Until the machinery of law and order begins to work smoothly, these fellows, in their new homes, have every thing their own way unless they go to too great excesses, when their neighbors will rise for their own protection and treat them with summary and severe punishment. Often, by thus making an example of a few, large numbers are prevented from doing further mischief. In the early history of nearly every one of our western territories, escaped convicts, murderers, thieves and the worst sort of humanity, mingled in with good men, have commenced their nefarious practices on a grand scale. These things have brought such sections of our country into bad repute abroad. It needs but time for communities to ferret these human monsters out and visit upon them a just retribution. The inland position of New Mexico and the consequent difficulty of intercourse with the General Government of the United States, made it an inviting place, from time to time, for men of this stamp to visit; but, as they have met on most occasions with a reception from the friends of order, not in the least suited to their tastes, they have almost ceased their coming, thereby showing what a few resolute men can accomplish at the commencement of such trouble. The reforming work of mitigating the evil, which is sure to result among a mixed population under the best regulations, is slowly progressing, and the day is not far distant, when New Mexico, in this respect, will compare favorable with her sister (and older) territories.

The purport of this diabolical plot accidentally came to the ears of an officer in the army, who chanced to be in Taos at the time. This gentleman was one of the first to hear of it, and at once sought Kit Carson; but instead of directly telling him what he had just heard, from some strange reason of his own, he demanded of Kit whether he would be willing to pursue and apprehend Fox for debt. To this proposition Kit Carson replied in the negative.

On hearing Kit's indignant refusal to be employed in such a menial undertaking, the officer concluded to lay the true state of the case before him, who, he naturally enough thought, could, above all others in that territory, devise some plan that would result in rescuing Brevoort and Weatherhead from their impending fate. Here it may be proper for us to add that the officer who had thus indiscreetly acted, must have had previously a very slight acquaintance with Kit Carson, or he would not have selected him as a man ready and anxious for any dirty job which might offer, as it is entirely foreign to his true character. Kit Carson, on being apprised of the facts, became interested, and took the management of the affair, for the most part, into his own hands; and, on investigating it more thoroughly, he came to the conclusion that Fox and his companions contemplated committing the crime on the Cimaron River.

This river is nearly east from Taos; and the point at which Carson anticipated overhauling the party was between two and three hundred miles distant. At this time, the Mountain Indians were unusually hostile; but Kit Carson was always well informed of their movements—as much so as it was in the power of any one to be. With the little command under him he was willing, where so weighty a matter as saving the lives of two of his countrymen demanded his services, to march anywhere—even if he had to contest his way. One hour was sufficient time for him to make ready for the undertaking, but not so with the soldiers. They had to put their horses and themselves in trim, for it might be severe and taxing duty. The route taken by the party was a trail, which leads direct to Rayado, and on which, just before reaching the last-named place, there are many curious piles of stones, which are scattered over the side of a mountain, and have formed a puzzle to many an inquiring mind. By some they are supposed to be Indian graves; but, by others, they are thought to have been made as a sort of landmark by the older inhabitants of the plains, when they started into New Mexico on some marauding incursion. These latter persons believe that the Indians were unacquainted with the country they were invading, and had left these marks to assist them in making their way out again. Most likely the first hypothesis is true, and that the stones were thus heaped up to protect the corpses from being devoured by the wolves. On quitting Rayado Kit Carson struck out on the open prairies.

By making an expeditious march, Kit Carson felt that the traders could yet be saved. His party consisted of ten picked men of the dragoons, and it was splendidly mounted on horses furnished him to assist in the undertaking. The pace which Kit commanded and required was one which would try the nerves and courage of most good horsemen. Onward, over the level prairie, the party galloped—every man feeling proud of the guide, whose spirit they caught and imitated. The second night out from Taos they came upon the camp of a detachment of United States recruits who were under the command of Captain Ewell, and who were bound for New Mexico, where they were to reinforce the regiments of the army which were stationed in that territory.

