referring to the Pyramid Gold and Silver Mining and Reduction Company here, and not to another Company with a similar name, because he goes on to refer to McComas knowing Amos Green. Green was President of the Pyramid Gold and Silver Mining and Reduction Company.

On June 14, 1882, the initial Bill of Complaint was filed in the case of James B. Price vs. Amos Green, T. A. Green, and the Pyramid Gold and Silver Mining and Reduction Company.¹⁰⁷ The Bill detailed the background of and justification for Price’s grievances against the Greens and the Company. Price describes how in March of 1880, he had drawn up a contract with Amos Green whereby Price would ensure that all of Green’s traveling costs between Santa Fe and Tucson, and to various mining camps located within the Territories of New Mexico and Arizona, would be met by him, and that he would also provide Green with “all means necessary to lease and secure option upon mines or mining locations” in both Territories. The agreement would also later cover T. Albert. Amos Green in turn was bound by the same contract to “render such personal and legal services as may be necessary to the attainment of the object in mind”, agreeing to share and divide equally with Price any and all profits made from the mines of claims acquired.¹⁰⁸

Price’s Bill of Complaint was the result of his assertion that, although he had fulfilled his part of the agreement, Green had not, for the reasons that most of the properties acquired by him and duly shared with Price had proved to be worthless, and that Green had by deception acquired two truly valuable properties which he kept for himself and had later incorporated into the holdings of The Pyramid Gold and Silver Mining and Reduction Company. Price alleged that Green had deliberately exaggerated to him the cost and terms of acquiring these two mines, the “Penelope” and the “Viola”, both near Leitendorf’s Well in the recently formed Pyramid Mining District¹⁰⁹, and that by doing so he had caused Price to reject them because they were too expensive, and the terms of their acquisition unacceptable to him.

Price’s request of the District Court was that a judgment would be found in his favor whereby the Court would appoint a Receiver to take charge of and manage the Company and, in particular, the profitable “Penelope” and “Viola” mines. By this means he felt that his rightful interests in both mines and the profits arising from them could be held in trust and then disbursed in such a way that more fully complied with the terms of his original contract with Amos Green.

The Bill of Complaint is long, and somewhat rambling and repetitious – which two qualities were commented on by the Honorable Warren Bristol of the Third Judicial District, who adjudicated the case. It is not known who drew up the Bill, but it is signed by the Counsel representing the plaintiff, James B. Price. That Counsel was made up of B. Gratz Brown, and McComas and Sloan. So, in direct contradiction to the accepted story, McComas was not employed by The Pyramid Gold and Silver Mining and Reduction Company to carry out legal work for them, but had been retained by Price to act against that company.

In reply to Price’s allegations against Green of deception, fraud, and the breaking of the contractual terms, the attorneys representing Green and the Company filed a demurrer on June 24, 1882. This was a formal objection to the allegations. It was filed by attorneys Thomas F. Conway, Gordon Posey and T. Albert Green.¹¹⁰

The demurrer, much more concise, clear, and professionally written, than the Bill of Complaint, states that the Company would not admit guilt in the case on the grounds that Price’s allegations were “not sufficient in law” to entitle him to any recompense. Conway, Posey and Green argued that the original Bill of Complaint itself, as worded, showed that the acquisition of the “Viola” and “Penelope” mines had not fallen within the bounds of the contract, and that there were even grounds for the argument that, in some aspects, Price himself had defaulted on some of the terms of the contract.

On March 22, 1883, Judge Warren Bristol, at his Chambers in Deming, issued his ruling on what was designated Case # 177. He found for the defendants, the demurrer was sustained. Price had in effect lost the suit.

The suit against the Greens and the Pyramid Gold and Silver Mining and Reduction Company was not the only occasion on which McComas would represent James B. Price or one of his close associates. The Civil Docket for the December 1880 – July 1882 terms of the Third Judicial District Court lists case number 792, James B. Price vs. Amos Green and W. J. Crosby in which McComas & Sloan and an attorney by the name of Brown represented Price. The case was originally filed on June 13, 1882, and again involved two mines in the Virginia Mining District – the “Cleveland” and the “Windward”.

