The McSween Letter

by James Townsend 

On January 10, 1878, Alexander McSween wrote the following open letter to the Eco Del Rio Grande: 

“Lincoln, N. M.   January 10, 1878 Mr. Lapoint: Dear sir: — An editorial paragraph in the Eco of the 3rd inst. does me great injustice. By written contract and general power of attorney with and from Mrs. Emilie Scholand and Mr. Charles Fritz, administratrix and administrator of the estate of Emil Fritz, deceased, I became attorney of said estate during the month of October, 1876. Agreeably to an understanding previously had with them, I went to New York to ascertain the real condition of the policy on Col. Fritz’ life. Whilst there, as Messrs. Donnell, Lawson & Co., 92 Broadway, will bear testimony, efforts were made by certain parties to compel me to accept fifty cents on the dollar in full for the policy. When it was found I would not compromise, it was said that the whole claim was lost through my obstinacy. In order to get the policy out of the hands of the party having it, seven to eight hundred dollars had to be paid. Upon payment of this sum the policy was reluctantly surrendered. The matter was then put in the hands of Donnell, Lawson & Co., aforesaid. I was absent on this business two months. I paid all the expenses of the trip out of my own pocket. Immediately on my return I informed Mrs. Scholand and Mr. Fritz of what I had done. I filed with the clerk of probate an account of every cent necessarily expended by me during the trip — where and to whom I paid. 

In May, 1875, Maj. Murphy, the surviving partner of Col. Fritz, placed the estate’s accounts in my hands for collection. Upon all payments, as reported by him, I charged ten per cent. 

In December, 1876, I notified the administrator and administratrix that during the January 1877 term of our probate court I would present my account against the estate of Colonel Fritz for allowance. Mrs. Scholand acknowledged service of said notice, but was not present during said term. Mr. Fritz, however, was present and approved my account, as did also the probate judge. The amount of the account was $3,815.15. 

August 1st, 1877, I was informed by Donnell, Lawson & Co. that they had credited my account $7,148.94, that sum being the proceeds of the policy after the deduction of their fees. Under that date I wrote to Mrs. Scholand and Mr. Fritz that the policy was paid and that I was ready to settle with them. 

J. B. Patron and J. B. Wilson held approved claims against the estate to the amount of $280; these I paid by order of Mr. Fritz. 

I told Mr. Fritz repeatedly that I was ready, anxious and willing to pay the balance in my hands over to him and Mrs. Scholand; that if Mrs. Scholand could not come in person she could authorize him or some other person to receive the money for her. 

I was never asked to settle, nor did I promise or agree “to surrender the amount at the next session of probate court.” 

I was requested to go to St. Louis on business for Col. Hunter. Every man, woman, and child in the town knew I was going three weeks before I left. Before leaving I wrote Captain Crouch, Judge Bristol, Judge Newcomb, and Mrs. Fountain of my contemplated trip, how long I expected to be absent, &c. Two or three days before leaving Mr. Fritz called at my office and asked if I would pay him a specific sum of money; I replied in the affirmative. I told him I was going; how long I expected to be absent; that Mrs. Shield of this place would have charge of my business during my absence; that when Mrs. Scholand came over or sent her order, the balance in my hands would be paid. I left in my own private conveyance for the railroad. After reaching Las Vegas I was informed that certain parties had telegraphed to know if I were there. I told my informant to telegraph that I was. I waited 24 hours to know what was wanted. The sheriff of San Miguel was ordered by telegraph to arrest me; he did so. I offered to waive all formalities and give bonds in $20,000 that I would appear before Judge Bristol within ten days and answer; this was refused. 

I remitted Mrs. Scholand some money at the suggestion of a member of the Doña Ana bar. L. G. Murphy, surviving partner &c, recently filed claims against the estate to the amount of $76,000 (seventy-six thousand dollars!). The whole of this claim was this day disallowed by Judge Gonzales, for want of evidence. On the other hand, taking Maj. Murphy’s own statement, the surviving partner owes the estate over thirty thousand dollars, so that his claim to the insurance money has “faded.” 

It has been said that every man has his price, but ten thousand dollars and interest is not my price; for whilst I continue acting honestly and uprightly, I can easily command double that sum if necessary. In addition to all this my personal and real interests in this town of Lincoln far exceed the amount of money in my hands belonging to the Fritz estate. The sheriff of San Miguel County offered to compromise the matter and allow me to go east; I declined to do so even though he would accept one dollar in full discharge. 

Hoping that a sense of fairness will secure the foregoing a prominent place in your next issue, I am 

your obedient servant,   

Alex A. McSween,             

Attorney for the Estate of E. Fritz, Deceased.”