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CHAPTER II.
ORIGIN OF THE TROUBLE.

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Neighborhood quarrels, like wars between nations, are mostly caused by boundary disputes, or trespassing. This tragedy grew out of a misunderstanding as to whether goats or cattle should graze upon a ranch which Brazel had leased from Garrett. Pat Garrett owned two ranches in the Organ mountains, about 25 miles east of Las Cruces, upon one of which he had been living about two years, or since the expiration of his term of office as Collector of Customs at El Paso, Texas. It seems that he owed about $3,000 to a merchant in Las Cruces, and to secure the debt, he gave a mortgage. The merchant agreeing to take $2,000 for the debt, Garrett borrowed that sum from W. W. Cox, of the San Augustine ranch, near by, giving him a mortgage on the ranch and stock. The matter was further complicated in Cox negligently permitting the mortgage to lapse, and a bank, which had a judgment against Garrett, seized and sold Garrett’s stock under attachment. But the sheriff did not find all of the stock, a part being in Cox’s pasture, which Cox then attached. Cox then conveyed the stock back to Garrett, but as Garrett did not have enough stock for his Bear Canyon ranch, he leased it to Wayne Brazel and A. P. Rhodes, the latter being related to Cox.

Unfortunately, and to still further complicate matters, the written contract did not specify the kind of stock to be kept on the ranch, but Garrett said that Brazel verbally promised to keep 300 to 400 head of cattle, while Brazel states that nothing was said regarding the stock and that he (Brazel) intended to keep goats on the ranch and as soon as he took possession of the ranch he stocked it with goats.

This angered Garrett because he realized that the goats would soon ruin the range for cattle and horses and he now desired to get Brazel and Rhodes off the ranch.

In January Garrett had Brazel arrested under an old statue in New Mexico making it a misdemeanor to herd stock within a mile and a half of a ranch house or settlement, but the justice of the peace dismissed the case and Garrett realized that his only course was to buy Brazel out, or transfer the lease.

THE QUESTION OF SHEEP, GOATS OR CATTLE.

A few weeks before the tragedy J. P. Miller, of Fort Worth, Texas, and Carl Adamson, of Roswell, New Mexico, approached Pat Garrett with an offer to buy his ranch. Miller and Garrett had known each other for several years, Miller being marshal in Pecos City when Garrett was sheriff of Lincoln county. Garrett and Adamson had never met before. In the beginning of the proposed deal, Garrett stated he “would have to get a goat man off, first,” referring to Brazel, and the lease. Garrett arranged a meeting between Miller and Brazel. and Brazel agreed to sell his goats at $3.50 each, and surrender the lease. In the contract Brazel stated that he had 1200 goats. A few days later he reported that he had 1800. This was the turning point in the transaction, or rather, which caused the deal to fail, and led to the shooting, according to the statements of Adamson. Miller and Adamson did not particularly want the goats, but consented to buy 1200 in order to get the lease. But they refused to take 1800, and Brazel refused to surrender the lease if they did not. It was at this point that Garrett sought for legal advice in El Paso a few days before his death, his aim being to oust Brazel by legal proceedings. The stipulated price for the ranch was $3,000.