Frank Coe Acquitted

Mesilla Independent June 14, 1879

Examination of Frank Coe on Writ of Habeas Corpus

A judicial examination into matters sometimes places things in a very different light. This was the result in the examination of the charges against Frank Coe. Coe was charged with being one of the party who killed Roberts at Blazer’s mill, on the Mescalero Apache Indian reservation, about one year ago. As the killing of Roberts was alleged to have been on an Indian Reservation complaint was made and a warrant issued for the arrest of Coe and others out of the U.S. District Court. None of the parties were arrested at the time, and the Grand Jury, after a careful examination of the case, failed to find an indictment against Frank Coe. All the other parties composing Brewer’s posse and present when Roberts was killed were indicted. Notwithstanding this fact Coe has ever since been hunted down by what is known as the Dolan-Evans faction with the tenacity of sleuth-hounds; his house burned down, his crops destroyed, farming implements destroyed, and he himself driven out of Lincoln county.

Some two months ago Mr. Coe went into Santa Fe on business, when he was arrested by Marshal Sherman and confined in the Santa Fe jail. Upon what authority Mr. Coe was arrested is not clear. True, an affidavit had been made that he was one of the party who killed Roberts, and a warrant for his arrest, with some twelve others, is said to have been issued at the time, returnable forthwith. The Grand Jury subsequently investigated the charge and refused to indict Coe. All these facts, we are informed, were known to the marshal, but notwithstanding this Coe was arrested without a warrant or other process, heavily ironed and kept in jail some six weeks. He arrived here a few days since in charge of Deputy Marshal Conkling, of Santa Fe, and on Thursday was brought before Judge Bristol on a writ of habeas corpus, Mr. A.J. Fountain appearing for the defendant. The investigation was had under the affidavit above referred to, made sometime prior to the examination of the case by the Grand Jury. The witnesses called were Dr. J.H. Blazer, and Mr. Eastman, both of whom were present when Roberts was killed.

It appears from the evidence that Coe had nothing whatever to do with the killing of Roberts; that he was not a member of Brewer’s posse and that he was at Blazer’s on private business, and happened to fall in with the party just before their arrival at the mill. Roberts himself stated just before he died that he was certain Frank Coe took no part in the fight; that he (Coe) was his friend, and did all he could to save him. The evidence showed this statement to be true. After a full examination of the case Mr. Coe was of course discharged.

It can be seen from this the injustice that has been done and the suffering that has been endured by many of the peaceable, law abiding citizens of Lincoln county. Frank Coe has never been mixed up in any way with the troubles, but on the contrary refused to take sides with either party. The unfortunate circumstance of his happening to be present when Roberts was killed was sufficient excuse for the “Dolan” party to place his name in the list of those marked for the bullet. The cry raised against the “Coe boys” was scarcely less than that against McSween. Even the Mesilla “Sandhiller,” under the direction of its masters, did its share of puny yelping. Taking all things into consideration we don’t know but Coe ought to be thankful for the final result. After being robbed of the fruits of long years of toil; harassed and driven from his home, and thrown into prison and loaded down with chains, he has, upon the first legal examination of the charges against him, been triumphantly acquitted.