by Larry H. Maxey, founder and superintendent, NAILE Fullblood Simmental Shows
Our Pioneers — Old Cattlemen of the Southern California Deserts: Trail Justice or Was It Murder?
The historic Empire Ranch was about 40 miles southeast of Tucson, Arizona. In 1876, Walter Vail and Herbert Hislop established the ranch. It grew from a 160-acre homestead to over 100,000 acres.
Vail and Hislop paid Edward Fish, a Tucson businessman, $2,000 for the property. A few months later John Harvey, an Englishman, joined the partnership. They also had ranching operations in Southern California.
Beef cattle were their mainstay. The completion of the Transcontinental Railroad at Promontory Point in Utah in 1869 gave ranchers a new option for moving cattle long distances, either east or west. California, driven by the Gold Rush of 1849, became a magnet for people of all persuasions. Rapid population growth also made California a prized destination for beef producers.
Vail and his partners realized the opportunities and pursued them. By 1886, a large increase in freight rates charged by the railroads became cost prohibitive to moving cattle by that method. They, like many other ranchers, refused to pay these high rates. Needing to move 2,000 steers to the Warner Ranch in San Diego County, California, Vail decided they would be moved the “old-fashioned way” by foot. The route would essentially be the same as those described in my last two columns for settlers traveling to the Southern California deserts. This decision carried many risks. Long, waterless distances and treacherous conditions were well known, but also unavoidable.
Tom Turner, a young Texan, was hired as trail boss. All arrangements were discussed in detail with Vail, who decided to send his brother Ed along as well as a group of old-time cowboys from the Empire Ranch. Most were Mexican vaqueros. These cowboys knew that traveling such a great distance through the unforgiving terrain meant cattle had to be driven slowly and given adequate time to rest to maintain their stamina. The final destination was the Anza-Borrego Desert in Southern California.
The cattle and crew left the Empire Ranch en route to Yuma, Arizona. Not long after departure, two young fellows accompanied by several horses showed up. They, too, were heading to California. When they offered their services to help with the cattle drive, Turner accepted. These brothers had the last name of Fox. They quickly proved their work habits and blended in with the crew. They were described as likable.
The drive found good feed and water conditions on this first leg of the journey. Always an obstacle, crossing the Colorado River awaited them. Scouts returned and suggested the best route would be near Willow Lake with shallow flowing water and shallow banks. Once across the Colorado, the deserts awaited. The great unknown was the location of suitable water.
Days would pass before they found their first water. Turner, riding point, heard a steer bawl lowly, as thirsty cattle will do. The lead steer raised his head and hurried his pace with his nose facing the wind. Turner knew the steer smelled water. Everyone followed this wind surfer. Two miles away, plentiful clear water was found. The cowboys described this discovery as “the most pleasing scenes ever experienced.” After several days, once men and cattle had rested and fully recharged, the journey continued.
Days later, that lead steer was at it again and more life-saving water was the result.
Eventually the group arrived at Carrizo Creek and the AnzaBorrego Desert. The plan called for days of rest “and recuperation.” The next morning, a mysterious two-horse carriage carrying four men approached the chuckwagon. They motioned for Ed Vail to come over to the carriage. He was a sheriff from Arizona with two other deputies and a rancher. They inquired if there were two boys with horses traveling with them. Vail answered yes. The rancher from Arizona claimed the “boys” had stolen his horses. Since the cattle drive had dipped into Mexico along the route the sheriff could not follow them there. Thus, they took the train to Temecula, where a California deputy joined them.
Vail cautioned that the two “boys” were well armed and very fast with their guns. The sheriff asked Vail to tell the crew that they were mining men and were heading to a nearby mine. Later in the day, the Fox brothers and the other cowboys came into camp. The Fox brothers were initially suspicious of the strangers, but after dinner became more relaxed. The sheriff’s plan was to capture the brothers individually when the moment was right. The older brother was captured with little fuss, but the younger brother managed to break away from his attackers. He ran up a wash with a deputy in close pursuit. Unable to catch him, the deputy raised his gun, fired, and fatally shot the unarmed cowboy. The older brother, now in handcuffs, ran to where his younger brother lay dead. He was told to stop but refused to do so screaming for the sheriff to shoot him, too. They didn’t.
The brother in custody asked Vail to give his brother a proper burial and Vail assured him that he would. The cowboys wrapped the dead brother in his blanket and laid him to rest. The dirt-filled grave was covered with stones. The date was around March 1, 1886. Lester Reed, author of Old Time Cattlemen and Other Pioneers of the Anza-Borrego Area, found the grave in 1930 and photographed it. Years later he learned that the grave had been destroyed.
Reed was told that after the Fox boy was buried at Carrizo Creek someone placed a marker at the grave bearing the inscription: “Joe Fox, age 19, Murdered.”
Eventually, the railroads, fearing more cattle drives, lowered their rates. This allowed the ranchers to move their cattle via rail to California once again. Vail and other locals of the Southern California Deserts were shocked and outraged with the killing of Joe Fox, saying it was totally unnecessary. Was it necessary? What was gained? Was it “Justice Served on the Trail or was it Murder?” .
Editor’s note: This is the forty-third in the series Our Pioneers.
Is there a Simmental pioneer who you would like to see profiled in this series? Reach out to Larry Maxey or the editor to submit your suggestions:
