Papers Relating to the Foreign Relations of the United States, Transmitted to Congress, With the Annual Message of the President, December 6, 1875, Volume II

No. 452.
Mr. Mariscal to Mr. Fish.

[Translation.]

Legation of Mexico,
Washington, January 30, 1875. (Received January 30.)

Mr. Secretary: Toward the close of the years 1873 and 1874 an unusual number of crimes and outrages of all kinds were committed against Mexicans in the State of Texas by inhabitants of that State, the perpetrators thereof, in the great majority of cases, remaining unpunished, either through powerlessness on the part of the authorities of that State or from some other cause still more to be lamented. At the commencement of the period to which I refer, I began to receive information of what was taking place on the Mexican frontier, together with appeals urging me to complain to the Government of the United States. I was unwilling to do this, however, until I should have received proper proof of each outrage, and until all legal resources for the punishment of the criminals should have been exhausted, or until I should be reasonably convinced that all efforts to this end were absolutely unavailing. I confined myself to counseling moderation and prudence in the midst of the excitement prevailing among the Mexican population of those regions, and I said that every effort must be made to secure a remedy from the local and State authorities before appealing to the government of Mexico for diplomatic action.

This is certainly required by the principles of international law. I think, however, that I have observed them in this matter with a scrupulousness which, at first sight, might seem carried too far, if at least we consider the conduct of the government of Texas, which has been notoriously hostile to the Mexicans, as has been shown by a series of acts, and even by official documents known to the public. Meanwhile, except in a few brief conversations with you, Mr. Secretary, and with Mr. Cadwalader, I have avoided troubling the Government of the United States with reference to this grave situation. Now, however, I find myself obliged to do so, in a particular case of a horrible character, as are others which I shall perhaps present hereafter.

With regard to this matter, a formal complaint has been made to my government, which, that I may solicit due reparation, has sent me the documentary evidence (folios 35 and 13) which I have the honor to transmit with the present note. By this evidence the following is shown:

Don Toribio Lozano is a Mexican, residing at Aguafria, in the State of Nuevo Leon, who has owned a rancho or stock-farm in Nueces, Texas, since 1861. He has always kept a considerable number of sheep and goats there, under the charge of shepherds, who were likewise Mexicans, hired at the place where he resided. Thence, he took them to his rancho, which he himself only visited occasionally, for which reason he selected the most honest men as his shepherds that he could obtain. Early in December, 1873, Lozano received a telegram from Corpus Christi informing him that seven of his shepherds had been hung, (it was not stated by whom,) and that the rest had been frightened away, leaving the rancho and the animals without any guard, for which reason the animals had become scattered and lost. Lozano naturally at once repaired in all haste to the scene of the outrage, and, abandoning his affairs at Aguafria, took several men with him as an escort. This precaution was necessary because, after the commission of the crime, the magistrate at San Diego, a town near the place where the crime was committed, absented himself from the district for several days, and utter disorder reigned there.

The hanging of the seven shepherds took place on the 28th of November; and it was not until the 5th of December that an inquest on the bodies was held by the coroner’s jury, by reason, as was alleged, of an Indian invasion, which took place after the commission of the crime, and did not extend, as it appears, to the place where it was committed. The perpetrators of those seven homicides, according to common report, and the testimony of a boy who escaped from the massacre, were persons from Dogtown and Stone Bridge; it frequently happening, as is averred by Lozano’s witnesses, that parties of land-owners and other residents of Texas are organized for the purpose of killing shepherds, who are accused of the crime of stealing and skinning cattle, in order to sell their hides. These witnesses, moreover, declared that, in spite of such savage devastation of thefts of this kind among those Texans, their authorities do not punish, and even expressly permit, the free sale of the hides which may have been thus stolen, and in this manner encourage a crime which they afterward punish in a manner as illegal as it is barbarous. The victims of this atrocious system are usually Mexicans, who, through blindness or interested motives, are made the scape-goats of the criminals.

In this manner, and in others arising from the same cruel prejudice, I am informed that many unfortunate Mexicans have been put to death, whose relatives, through ignorance, terror, or some other cause, do not take the necessary steps to obtain redress.

Returning to the matter which now occupies me, I will observe that, notwithstanding the indications which pointed to the real criminals, since the companions of Lozano even observed the tracks of their horses, which had evidently gone to the aforementioned towns, notwithstanding that this crime had evidently been committed by many persons, and that it must have left many vestiges, it has been said there is no means of discovering the murderers. This is the only result obtained by the Mexican consuls residing at Brownsville and San Antonio, who have earnestly solicited from the proper officers of justice in Texas that the crime to which I refer might be inquired into and punished. Nothing serious seems to have been done looking to such an investigation, as if the power or the will to make the investigation were lacking, or as if the criminals were feared, as may be suspected in the case of the magistrate at San Diego, when he absented himself from the district after the commission of the crime, before he could have been alarmed by the alleged invasion of Indians.

These, Mr. Secretary, are not isolated presumptions that no attempt has been made in Texas to punish the crime to which I allude on the ground that such punishment is impossible, but they are confirmed by the irrecusable opinion of the governor of that State. When the Mexican consul at San Antonio addressed a polite note, dated February 6, to Governor Coke, calling his attention to the case, the governor replied three months afterward (May 8) by a communication of which I have the honor to inclose a copy, (folio 35.) The original, in the governor’s handwriting, is in my possession. In that remarkable reply the governor admits that “lawlessness prevails to a great extent in the western and border counties,” and that “in some degree it cannot be reached by the regular authorities,” adding “this state of things results necessarily in a measure from our form of government.”

He states, however, (and indeed with reason,) that that does not justify the murderers of the Mexicans, and as a means of avoiding crimes of this kind, which he calls inflictions, he advises herdsmen not to enter the State of Texas, or, if they do so, to be very scrupulous in their respect for property, which he says he is informed they have not always been. After such declarations from the executive of Texas, which reveal not only the powerlessness of the authorities, whether real or arising from prejudice, (which amounts to the same thing,) but also the prejudice which exists against Mexican herdsmen, it seemed useless to continue to take measures for the obtainment of justice, although the governor says, in conclusion, by way of encouraging the hope which he had already extinguished, that he would ask for an investigation of the crime, and for the punishment of the guilty parties. Nevertheless efforts have been made to secure the enforcement of the law in this scandalous case. Nothing, however, has been obtained, as I have already remarked; nothing has been done by the authorities in the case; and recognizing, perhaps, its powerlessness to repress outrages against Mexican stockmen, in accordance with the opinion of the governor in regard to the best means of avoiding them, the legislature passed a law, on the 2d of May last, expelling, by implication, cattle belonging to Mexicans from Texas, under penalty of confiscation if found elsewhere than on land belonging to their owners.