The lis pendens¹¹² records at the County Clerk’s office in Silver City show that “Brown” was B. Gratz Brown; he was member of Price’s counsel, but was ineligible to actively practice law in New Mexico Territory as he had not been admitted to the Territorial Bar. His name is absent from the list of attorneys published in Volume 3 of New Mexico Reports.

The same Civil Docket also lists case number 803 The Indus Mining Company (B. Gratz Brown, Frank H. Woodworth and John Boyle Incorporators) vs. Timothy Mackay, McComas & Sloan as counsel for the Company, and case number 809, Gideon Trusedale et al vs. Daniel Murphy, McComas & Sloan representing Murphy.

The Dockets indicate that McComas had not been one of the Price faction’s original attorneys; earlier entries such as that of J. B. and T. B. Price vs. The Shakespeare Gold and Silver Mining and Milling Company show that on those occasions Bail & Garrison represented the Prices. The law firm of Bail & Garrison was also chosen by McComas himself to represent him in a suit brought against John R. Fraser in December of 1880.¹¹⁴ McComas would also represent the firm of Smythe and Carroll on more than one occasion.

Although McComas was not admitted to the New Mexico Territorial Bar before 1882, his name does appear on several Civil Dockets prior to this date as a member of a legal team. For example, in 1880, Hamilton C. McComas and John P. Risque represented Robert King¹¹⁵, and in 1881 John D. Bail and McComas represented Fred Smith in the suit of ejectment brought against Smith by William Grant.¹¹⁶

As in the case of B. Gratz Brown described above, not having yet been admitted to the New Mexico Territorial Bar did not preclude McComas from being part of a legal team; he was however precluded from taking an active role in court proceedings.

Entries in the Civil Docket dated July of 1882 are good indicators of exactly when it was that McComas was admitted to the Territorial Bar. In Case Numbers 788 and 789¹¹⁷ the attorney’s names, representing Smythe & Carroll, are entered as being Andrew Sloan and Hamilton McComas. McComas’ name is written in pencil (the remainder of the entries being in ink) above that of Sloan; his name was only entered into the docket after his admission to the Territorial Bar, which much have happened at the beginning of or during the July 1882 Term of the Third Judicial District Court.

The next installment will conclude our lengthy section on Hamilton C. McComas In it, we will look at what exactly was McComas destination – was it really Pyramid City, or was it perhaps Lordsburg? We will also describe the route that he and his family took from Silver City and propose an explanation for why it was that he took that fateful journey which led to the death of both himself and his wife, and the abduction of their young son.

REFERENCES FOR THIS INSTALLMENT

¹⁰⁶Case Number 177. James B. Price, Plaintiff vs Amos Green et al. Defendant In Error. Transcript of record for the case obtained from the New Mexico State Records Center and Archives at Santa Fe.

¹⁰⁷Ibid.

¹⁰⁸Ibid.

¹⁰⁹The Pyramid Mining District lay to the south of the Virginia Mining District, and was centered on Pyramid Peak, the tallest peak of the Pyramid Range, in present day Hidalgo County. The District encompassed the rich ores to be found in the area of Leitendorf’s Well, with the majority of the claims lying in Section 1 of Township 24 South, Range 19 West.

Formed in May 4, 1882, the boundaries of the Pyramid Mining District began at “the large monument now erected and being on the top of Pyramid Peak, and extending from said monument north four miles, south from said monument six miles and east from said monument two miles and west from said monument eight miles, embracing ten miles in length and bredth [sic] of territory, or one hundred squared miles.”

At the inaugural meeting of the mine owners of the District, which was held at the offices of the Pyramid Gold and Silver Mining and Reduction Company, Amos Green was elected President of the new District. [The New Southwest And Grant County Herald. May 20, 1882].

¹¹⁰Although the actual document was filed by “Conway, Posey and Green, Attys.” and gives no first names, this has to be T. Albert Green as evidenced by Volume 3 of New Mexico Reports which gives a list of attorneys practicing in New Mexico Territory between 1846 and 1887. T. Albert Green is the only attorney with the surname Green on that list.

