Evening star. [volume] (Washington, D.C.) 1854-1972, 1899-08-19
LAWSUIT OVER A SAINT.
Queer Legal Dispute of the AcOmR
and LaEuna Indians.

Queer Legal Dispute of the AcomD
and LaEuna Indians.
Correspondence of the Chicago Record.
One of the most remarkable lawsuits in
the history of Jurisprudence appears upon
the records of the supreme court of the ter
ritory of New Mexico in 1897. under the
title of The Pueblo of Acoma VS.. the
Pueblo of Lagura.''
In many of the Indian vllages-in fact in
most of them-are still standing venerable
churches that We're erected by the Spanish
missionaries during the sixteenth and sew
enteenth centuries. and some of them con-
tain valuable pictures and statues that We're
sent from Spain to the pious monks and
friars who labored so long and earnestly
for the conversion of the heather. AS l
have said elsewhere. the prayers and the
admonitions of the priests have never been
able to separate the Indians from their ma
tive religion. but three centuries of per-
sistent teaching have grated upon them
many of the doctrines and rites of the Cath
Ole Church, SO that the faith and the wor-
ship of the Indian today is a curious mix
ture of Shamanism and Catholicism, and
the pictures and effigies of the saints are
commonly introduced into the barbarous
rites that are still practiced in the pueblos.
The medicine men and the wizards appeal
with equal success to the saints of the
church and to their own familiar spirits.
and snake dance often follows a mass
performed before a conSecrated altar.
The lawsuit | refer to was brought to de-
termine the ownership of a picture of st.
Joseph, which. 1t is claimed, was brought
to Acoma in 1929 by Fray Ramirez, to
whom it was presented by Charles II of
Spain. ST. Joseph is the patron saint of the
pueblo of Acorna, and this picture was an
object of especial veneration by the simple
natives, not only because it was a gift from
the king but because if supposed to
possess miraculous powers. Whenever an
attack from the Apaches expected,
whenever drouth dried up the water in
the irrigating dtches whenever an cpl
demic of smallpox other peStlence pre-
vailed, whenever the children were i'll. and
whenever the tribe started upon its annual
hunt. ST. Joseph in the chapel was always
appealed to as regularly and with the same
faith as the lamentations of the medicine
men. Acoma was prosperous, and the peace
and health and the wealth of the village
We're piously attributed to the possession Of
that picture
The neghborng pueblo of Laguna. which
you can see from the railroad track. was
not so fortunate. While Acoma prospered
in all respects, Laguna suffered from con-
tinuous evils. The crops failed. cloud
bursts destroyed portions of the village, ep
idemcs carried off scores of children, ca .
lamity followed calamity, so that at last the
cacique called the priests and the principal
men together and sent a commission to
Acoma asking the loan of the picture OF st.
Joseph, III order tnat he might restore pros
perity and bring blessings to the afflicted
town.
1t was most unusual and momentous oc-
casion, and required many long and solemn.
councils before a decision could be reached
The Lagunas enlisted the cooperation of
their priest. who had consultation with
the missionary at Acoma. They appealed
Father Mariana de Jesus Lopez. the su-
perior of the Franciscans who ordered a
season of prayer and penance in both vii
lagos, at the close of which the caCidues
We're to draw lots for the saint, believing
that God would direct the result.
The lot decided in favor of Acuma and
the Laguna Indians so indignant that
they determined to take the saint by force,
and while the people of Acoma were cell
ebrating their victory in the estufa, or pa
gan temple in which the shamans perform
their rites, a band of Laguna warriors
broke into the chapel and stole the picture.
When the theft was discovered the cacique
of Acoma declared war against the Lagu-
mas. and there would have been bitter and
a bloody conflict but for the Intervention of
Father Mariana. who persuaded the AGO. E
mas to be generous and let the Lagunas
have the benefit of the influence of the mi
raculous picture for few months provided
they would agree to surrender it at the end
of that time. His advice prevailed, and the
Lagunas made many promises which they
were never willing to fulfill. There was a
change in their condition Immediately after
and they prospered immensely, which, of
course, was attributed to the presence of
the precious picture, and they feared that if
1t Were returned to Acoma their luck would
change. SO time passed. and. notwithstand-
ing the admonitons of Father Mariana and
the priest at Laguna, the Indians refused to
part with the picture, which was protected
by guard day and night for more than
half century.
Finally, at the suggestion of some in
genious pale face, probably a Yankee law
yer, the people of Acoma appealed to the
courts and fled bill for mandamus COM
polling the pueblo of Laguna to return the
saint to its lawful owners. and pending "a
final decision they asked that a receiver or
custodian be appointed to take charge of
him.
There We're few newspapers in those days
and very little information of current inter-
est was published. SO that have to de-
pend upon tradition for the history of the
case All We know Is that it was hotly con-
tested and that the lawyers fees made
both the pueblos poor. Judge Kirby Bena-
dict sitting as chancellor decided in favor
of the original owners, and ordered that the
LaSunas surrender the precious painting to
the cacique of Acoma. -
When the decision became known the lat
ter appointed a delegation to bring the saint
nome, and while they were on their Journey
mar way to Laguna they found the saint
resung against mesquite tree. They con-
sldered this a miracle and the simple peo-
pie stu believe that when ST Joseph heard
of the decision of the court he was in such
a hurry to get back to his home In Acoma
that he started out by himself This ex-
traordfnary picture still hangs over the al.
tar of the little chapel at Acoma, and the
faith in its virtues has never failed 8aI
-r.