It is customary to send out, each year, detachments of recruits to the different departments of the West. These men are enlisted and collected at the dépôts within the States; and, whenever a sufficient force is collected to fill up the requisitions, they are dispatched, at the proper seasons, to their respective regiments. Those intended for New Mexico set out during the summer months. They are rarely sent at the same time, or as the same command of men. These recruits are a hard set to manage, especially when traveling through the States, where they are exposed to temptation. On arriving at the commencement of their hardships, on the plains, it is usually found that many have deserted, and also that many might have done so with benefit to the government. Military service with recruits, and the same with old soldiers, are two different things. With the former, officers are obliged to command, threaten and punish, to accomplish in one day, what the latter would perform without much trouble in half the time. Recruits know little or nothing about marching or camp duty; and, in taking care of them, an officer has his hands full. Even the most minute items have to be looked to; for example, they are men rarely used to fire-arms, being, for the most part, foreigners by birth, and are just as apt to load a gun with the ball of the cartridge first down, as with the powder. Old soldiers look upon these new comers as verdant in the extreme, and the pranks they often play upon them are very humorous. With patient discipline, they become serviceable men, and are an honor to the standard which they carry; and, what appears to be the strangest fact of all, frequently the poorest looking recruit may make the best soldier. This is a fair picture of the men Capt. Ewell was commanding.

Kit Carson at once informed the captain of the duty he was on, when that distinguished officer, generously determined to assist in putting a damper on the wicked designs of the wretches. Taking with him twenty men, Captain Ewell joined Kit Carson, and together they proceeded in the pursuit. By using every precaution in their power, and forcing their marches, they entered into the camp of the traders, and arrested Fox before he had time even to suspect the business upon which the party had come. After Fox was secured, Messrs. Weatherhead and Brevoort, were informed of the dangers through which they had passed. These gentlemen, at first were astounded, but they soon became assured of the truth of what they heard. They then selected fifteen men whom they knew to be innocent, and ordered the remainder of their escort, numbering thirty-five souls, to leave their camp instanter, which command was promptly obeyed. To Kit Carson, they offered any sum of money that was in their power to bestow, in return for the invaluable service he had rendered them. Kit Carson replied, "that it was reward sufficient for him to have been instrumental in saving the lives of two worthy citizens, and that he could not think of receiving one cent of money."

A long colloquy was held that night around a good camp fire, that was freely fed with "buffalo chips."[21] At midnight, most of the party were asleep, and nothing could then be heard except the barking of wolves and the heavy tread of the guard, as they walked to and fro on their respective beats. On the first appearance of day-light, all hands were up and preparing to strike their tents. Soon after the parties separated, but, before doing so, the traders again expressed their thanks, and then resumed their journey. Fox was first taken to Captain Ewell's camp, then he was turned over to Kit Carson, who conveyed him to Taos, where he was imprisoned for some time; but was finally released, as nothing positive could be proved against him, chiefly because he had committed no overt act, but had only, thus far, engaged in plotting the double murder and robbery. This is always a difficult crime to establish. In this instance, the difficulty was greatly augmented from the fact that the witnesses in the case, as soon as they heard of Fox's capture, scattered and left for parts unknown. He was finally set at liberty.

At that day the keeping of a prisoner in close confinement in New Mexico, or of having him continually under the surveillance of the military was no ordinary, or easy matter. The only places which could be converted into jails, were the common adobe houses of the inhabitants. From these a wide awake and determined prisoner with the free use of his hands, and the assistance of the smallest kind of a tool, as a jack-knife or pair of scissors, could dig out of his dungeon in five or six hours. The large majority of the criminals who were thus incarcerated, managed to effect their escape. In the case of Fox, however, he had a man to deal with who was seldom thwarted in any of his undertakings. With so much convicting evidence of his wicked intentions, and with so much trouble to bring him to trial, it was greatly regretted, that he did not receive a suitable punishment. As soon as he was set free, Fox made his way out of the country; but his further history is not known.