¹¹¹Grant County Civil Docket. December Term, 1880, Up To And Including July Term, 1882. (Serial No. 14518). Case No. 792: James B. Price .v. Amos Green and W. J Crosby. (NMSRCA).

¹¹²“Lis pendens” means “a pending lawsuit”. It refers to a written notice that a lawsuit has been filed concerning title to real estate, or some interest in that real estate. The lis pendens – or notice of impending action – has to be filed with the Clerk of the Court, certified that it has been filed, and then entered into the records of the county recorder. This then gives notice to the defendant in the case that there is a claim being made on the property, and also informs the general public, in particular anyone who might be interested in buying or financing the property, that there is a potential claim against it. Http://legal-dictionary.thefreedictionary.com/lis+pendens accessed on November 22, 2011.

¹¹³Grant County Civil Docket. December Term, 1880, Up To And Including July Term, 1882. Case No. 599: James B. Price and Thomas B. Price .v. The Shakespeare Mining and Milling Company. (NMSRCA).

¹¹⁴Ibid. Case No. 602: H. C. McComas .v. John R. Fraser. (NMSRCA).

¹¹⁵Ibid. Case No. 618. (NMSRCA).

¹¹⁶Collection 1974-038: Records Of The United States Territorial And New Mexico District Courts For Grant County. Case No. 585: William Grant .v. Fred W. Smith. (NMSRCA). McComas’ signature appears on the cognovit filed in this case on July 28, 1881.

¹¹⁷Grant County Civil Docket. December Term, 1880, Up To And Including July Term, 1882. Case Nos. 788 and 789. (NMSRCA).

Although not named as a member of the Pyramid Gold and Silver Mining and Reduction Company, it is stated by many authors that McComas acted as legal representative for the company, and that it was his role as such which necessitated his presence in the Virginia Mining District in March of 1883; he was needed there to attend to some unidentified urgent business matter involving the company. At a superficial level this seems quite plausible; McComas had been associated with Green in the past, the two of them, together with D. C. Leroy, had incorporated the Leroy Silver Mining Company in April of 1880. Such a connection might well lead one to conclude that McComas was involved in Green’s Pyramid mining company. Such a conclusion would not only be premature, but also completely false.

On June 14, 1882, the initial Bill of Complaint was filed in the case of James B. Price vs. Amos Green, T. A. Green, and the Pyramid Gold and Silver Mining and Reduction Company. The Bill detailed the background of and justification for Price’s grievances against the Greens and the Company. Price describes how in March of 1880, he had drawn up a contract with Amos Green whereby Price would ensure that all of Green’s travelling costs between Santa Fe and Tucson, and to various mining camps located within the Territories of New Mexico and Arizona, would be met by him, and that he would also provide Green with “all means necessary to lease and secure option upon mines or mining locations” in both Territories. The agreement would also later cover T. Albert. Amos Green in turn was bound by the same contract to “render such personal and legal services as may be necessary to the attainment of the object in mind”, agreeing to share and divide equally with Price any and all profits made from the mines of claims acquired.

Price’s Bill of Complaint was the result of his assertion that, although he had fulfilled his part of the agreement, Green had not, for the reasons that most of the properties acquired by him and duly shared with Price had proved to be worthless, and that Green had by deception acquired two truly valuable properties which he kept for himself and had later incorporated into the holdings of The Pyramid Gold and Silver Mining and Reduction Company. Price alleged that Green had deliberately exaggerated to him the cost and terms of acquiring these two mines, the “Penelope” and the “Viola”, both near Leitendorf’s Well in the recently formed Pyramid Mining District, and that by doing so he had caused Price to reject them because they were too expensive, and the terms of their acquisition unacceptable to him.

Price’s request of the District Court was that a judgment would be found in his favor whereby the Court would appoint a Receiver to take charge of and manage the Company and, in particular, the profitable “Penelope” and “Viola” mines. By this means he felt that his rightful interests in both mines and the profits arising from them could be held in trust and then disbursed in such a way that more fully complied with the terms of his original contract with Amos Green.