The execution of this law within a limited period could not fail to do much injury. The governor was also authorized to raise two companies of volunteers for the preservation of order in Nueces and Duval Counties; and those companies have been a most terrible scourge to the Mexican population, among whom they have committed all manner of outrages, and even murders, to which I shall probably have to refer in various notes.

I beg you, Mr. Secretary, to excuse me for alluding, on presenting this complaint for a single case, although in a general way, to various others in which Mexicans have been badly treated in Texas, because I consider that this allusion is useful to throw light upon a question which may now arise. This is, whether there is evidence or not that there has been a denial of justice since the commission of the crime has been well proved. In my opinion, it is also proved that there has been such denial of justice, not only because during the two years that have elapsed the criminals have not been punished, nor have any decided measures been taken for their detection, but because the prevalence of lawlessness and the inertness or powerlessness of the authorities near the scene of the crime are plainly shown by a multitude of facts, and have been recognized by the executive of the State. The excuses made by the governor, for this state of things, and the cause to which he attributes them, are, I think, quite unworthy of discussion. So long as that portion of Texas is not formally declared to be in a state of civil war or insurrection, the government of that State cannot avoid responsibility by alleging inability to fulfill its obligations.

It being in vain, as I have already remarked, to expect any redress from the State of Texas, my government thinks that the petition of Lozano, a copy of which is inclosed, asking for an indemnity from the Government of the United States, is just and well founded. The claim presented by him amounts to twenty-eight thousand two hundred and twenty-one dollars, and seems by no means exaggerated. Therefore, if this sum should be granted to him, with interest at six per cent. per annum until its payment, this would be, according to my view of the case, in accordance with the plainest principles of equity. As to the indemnity for the families of the shepherds, which is likewise solicited by Lozano, he being duly authorized to do so, I think it should be fixed at twenty thousand dollars for each one; and for this there would be no lack of precedents, to which I think it now unnecessary to refer.

In conclusion, Mr. Secretary, allow me to express the hope that the Government of the United States will receive this request from the government of Mexico in favor of these unfortunate men in the spirit of equity and justice which is always expected as a model in the high functionaries of this republic.

I have the honor, &c.,

IGNO. MARISCAL.

[Inclosure 1.—Translation.]

folio 35.—documentary evidence in the case of the murdered shepherds.

To the Citizen Minister of Foreign Relations:

I, Toribio Lozano, a resident of Aguafria, in this State of Nuevo Leon, respectfully state that, having kept my sheep and goats in Texas, for breeding purposes, since the year 1861, I suffered a great disaster last year by the causeless murder of almost all my shepherds, losing in consequence thereof a large number of my animals. As these unjustifiable acts are due to negligence on the part of the authorities, who have declared Mexicans to be outside of the pale of the law of nations, I have here caused a formal statement thereof to be made, setting forth, at the same time, my just claims for indemnity. The same has been done by the relatives of the murdered shepherds. I send you the original documents relating to both matters, in order that the rights of the sufferers may be properly asserted.

The outrages which I have suffered are well known, as are many others suffered by Mexican citizens residing in Texas. The press of that State has referred to them at length, especially to my own case. It has unanimously condemned these acts of violence, but no steps have been taken for redress, and no measures have been adopted for their prevention in future. This conduct has forced our consul at San Antonio to address the present governor of Texas, from whom nothing has been obtained, save the declaration of his powerlessness to repress and punish them, and, I grieve to say, the outspoken assertion that Mexicans ought not to reside in Texas. If proofs were wanting in regard to the direct participation of those authorities in the commission of the horrible acts of which I complain, this alone would furnish sufficient ground upon which to base their responsibility. The journalists of the said State of Texas, taking this view of the matter, raised their voice against the barbarous policy of that functionary, and sustained my rights and the rights of those whose situation was similar to mine, as I prove by one of the numerous articles which have recently been published.

As you will see by my complaint, I only claim indemnity for those losses which I am able to prove; and I have abstained from all exaggeration, preferring any loss rather than to have any of the items presented by me rejected; among these items there is not one for any of the amounts given by me in charity to the widows and orphans of those who died while taking care of my interests.

The reading of the documents which I inclose will give a complete idea of the justice of my ease, and I therefore omit useless explanations, confining myself to urging you to seek to secure, as promptly as possible, the just indemnity which is my due, and at the same time an indemnity for the families of the victims.

I beg that you will report this matter to the citizen President, and that you will be pleased, in conjunction with him, to take such measures as yon may deem most suitable for the obtainment of full reparation from the American Government for all losses suffered. This is justice.

TORIBIO LOZANO.

Monterey, October 30, 1874.

District Court of the State of Nuevo Leon,
Monterey, 1874.

Deposition of witnesses solicited by the citizen Toribio Lozano for the purpose of presenting a claim to the United States of America for losses suffered in Texas.

August 6. The citizen licentiate Valdez Gomez, judge.

P. BORREGO, Secretary.

Telegraph-line of the supreme government.

[Telegram, sent via Matamoras, December 4. Received at Monterey December 4, 1873, at 20 minutes past 4 o’clock in the afternoon.]
Corpus Christi.

Messrs. Zambo Brothers: Please inform Don Toribio Lozano of the following at once: A great disaster to his men and flocks; seven shepherds killed; the rest not yet found: animals all lost.

DIONISIO G. RAMIREZ.

Proceedings of an inquest held on the bodies of Filomeno Bios, Epifaneo Rios, Vicente Garcia, Jorge Rodriguez, José Maria, Leonardo Garza, and Blas Mata, shepherds in the employ oj Don Toribio Lozano, of Aguafria, Nuevo Leon, Mexico, found dead at La Chuza, Duval County, Tex., on the 29th of November, A. D. 1873.

(On account of the Indian troubles was unable to proceed to the spot until the 5th day of December, A. D. 1873.)

The following jurors were impaneled and sworn, viz: Calixtro Tovar, Alonso Allen, T. A. Shaw, Owen Sinnott, D. G. Ramirez, and Francisco G. Flores.

On examination, the bodies were found hanging to trees in a creek, about one mile off a sheep-pen fronting La Chuza, and within a distance of twenty yards of each other. The brothers Filomeno and Epitacio Rios were hanging on one limb, and Jorge Rodriguez on another limb of the same tree; Bias Mata on a tree about 6 feet from Jorge Rodriguez; Leonardo Garza to a tree about twenty yards from the Rios brothers; Vicente Garcia on a tree about four yards in front of Leonardo Garza; and José Maria about half-way between the Rios brothers and Leonardo Garza. Some of them had their hands tied with what is called granny knots. The trail of horses, twelve or more, was found going in the direction of the Nueces River. The hats and blanket of the victims were laying near them, and the ropes with which they were hung was quarter-inch, commonly used for coping sheep and goats. The process of strangulation undoubtedly caused their death, and, from the appearance of the bodies, they had been hanging several days.

First witness, Miguel Martinez, being duly sworn, says that, on the 29th of November, 1873, Encarnacion Garcia Garza sent me to the Chuza, in Duval County, to see if it was true that the shepherds of Toribio Lozano were hung. I got to the Chuza at midnight, and went with a shepherd named Desiderio to where the bodies were. I examined the bodies with matches to see if they had wounds, and I did not see any cause for their death except that they were hung. I found seven bodies hanging.

MIGUEL his+mark. MARTINEZ.

Sworn and subscribed to before me.

JAMES O. LUBY,
Justice of the Peace, Precinct No. 3, Nueces County.

We, the undersigned jurors, find that the bodies of Filomeno Rios, Epifaneo Rios, Vicente Garcia, Jorge Rodriguez, Leonardo Garza, José Maria, and Bias Mata were found hung to trees by parties unknown, some with their hands tied behind and some before, their bodies not appearing shot or stabbed.

• CALIXTO TOVAR, Foreman.
• ALONZO ALLEN.
• T. A. SHAW.
• OWEN SINNOTT.
• D. G. RAMIREZ.
• FRANCISCO G. FLORES.

La Chuza, December 8, 1873.

Attest:

JAMES O. LUBY,
Justice of the Peace, Precinct No. 3, Nueces County, Acting Coroner.

indorsed.

Proceedings of an inquest held on the bodies of Filomeno Rios, Epifaneo Rios, Jorge Rodriguez, José Maria, Leonardo Garza, Vicente Garcia, and Bias Mata, December 6, 1873, at La Chuza, Duval County.

JAMES O. LUBY,
Justice of the Peace, Precinct No. 3, Nueces County, Acting Coroner.

Filed January 28, A. D. 1874.

JOSEPH FITZSIMMONS,
Clerk District Court, Nueces County.

The State of Texas, County of Nueces, ss:

I, Joseph Fitzsimmons, clerk of the district court in and for said Nueces County, and legal custodian of the records thereof, hereby certify that the foregoing three pages contain a true and correct copy of the proceedings and report of the coroner’s inquest on the bodies of the seven shepherds found hung at the Rancho La Chuza, in Duval County, on the 29th November, A. D. 1873, as the same appears in the original report of said inquest filed in office of the clerk of the district court of said county on the 28th day of January, A. D. 1874.

Witness my hand and the impress of my official seal at office in Corpus Christi this 12th day of May, A. D. 1874.

JOSEPH FITZSIMMONS,
Clerk District Court, Nueces County.

By PATRICK McDONNEGH,
Deputy, District Court of Nueces County, Texas.

Certified copy of inquest on bodies of seven shepherds found hung at Rancho La Chuza, December 6, 1873, Duval County.

Filed January 28, A. D. 1874.

JOSEPH FITZSIMMONS,
Clerk District Court, Nueces County.

Carrizo, Tex., February 9, 1874.

Received from Don Toribio Lozano the sum of sixty-five dollars ($65) specie, in part payment of one hundred and twenty-five ($125) dollars, being the amount of inspection-fees due on 800 head of sheep and goats.

Balance due, $60.

JOSHUA ARMSTRONG,
Inspector Sides and Animals, Zapata County.

tax receipt.

$69	22
19	35
88	57

Received of Toribio Losano the sum of sixty-nine 22/100 dollars, the State and county taxes for 1873 on his property, including the following-described real estate:

A. b. No.	Acres.	Original grantee.	County.
Also		Nineteen 35/100 dollars school-tax.	County.
This 1st day of December, 1873.		JOHN McCLANE, Sheiff of Nueces County.

tax receipt.

$10	95
2	70
13	65

Received of Pablo Garza the sum of ten 95/100 dollars, the State and county taxes for the year 1873 on his property, including the following-described real estate:

A. b. No.	Acres.	Original grantee.	County.
Also		Two 70/100 dollars school-tax.	County.
This 1st day of December, 1873.		JOHN McCLANE, Sheriff of Nueces County.

tax receipt.

$33	45
9	13
42	58

Received of Antonio Lozano the sum of thirty-three 45/100 dollars, the State and county taxes, for the year 1873, on his property, including the following-described real estate:

A. b. No.	Acres.	Original grantees.	County.
Also		Nine 13/100 dollars school-tax.	County.
This 1st day of December, 1873.		JOHN McCLANE. Sheriff of Nueces County.

Office of Inspector of Hides and Animals,
Zapata County, Texas.

This is to certify that I have this day inspected, in possession of Toribio Lozano, eight thousand (8,000) head of sheep and goats, of his own property, marked as follows:

In testimony of which said inspection I extend this certificate of protection, verifying the same by my signature hereto subscribed and officially hereto attached at office in Carrizo, the 9th day of February, A. D. 1874.

JOSHUA ARMSTRONG,
Inspector of Hides and Animals, Zapata County, Texas.

Constitutional Court of San Francisco de Apodaca.

I, the citizen Lazaro Guajardo, first constitutional alcalde of Apodaca, hereby certify, as far as I can, and as far as the law allows, that the citizen Toribio Lozano, of this town of Aguafria, has presented before me, in the office under my charge, a book of accounts, which I certify to have seen, and which contains his accounts with the hired men in his employ, among them being that of Filomeno Rios, who owes him $140.49; that of Jorge Rodriguez, who owes him $216.13; that of José Ma Reina, who owes him $65.39; that of Leonardo Garza, who owes him $77.20; that of Epifaneo Rios, who owes him $75.17; that of Vicente Garcia, who owes him $67.23; that of Bias Mata, who owes him $43.13; which accounts having been carefully examined are found to have been kept in accordance with law, without any error, up to the 28th of November, 1873, at which time he ceased to keep them on account of the death of the persons in question.

And at the request of the said Mr. Lozano, and for such purposes as may be necessary, I issue the present certificate to him, at Apodaca, July 30, 1874. I certify.

LAZARO GUAJARDO.

HESIQUIO GARZA, Secretary.

To the Citizen District Judge:

I, Toribio Lozano, a resident of Aguafria, and a Mexican citizen, appear before you, stating that in the year 18611 took my sheep and goats to Texas for the purpose of selling them, because it was difficult to carry on that business here on account of the repeated incursions of the Indians. The southern revolution having broken out while I was in Texas with my animals, it was difficult for me to return. Wherefore, I left my property at the rancho in San Diego, Nueces County, for breeding purposes. Although I did not remain in Texas myself, I left ten or twelve men there, whom I sent from Aguafria, and whom I was obliged to select from among the most honest people that I could find, since I was obliged to confide my property to them, and since I visited the rancho under their charge only once or twice a year.

During this time, with the exception of some deaths among the shepherds, and some destruction of animals caused by the Comanche Indians, I suffered no loss of property until November 28, 1873, when a band of stock-raisers from Dogtown and Stone-bridge, having been organized, attacked seven of my shepherds while engaged in the regular performance of their duties, and hung them, frightening away the rest, who did not return to the scene of the disaster until seven days afterwards. Not to speak of the horrible nature of the outrage committed upon innocent persons, the losses caused me thereby have been enormous, and, as I believe that they are due to culpable negligence on the part of the Texan authorities and those of the United States in the fulfillment of their duties, I propose to furnish evidence thereof in order to ask redress for the same, in due form, through my government.

From the certificate which I inclose, and which was given to me by one of the authorities of San Diego, it appears that my shepherds were killed on the 28th or 29th of November; that their bodies remained suspended from trees until the 5th of the following month, because the authorities and inhabitants of San Diego had fled on account of an incursion of Comanche or other Indians inhabiting the territory of the United States; that Filomeno and Epifaneo Rios, brothers, and Vicente Garcia, Jorge Rodriguez, José Ma Rein a, Leonardo Garza, and Bias Mata were the persons put to death by strangulation, they having been first tied and then hung from a tree; that the perpetrators of the murder of seven honest and peaceful persons were twelve or fourteen men, as appears from the tracks of their horses, which had gone in the direction of the Nueces River from the Chuza ranch, where the crime was committed, information thereof having been given by the citizen Incarnacion G. Garza.

From these proceedings of the jurors of Nueces County, it appears that they confined themselves to stating the fact of the commission of the crime, but that they did nothing in order to discover the criminals, to whom common report points as residents of Dogtown and Stonebridge, and that they did nothing to vindicate an outraged community or to procure redress for the enormous damage done.

If this arose from the fact that the action of the authorities was impeded, while the crime was still recent, by the incursion of the Indians which forced them to flee, the Government of the United States is responsible for all the damage done; because it is its duty to repress those invasions and to make good such damage as may be caused directly or indirectly thereby.

The same may be said in the case of those authorities which, either through negligence or complicity, do not fulfill their duties, and both circumstances have conspired to aid the escape of the criminals, who are protected, not by secrecy or doubt as to who they were, but by the fear which they inspire on account of their wealth, their numbers, and, above all, by the influence which they acquire over authorities that are guilty, through collusion with the criminals, of the crime for which they inflict punishment. This crime is the skinning of cattle for the purpose of selling their hides. This has been committed in Texas for many years, and has increased to an alarming extent, which can only be explained by the bad faith of the authorities, in regard to which much might be said. I need not take this trouble, however, in view of the testimony taken last year by the committee of investigation, when the bad conduct of the stockmen was fully shown, as vas also their criminality, and that of the authorities themselves, who in many ways encouraged the evil, which was in reality the cause of the murder of my shepherds, and which forced me to sell my property in Texas at a great sacrifice, I losing at the same time a considerable portion of my property on account of the abandonment of my animals, which the authorities of San Diego were unable to prevent, by reason of the incursion of the Indians which took place at that time.

Even if the investigations to which I have referred had not been held, the mere perusal of the Texas newspapers would remove any doubt on this head, and would firmly establish the justice of my claim for indemnity from the American Government. Irrecusable testimony, which will be furnished in due time, will also confirm this; for there are citizens in San Francisco de Apodaca who were working at Stonebridge, Tex., when my shepherds were murdered, and they state that one or two days previously a band of American stock-raisers was organized there, whom they believe to have committed the said murders; because, as soon as they had returned, the report that they had done so began to circulate.

Complaints were also made to the government of Texas and that of the United States by an American citizen of San Diego, who asked for protection on account of the demoralization which existed there, and stated that the outrages which were occurring there, through the negligence of the authorities, who, far from repressing, encouraged the commission of the crime of skinning cattle by the licenses which they issued for the purchase of bides, the traffic in which was scandalous;

The authorities being powerless to correct the evil, information lodged against those who had committed the murders did not stimulate them to perform their duty by fully investigating the facts, nor even to take such precautions as would have guaranteed security to those who, in such a state of things, saw their lives and property at stake.

As regards my property, as soon as I learned the facts hy the telegram, which I inclose, I set out from Aguafria for San Diego, Tex., accompanied by twelve men, whom I took to act as my escort and to collect the dispersed remnant of my animals. In that great disaster, as I have already said, the authorities did not collect my animals, nor did they prevent the loss resulting from the abandonment of all my animals in the country in consequence of the murder of my shepherds.

Another butchery of Mexicans, which took place at the very time that I arrived at my rancho, caused me to understand the gravity of the state of things there prevailing, and of the lack of protection; because those murdered were not thieves, but Mexican land-owners of well-known respectability. This caused me to form the design of abandoning those regions, selling my property at any price that I might be able to obtain. I was confirmed in this purpose by two circumstances which came to my knowledge, one of which was that the magistrate of San Diego abandoned his residence through fear, and that he did not return to it until he could do so accompanied by a detachment of troops, which employed their time in everything but the detection and apprehension of the criminals, who, as was well known, were the stock-raisers of Stone-bridge and San Diego; the other was the information that was received (and which I consider reliable) of a movement on the part of all the Texan stock-raisers, in case certain measures were carried out which had been resolved upon at Corpus Christi, for the purpose of preventing those outrages, which frustrated even the hope of improvement in that sad condition of affairs.

My losses have not been caused by the dispersion of my animals alone, but by the expense incurred in collecting them, and by the necessity I was under of selling them at a great sacrifice, feeling certain, as I did, that if I should take them to Mexico the loss would be certain, as the result proves in the case of that portion which I was unable to sell.

The reality of the losses and injuries suffered is made evident by the statement of the facts, but I demonstrate it by the documents which I herewith transmit, and the testimony of the witnesses whom I shall present for examination by means of the inclosed questions which I refer to, all the facts upon which I propose to base my own claim and those of the families of the murdered shepherds. I therefore beg you to be pleased duly to examine the case, and to cause the depositions of the witnesses to be drawn up in due form, and then to transmit the original of the same to me, that I may address the citizen minister of foreign relations, since they form only an informatio ad perpetuam, which should remain in my possession that I may hereafter, at any time, be able to take such steps as my interests may require. I ask only justice.

Monterey, July 28, 1874.

TORIBIO LOZANO.

N. B.—I inclose receipts for payments of taxes in Texas after the murder of my shepherds, as is seen, of the same date, and it must be observed that of the three receipts to which I refer, two are given in the name of the citizens Pablo Garza and Antonio Lozano, who were keeping on shares animals belonging to me.

I also inclose the certificate of inspection given in Texas, in accordance with the laws of that State, whereby I show that I transported my animals, concerning which circumstance all doubt is removed by the certificate of the payment of passage of my animals, which I also inclose. Date ut supra.

LOZANO.

Questions to de asked the witnesses referred to in the foregoing application.

• First. What is your name; occupation; place of residence, &c.?
• Second. Do you know that Mr. Toribio Lozano is a Mexican and a resident of Aguafria in this State of Nuevo Leon?
• Third. Is it true that he has owned/ sheep and goats for many years? Where has he kept them? How long, and what kind of persons did he employ to take care of them? How much did he pay them? Of what nationality were they? How do you know all this?
• Fourth. Do you know anything about the rancho which Mr. Lozano owned in San Diego, Nueces County, Texas? If so, what was its approximate value?
• Fifth. Is it true that in the month of December, 1873, while Mr. Lozano was at Aguafria, he received news of the murder of his shepherds by the telegraph from Corpus Christi?
• Sixth. Did Mr. Lozano set out for Texas accompanied by nine men, three men setting out after him subsequently, the details of the occurrrence being known there while another outrage was being committed upon two other Mexican land-owners, one of Guerrero, the other of Camargo, a servant of each of the latter being also murdered?
• Seventh. Is it true that common report attributed those murders to armed bands of American stock-raisers from Dogtown and Stonebridge; if so, what was the cause of this rumor, and what induced said stock-raisers to commit those atrocities?
• Eighth. Did the magistrate of San Diego receive timely information of these rumors? Did said magistrate leave the city through fear, returning accompanied by soldiers, who came for the purpose of guarding the town?
• Ninth. Is it the general opinion that these disorderly acts and murders are due to the skinning of cattle in the country districts? Is it true that the sale of hides is conducted freely by permission of the authorities?
• Tenth. From the knowledge which you have of the property of Mr. Lozano, was said property worth the prices charged therefor in the account presented by him? Were the losses, which he claims to have suffered, suffered in reality? Were said losses due to the cause stated by him? Has the estimate been justly made?
• Eleventh. Did the Texan authorities, particularly those of San Diego, take any steps, after receiving information of the murders, for the detection and punishment of the criminals in order to prevent the loss of the animals, and in order to guarantee safety? What is your opinion with regard to their conduct; and why?
• Twelfth. Have you any interest, either direct or indirect, in the claim now presented by Mr. Lozano?

TORIBIO LOZANO.

Monterey, August 5, 1874.

Statement of losses and injuries caused to Toribio Lozano by the authorities and people of Texas.

Two thousand eight hundred head of sheep and goats, lost from being abandoned in consequence of the death of the shepherds, at $1 each____	$2,800 00
Amount due from the murdered men, according to certificate	686 67
Loss incurred in selling the rancho, the true value of which was $2,500, and which had to be sold for $500	2,000 00
Loss suffered from death of animals during their removal, together with other losses	1,500 00
Expenses incurred in finding and employing new shepherds and men taken from Aguafria, to collect the dispersed animals	2,800 00
Personal expenses incurred by myself while engaged in collecting and removing my dispersed animals	1,200 00
Loss suffered in consequence of the sale in Texas of 9,000 sheep, the amount lost on each being three reals	3,375 00
Value of the arms of the shepherds which were seized by the murderers	210 00
Loss suffered through the absence of the shephers	1,150 00
Loss incurred by me in consequence of abandoning my business at Aguafria, in order to attend exclusively to my affairs in Texas	2,500 00
Total	18,221 67

TORIBIO LOZANO.

Monterey, August 5, 1874.

Note.—I make no charge for the amounts given by me in charity to all of the families of the murdered shepherds, said families being reduced to a condition of extreme poverty. Dated as above.

LOZANO.

Presented on the 6th at 9 o’clock in the morning. [A flourish.]

Monterey, August 6, 1874.

Presented with the accompanying documents and account. Let him ratify the statements which he makes; let the steps which are requested be taken; and let the original be returned certified for such purposes as may be necessary. The citizen district judge of Nuevo Leon has thus ordered and signed before me, the secretary. I certify.

The licentiate,

VALDEZ GOMEZ.

Pablo Borrego, Secretary.

On the seventh of the same month, the citizen Toribio Lozano being present in this court, the foregoing document was read to him, and he said that he heard it, and the petition and account presented by him having been read to him, he stated under oath that he ratified all the statements therein made, and declared that he had not presented this claim either to the Mexican or to the American government, and he signed with the citizen judge before me, the secretary. I certify.

The licentiate,

VALDEZ GOMEZ.

TORIBIO LOZANO.

Pablo Borrego, Secretary.

On the same day the aforesaid Toribio Lozano presented the citizen Santos Mendez as a witness, who declared under oath that he would tell the truth in answer to any question that might be asked of him, and being questioned in the form presented by the citizen Toribio Lozano, he replied as follows:

• First. My name is as above; am married; a stock-raiser; am a resident of San Francisco; am thirty-eight years of age. There is no legal obstacle to my testifying in this matter; am in no way interested in Mr. Lozano’s claim.
• Second. The citizen Toribio Lozano is a Mexican, and a resident of Aguafria, in the State of Nuevo Leon.
• Third. The aforesaid Mr. Lozano had been for twelve years an owner and breeder of sheep and goats in Texas. The people employed by him were always Mexicans, and were very honest. He always gave them good pay; this I know to be a fact, because I lived several years in Texas, engaged in raising cattle near the rancho owned by Mr. Lozano.
• Fourth. I have a perfect knowledge of the rancho owned by the aforesaid Mr. Lolano, in San Diego. It was worth about $3,000.
• Fifth. I know that Mr. Lozano received news by telegraph at Aguafria of the murder of his shepherds, because I was there at the time.
• Sixth. I accompanied Mr. Lozano to Texas; there we learned the particulars of the murder of the shepherds and of three other Mexicans.
• Seventh. It was well known in Texas that armed hands of American stock-raisers of Dogtown and Stonebridge were the persons who committed those horrible murders, because in consequence of the great disorder and lack of security there existing there are thieves in that neighborhood who skin cattle, and because the authorities do not take care as they should to bring the offenders to justice.
• Eighth. It was well known that the magistrate of San Diego had knowledge of those atrocities, and that he left the town through fear of the bandits, returning accompanied by soldiers, who came to guard the town in consequence of the great disorder there prevailing, and the lack of protection from the American Government.
• Ninth. These disorders and murders are to be attributed to the killing of cattle, the hides of which are freely sold by permission of the authorities, thus causing the murder of innocent, honest, and industrious persons, as were the shepherds of Mr. Lozano.
• Tenth. From my knowledge of the affairs of Mr. Lozano I have no doubt that said Lozano lost much more than the eighteen thousand and odd dollars which appear in the account presented by him. The said loss is due, I think, to negligence on the part of the authorities of Texas in failing to punish the murderers.
• Eleventh. The authorities of Texas, particularly those of San Diego, took no steps for the punishment of the murderers or to prevent the dispersion of the animals that had been abandoned in consequence of the murder of the shepherds. I have only heard that an inquest was held upon the bodies and that none of the murderers were pursued, in view of the great disorder prevailing there, which was due to the negligence of the American Government.
• Twelfth. I am interested neither directly nor indirectly in the claim presented by Mr. Lozano.

