The different companies of the "Column," as they arrived, were now sent to different points in the department. Our Colonel, James H. Carleton, had been promoted to Brigadier General, and had relieved General E. R. S. Canby, in command of the department of New Mexico. The regular troops were all relieved, except the Fifth Infantry, and sent east, and a protection was now assured to the population, by the California Volunteers. Lieutenant Colonel J. R. West was now promoted to Colonel of the regiment, and in command of the southern district of the department. Fine quarters were found for the command in the village of La Mesilla, and the district was under martial law. Duty was really pleasant here,--plenty of society, with frequent _bailes_, few drills, and plenty of everything to eat and drink. The white population were nearly all of secession proclivities, one in particular, Samuel L. Jones (better known as the pro-slavery Sheriff Jones, of Kansas), who resided here, was arrested usually about once a week, and incarcerated in the guard-house for treasonable utterances.
After a protracted season of this duty, or up to about the twentieth of November, came the most unpleasant part of the history of Company K. There had been several escapes from the guard-house of persons who had been imprisoned for treasonable utterances, until it seemed that there might exist a disposition among some of the command to be a party to these frequent escapades. This state of affairs existed until one morning an escape was reported to the commanding officer, Colonel West, who immediately ordered the sergeant of the guard, with sentinels numbers one, two, three, four and five, who were on duty at the time, to be placed in the guard-house, in irons. It so happened that this sergeant and all the sentinels belonged to Company K, and at the morning drill, after guard mount, the company refused to do further duty, or until the irons were taken off of Sergeant Miller. The soldier most aggrieved appeared to be Corporal Charles Smith, or rather he acted as spokesman for the company. The company was immediately ordered into their quarters by Lieutenant Pettis, and put under guard, and the facts reported to the commanding officer. Orders were given for all prisoners to be placed in the guard-house; Company K was ordered to proceed to the plaza or parade without arms, when the long roll was beat. The other two companies of the garrison were soon on the plaza, fully equipped. Colonel West now made his appearance, mounted; he then marched Company A, Fifth California Infantry, about five paces in front of and facing Company K, with pieces loaded, and at a "ready." He then called Corporal Smith to the front, and asked him if he still persisted in refusing to do his duty? The Corporal respectfully, but firmly, announced that he would do no duty until the irons were removed from Sergeant Miller. Company D, First California Infantry, had been wheeled to the right out of line, and the Corporal was now ordered to place himself about six paces in front of this company. Upon his again refusing to do duty, Captain Mitchell, of Company D, was ordered to fire upon him. This order was unhesitatingly obeyed; and after the smoke had cleared away, it was seen that the Corporal was uninjured. Not so with some others. The position of Company D was such that it was facing the cathedral, which is situated on the west side of the plaza; on either side of the cathedral were long straight streets, running from the plaza; the long roll and the other preparations had called all the inhabitants from their residences, and the result of the first volley was to wound two invalid soldiers, together with one Mexican woman and one child, and the cathedral, which was built of adobes, was concealed for a few minutes by its own dust, caused by the minie balls penetrating its front. The Corporal was again questioned by Colonel West, who returned his former answer, and Company D again fired a volley, but the Corporal remained untouched. After another questioning by the Colonel, Company D was once more ordered to fire, when, between the commands "aim," "fire," Colonel West rode up behind the company with uplifted sabre, and gave the command to "lower those rifles," when the command was given by the Captain to "fire." At this discharge, the Corporal fell to the ground, a minie ball having passed directly through him, having entered his right breast. He was immediately placed upon a stretcher, and expired on his way to the hospital.