The Bill of Complaint is long, and somewhat rambling and repetitious – which two qualities were commented on by the Honorable Warren Bristol of the Third Judicial District, who adjudicated the case. It is not known who drew up the Bill, but it is signed by the Counsel representing the plaintiff, James B. Price. That Counsel was made up of B. Gratz Brown, and McComas and Sloan. So, in direct contradiction to the accepted story, McComas was not employed by The Pyramid Gold and Silver Mining and Reduction Company to carry out legal work for them, but had been retained by Price to act against that company.

In reply to Price’s allegations against Green of deception, fraud, and the breaking of the contractual terms, the attorneys representing Green and the Company filed a demurrer on June 24, 1882. This was a formal objection to the allegations. It was filed by attorneys Thomas F. Conway, Gordon Posey and T. Albert Green.

The demurrer, much more concise, clear, and professionally written, than the Bill of Complaint, states that the Company would not admit guilt in the case on the grounds that Price’s allegations were “not sufficient in law” to entitle him to any recompense. Conway, Posey and Green argued that the original Bill of Complaint itself, as worded, showed that the acquisition of the “Viola” and “Penelope” mines had not fallen within the bounds of the contract, and that there were even grounds for the argument that, in some aspects, Price himself had defaulted on some of the terms of the contract.

On March 22, 1883, Judge Warren Bristol, at his Chambers in Deming, issued his ruling on what was designated Case # 177. He found for the defendants, the demurrer was sustained. Price had in effect lost the suit.

The suit against the Greens and the Pyramid Gold and Silver Mining and Reduction Company was not the only occasion on which McComas would represent James B. Price or one of his close associates. The Civil Docket for the December 1880 – July 1882 terms of the Third Judicial District Court lists case number 792, James B. Price vs. Amos Green and W. J. Crosby in which McComas & Sloan and an attorney by the name of Brown represented Price. The case was originally filed on June 13, 1882, and again involved two mines in the Virginia Mining District – the “Cleveland” and the “Windward”.

The lis pendens records at the County Clerk’s office in Silver City show that “Brown” was B. Gratz Brown; he was member of Price’s counsel, but was ineligible to actually practice law in New Mexico Territory as he had not been admitted to the Territorial Bar. His name is absent from the list of attorneys published in Volume 3 of New Mexico Reports.

The same Civil Docket also lists case number 803 The Indus Mining Company (B. Gratz Brown, Frank H. Woodworth and John Boyle Incorporators) vs. Timothy Mackay, McComas & Sloan as counsel for the Company, and case number 809, Gideon Trusedale et al vs. Daniel Murphy, McComas & Sloan representing Murphy.

The Dockets indicate that McComas had not been one of the Price faction’s original attorneys; earlier entries such as that of J. B. and T. B. Price vs. The Shakespeare Gold and Silver Mining and Milling Company show that on those occasions Bail & Garrison represented the Prices. The law firm of Bail & Garrison was also chosen by McComas himself to represent him in a suit brought against John R. Fraser in December of 1880. McComas would also represent the firm of Smythe and Carroll on more than one occasion.

Although McComas was not admitted to the New Mexico Territorial Bar before 1882, his name does appear on several Civil Dockets prior to this date as a member of a legal team. For example, in 1880, Hamilton C. McComas and John P. Risque represented Robert King, and in 1881 John D. Bail and McComas represented Fred Smith in the suit of ejectment brought against Smith by William Grant.

As in the case of B. Gratz Brown described above, not having yet been admitted to the New Mexico Territorial Bar did not preclude McComas from being part of a legal team; he was however precluded from taking an active role in court proceedings.

Entries in the Civil Docket dated July of 1882 are good indicators of exactly when it was that McComas was admitted to the Territorial Bar. In Case Numbers 788 and 789 the attorney’s names, representing Smythe & Carroll, are entered as being Andrew Sloan and Hamilton McComas. McComas’ name is written in pencil (the remainder of the entries being in ink) above that of Sloan; his name was only entered into the docket after his admission to the Territorial Bar, which much have happened at the beginning of or during the July 1882 Term of the Third Judicial District Court.