His above declaration having been read to him, he ratified it and signed, with the citizen judge, before me, the secretary. I certify.

The licentiate,

VALDEZ GOMEZ.

SANTOS MENDEZ.

Pablo Borrego, Secretary.

Monterey, August 7, 1874.

Mr. Lozano having stated that his other witnesses reside at San Francisco de Apodaca, and that they cannot come in consequence of the distance, let these questions be sent to the citizen second alcalde of said town that he may be pleased to examine such persons as may be presented to him by the said Lozano. This having been done, let him transmit the testimony to this court. The citizen district judge of Nuevo Leon so ordered, and signed before me, the secretary. I certify.

The licentiate,

VALDEZ GOMEZ.

Pablo Borrego, Secretary.

On the same day the citizen Toribio Lozano, being present, was informed of the contents of the foregoing documents, and said that he heard the same and signed. I certify.

TORIBIO LOZANO.

Borrego, Secretary.

This expediente sent to the citizen second alcalde of San Francisco de Apodaca, as above ordered.

Apodaca, August 12, 1874.

Let the witnesses who may be presented be examined in conformity with the questions presented; and, this having been done, let the testimony be transmitted to the district court of Nuevo Leon. This is ordered by me, Feliciano Treviño Garza, second constitutional alcalde of this town; and I have signed, with assisting witnesses, with whom I act in accordance with law: I certify.

FELICIANO T. GARZA.

ANTONIO DE LA GARZA Y GARZA.

HESIQUIO GARZA.

And on the same day the citizen Toribio Lozano presented the citizen Rafael Garcia as a witness, who declared under oath in due form, and in presence of the citizen Benigno Zambrano, postmaster, that he would tell the truth in answer to all questions that should be asked of him, and being questioned in the form presented by Mr. Lozano, be replied in answer to the questions:

• First. My name is as above; am married; am 32 years of age; by occupation a laborer; reside in this town.
• Second. The citizen Toribio Lozano is a Mexican by birth, a resident of Agua Fria, in this State of Nuevo Leon, and he has never changed his nationality.
• Third. In the year 186i, Mr. Lozano removed his animals to Texas for the purpose of selling them, and not being able to do so in consequence of the war of the confederates, he left them for breeding purposes at the rancho in San Diego. He employed Mexican shepherds whom he hired here among the best people, because he was obliged to leave them alone with his animals, for which reason he gave them very good pay, giving each one from fifteen to sixteen dollars per month. This he did in order to induce them to leave their country and to go and serve on foreign soil.
• Fourth. I know the rancho which belonged to Mr. Lozano at San Diego. I know that it was a valuable one, and I think it was worth about $3,000. I have worked there as a manager, and I know the value of these things in Texas.
• Fifth. In December last Mr. Lozano received news of the death of his shepherds and the loss of his animals. The fact soon became widely known because the murdered persons belonged in this place. I accompanied him, together with several other persons, to his rancho for the purpose of collecting what remained of his property.
• Sixth. In going to Texas for the purpose above referred to, we learned before we reached San Diego, that several other Mexican stock-raisers had been murdered at a neighboring place called el Haramusco; it being very generally stated that these murders had been committed by the same stock-raisers to whom was attributed the murder of the seven shepherds of Mr. Lozano. The men who accompanied Mr. Lozano were nine in number, three others following subsequently.
• Seventh. When we left Agua Fria neither Mr. Lozano nor any of those who accompanied him knew the real cause of the disaster. Mr. Lozano was of the opinion that it had been caused by Indians, because about two years before they had killed some of his shepherds and done him much damage. The facts were not learned until we reached Texas. These murders were there attributed to bands of American stock-raisers, who arm themselves in secret for the purpose of killing Mexicans, making no distinction between the innocent and the guilty. It was a matter of common report that inhabitants of Dogtown and Stone Bridge were the perpetrators of those atrocities, being led to do so by the great disorder which exists in the country districts thereabouts in consequence of the skinning of cattle in order to sell their hides, and in view of the bad faith of the authorities, it being well known that they give written permits for the purchase of hides.
• Eighth. I learned that the magistrate of San Diego left with other citizens for the purpose of reporting the outrage committed upon Mr. Lozano’s shepherds, but he returned in consequence of an incursion made by Indians in that neighborhood, during which they killed upwards of thirty persons, Mexicans and Americans. The said magistrate did not then go in pursuit of the Indians; and the bodies remained hanging and the animals dispersed for six or eight days, while the Indians were being pursued. During that time the other deaths occurred to which I refer in answering the sixth question. When the judge at San Diego undertook to investigate the crime committed by the people of Dogtown and Stone Bridge, who, according to the statement of a boy who had escaped from the second massacre, and who stated unequivocally that one person from Dogtown had been concerned in the outrage, said persons threatened him, and the magistrate left the place and did not return for several days, and when he came, accompanied by an timber, of soldiers who came for the purpose of guarding the town, but took no steps for the detection and punishment of the perpetrators of the two outrages which had just been committed.
• Ninth. Robberies have been committed for many years in Texas in a scandalous manner; stock-raisers steal cattle from each other; and there are people who have no other occupation than that of stealing cattle. The skins taken from th. animals are sold freely, and the authorities give written permits for their purchase-I have seen such permits myself. This, in the opinion of all who have any knowledge of such things, has increased the disorder. I believe that this is the reason why stock-raisers murder all whom they meet with in the country districts, on the ground of their being thieves. The authorities, for this reason, hold no investigations.
• Tenth. I am acquainted with the property which has been owned by Mr. Lozano for many years, for I have been at his stock-farm in Texas several times. I know that he has recently suffered severe losses, and I think that they may very likely be larger than he states, since he will have no young animals this year, and he lost many of his sheep and goats in removing them. I saw a good deal of this myself, because I accompanied him as far as Barretillas, where he now has the animals, which he was unable to sell in Texas, or which he did not lose. The true cause of these losses is, in my opinion, the collusion of the authorities in Texas with the criminals of that State.
• Eleventh. I have already told what the magistrate of San Diego did after the murders, and have stated that the criminals remained unpunished for their crime. An incursion of Indians took place at that time, and the abandonment of the animals for many days occasioned great losses. The authorities did nothing to prevent these losses. I have also said that the cause of this conduct is the collusion of the authorities themselves with the cattle-stealers.
• Twelfth. I am interested neither directly nor indirectly in the claim presented by Mr. Lozano.

The foregoing declaration, having been read to him, he ratified it, but did not sign, because he did not know how. I, the judge, signed, together with the citizen postmaster and attesting witnesses. I certify.

The licentiate,

FELICIANO T. GARZA.

ABRAHAN ZAMBRANO.

Antonio De La Garza Y Garza,

Hesiquio Garza,
Witnesses.

On the same day, the claimant presented as a witness the citizen Bartolome Garz a who, being solemnly sworn in the presence of the citizen postmaster, declared that he would tell the truth in reply to any questions that might be asked of him, and, being questioned in the form proposed by the citizen Toribio Lozano, he replied to the various questions as follows:

• First. My name is as aforesaid; am married; am 40 years of age; by occupation a laborer; reside in this town. There is no impediment to my testifying in this case, and I have no interest in it whatever.
• Second. The citizen Toribio Lozano, is a Mexican citizen by reason of his birth at Agua Fria, in this State of Nuevo Leon, and he has never changed his nationality as a Mexican.
• Third. In 1861 the said Lozano removed his animals to Texas for the purpose of selling them. Not succeeding in doing so, in consequence of the war with the confederates, he left them there for breeding purposes at his rancho in San Diego. He employed Mexican shepherds, hired here among the best people, because he was obliged to leave them alone with his animals, for which reason he gave them very good pay, giving each one from fifteen to sixteen dollars per month, in order to induce them to leave their country and serve on foreign soil.
• Fourth. I know a good deal about the rancho in San Diego, owned by Mr. Lozano, and I know that it was a valuable piece of property. In my opinion, its value is about $3,500 dollars. I know this, because I have seen it, and have a general knowledge of the value of such things in Texas.
• Fifth. I know that in December last he received news of the murder of his shepherds and of the loss of his animals because, the matter soon became generally known, as the persons murdered belonged in this place. Moreover, I saw him set out in company with several other persons intending to go to his rancho, and collect whatever might remain of his property, and I went afterwards to join him in Texas.
• Sixth. On going to Texas for the purpose referred to in the foregoing question, we learned, before we reached San Diego, that a butchery of Mexican stock-raisers had been perpetrated at a place called el Haramusco, very near the place where Mr. Lozano’s shepherds were hung; and it was very generally stated that these murders had been committed by the same stock-raisers of those localities, who were believed to have hung the seven shepherds of Mr. Lozano. Mr. Lozano was accompanied when he left Mexico by nine men; three other men, of whom I was one, followed subsequently. Seventh. When Mr. Lozano left Agua Fria, neither he nor those who accompanied him knew the true cause of the disaster. Mr. Lozano inclined to the belief that the outrage had been committed by Indians, because about two years before the latter had killed some of his shepherds and done him much injury. The true state of the facts was not known until Mr. Lozano arrived in Texas. The murders referred to were believed to have been committed by bands of American stock-raisers, who arm secretly for the purpose of killing Mexicans, without making any distinction between the innocent and the guilty. It was well known that parties residing in Dogtown and Stone Bridge were the perpetrators of those atrocities, they having been induced to act as they did by the great disorder which prevails thereabout in consequence of the skinning of cattle for the purpose of selling their hides, and in view of the bad faith of the authorities, who, as is well known, give written permits for the purchase of hides.
• Eighth. I learned that the magistrate of San Diego went with other citizens to report the outrage committed upon the shepherds of Mr. Lozano, but he returned in consequence of an Indian incursion in those regions, in which more than thirty persons, Mexicans and Americans, were killed. The said magistrate then went in pursuit of the Indians, and the murdered men remained hanging and the cattle remained dispersed for six or eight days, during which time the pursuit of the Indians was going on. During that time the other murders were committed to which I referred in reply to the sixth question. When the judge of San Diego prepared to hold an investigation in regard to the conduct of the people of Dogtown and Stone Bridge, who were designated by the statements of a boy, who had escaped from the second massacre, and by unequivocal indications, as the guilty parties, said persons threatened him as was said, and the magistrate left the place, not returning until several days had elapsed, when he came accompanied by a number of soldiers, who were assigned to guarding the town, but did nothing for the protection and punishment of the perpetrators of the two massacres which had so recently been committed.
• Ninth. Robberies have been carried on in Texas for many years. They are committed in a scandalous manner by stock-raisers, who rob one another, and also by persons whose sole occupation is cat tie-stealing, on account of the value of the skins, which are removed from the animals by the thieves. These hides are sold freely, and the authorities give written permits for their purchase, which I have seen. In the opinion of all who are acquainted with these matters, the disorder has increased, and it is believed that this is the reason why stock-raisers unite for the purpose of murdering all whom they meet in the country districts, on the ground of their being thieves, and the authorities for this reason held no investigations.
• Tenth. I have been acquainted with the property of Mr. Lozano for many years, having been at his rancho in Texas several times. I know that he has recently suffered severe losses in Texas, and can confidently say that they may be greater than he states, since he will now get no young animals, and has lost many animals while removing. What I did not see I heard from those who accompanied Mr. Lozano to Barretillas, where he now keeps the animals he was unable to sell in Texas or which he did not lose. The true cause of these losses is, in my opinion, the collusion of the Texan authorities with the criminals of that State.
• Eleventh. I have told what the magistrate of San Diego did after the murders, and have said that the criminals remained unpunished for their crime. The abandonment of the animals for many days occasioned serious losses, and the authorities took no steps to prevent such losses. I have also said that I believe the cause of this conduct to be the collusion of the same authorities with the cattle-stealers.
• Twelfth. I am interested neither directly nor indirectly in the claim now presented by Mr Lozano.

His foregoing declaration having been read to him he ratified, not signing, because he did not know how. I, the judge, did so, together with the citizen postmaster and assisting witnesses. I certify.

FELICIANO T. GARZA.

ABRAHAN ZAMBRANO.

Antonio be la Garza y Garza,

Hesiquio Garza,
Witnesses.

Note.—In the original expediente are likewise the depositions of the following witnesses: The citizen José Sendejo, the citizen Pablo Garza, and the citizen Hipolito Longoria, corresponding exactly with the foregoing, but which are here omitted, in order not to make this document too voluminous.

Executive Office, State of Texas,
Austin, May 8, 1874.

Sir: Your communication of February 6, giving information of the unlawful hanging of Mexican subjects by citizens of Texas, in Nueces County, and asking the means to be used to bring the guilty perpetrators of the crime to justice, came to hand a few days days ago.

Press of business, consequent upon the session of the legislature, has prevented an earlier answer to your communication. I have to say, in reply, that in the section of country where these outrages are committed, regular terms of the district court, which has original and ample jurisdiction to try and punish the offenders, are regularly held. There are sheriffs in each county, whose duty it is to arrest such offenders and bring them before the courts for trial and punishment. The executive can only act through these officers in having the laws enforced; he has no power to use other agencies.

It is a matter of regret that lawlessness prevails to a great extent in the western and border counties, and, in some degree, cannot be reached by the regular authorities, but this state of things results necessarily, in a measure, from our form of government. While it is no excuse or justification for the murderers of your countrymen, who ought to be punished, and to the extent that the power resides in the executive shall be dealt with by law, I will suggest that your “herders” and stockmen might avoid these inflictions by remaining with their stock on the west side of the Rio Grande, or, if they will come into Texas, by scrupulously respecting the rights of property, which I am informed they have not always done. I will call the attention of the proper officers of the law to the matter of which you complain and ask that they make investigation of them, and if the law has been violated that the offenders be prosecuted.

Very respectfully,

RICHARD COKE.

M. M. Morales,
Mexican Consulate, San Antonio, Texas.

[Inclosure 2.—Translation.]

Folio 13.—Documentary evidence in the case of the murdered shepherds.

District court of the State of Nuevo Leon, Monterey:

No. 52.—Deposition of witnesses solicited by the citizen Toribio Lozano, as the attorney of Mrs. Bernarda Garza and others, with regard to the murder of five Mexican citizens, committed in Texas.

August 6.

First constitutional court of San Francisco de Apodaca:

On this day have appeared before me Doña Bernarda Garza, Doña Teresa Ramones, and Doña Cayetana Lopez, stating that they are widows, the first having a family of six; the second, five; and the third, three; that they are widows of the late Mexican citizens Filomeno Rios, Jorge Rodriguez, and José Ma. Reina, who were hung in Texas on the 28th day of November, 1873; likewise Mrs. Garza, as the representative of her brother Epifaneo Rios, and Don Ramon Garza, seventy years of age, for his son Leonardo Garza, who were also hung with the persons first named, all of them having been in the service of Don Toribio Lozano, who had employed them to take care of his sheep and goats. They have declared that these numerous families are now living in a state of great poverty, having had no means of support save the labor of their husbands, and in the belief that they have an evident right to an indemnity from the American Government they desire to ask for the same, and to this effect they have requested me to assist them, as indigent personal and to authorize, in due form of law, the same citizen, Toribio Lozano, to represent them, and to claim in their name a suitable indemnity for them. Considering that the reasons stated are just, since this court is aware that the appearers were wives and relatives of the shepherds who were hung, and they have the families aforementioned, and that it is their desire that Mr. Lozano should represent them, I hereby authorize you to do so, charging you to reply hereunto for the knowledge of the parties interested.

Independence and liberty.

Apodaca, July 28, 1874.

LAZARO GUAJARDO.

H. Garza, Secretary.

To the citizen Toribio Lozano, Agua Fria.

Citizen District Judge: I, Toribio Lozano, a resident of Agua Fria, and now in this city, appear before you with due respect and state that, as is shown by the accompanying documents, I have been appointed an attorney to represent the relatives of five of my shepherds, who were murdered in Texas under such circumstances that all the responsibility falls upon the Government of the United States, from which the parties interested propose to ask a suitable indemnity. For this purpose it is necessary, in the first place, to prove the murders, and that the persons murdered were relatives of the persons whom I represent, and that they were their sole support; second, that, in their case, death, the greatest evil that can happen to a man, was due to the negligence of the Texan authorities, or to their collusion; third, that in consideration of the condition and other circumstances of the persons murdered, the proper sum to repair the evil done should be estimated at $50,000 for each one so murdered. Therefore, in the name of the aforesaid persons, whom I represent, I beg you to prepare a proper statement of the points named for me, as a poor man, on free paper, and having done so to deliver the same to me in the original, that I may appeal to the minister of foreign relations. What I ask is justice; and this I swear in due form.

Monterey, August 5, 1874.

TORIBIO LOZANO.

Presented on the 6th, at eleven o’clock a.m.

Indorsement of the court.

Monterey, August 6, 1874.

It appearing that the persons appointing the citizen Toribio Lozano to represent them are really poor, they are admitted as such, as is likewise the said Mr. Lozano, as their representative in this case, and in consequence let him ratify his foregoing statement. Let the statement requested by him be made in due form of law, and let it be returned to him if shall so elect. The citizen district judge of Nuevo Leon so ordered, and signed before me the secretary. I certify.

The licentiate,

VALDEZ GOMEZ.

Pablo Borrego, Secretary.

O.—Ratification by Attorney Lozano.

On the seventh of the same month, the citizen Toribio Lozano, being present in this court, was informed of the contents of the foregoing, and said that he heard it, requesting that the original statement, when concluded, might be delivered to him with a certified copy; and the foregoing statement having been read to him, he ratified it under oath, saying that all the facts therein contained were true, and that he had not presented this claim previously either to the Mexican or to the American Government, and he signed with the citizen judge before me the secretary. I certify.

The licentiate,

VALDEZ GOMEZ.

TORIBIO LOZANO.

Pablo Borrego, Secretary.

P—Declaration of Santos Mendez.

On the same day Toribio Lozano presented as a witness the citizen Santos Mendez, who declared under oath that he would tell the truth in reply to any questions that might be asked of him, and being questioned, he said:

My name is as above; am thirty-eight years of age; am married; am by occupation a stock-raiser; am a resident of San Francisco. There is no legal impediment to my testifying in this matter, in which I am in nowise interested.

Having been questioned according to the tenor of the foregoing document of the 28th ultimo, and of the foregoing application, which were read to him at length, he said:

I know that in November last the Mexican citizens Filomeno Rios, Jorge Rodriguez, José Ma. Reina, Epifaneo Rios, and Leonardo Garza were hung, together with two other Mexicans. All these were in the employ of the citizen Toribio Lozano. I know this because I was at the place where the crime was committed, both before and afterwards. I removed some of the ropes by which they had been suspended. These murders are due to the negligence of the Texan authorities and their complicity with the criminals, whom they do not punish, as was the case with respect to the murderers of those seven shepherds. I know that Doña Bernarda Garza is the widow of Filomeno Rios, that she has a large family, and that she was a sister-in-law of Epifaneo Rios, brother of Filomeno; that Doña Teresa Ramones is the widow of Jorge Rodriguez, and has five children; that Doña Cayetana Lopez is the widow of José Ma. Reina, and has three children; and that Don Ramon Garza, now seventy years of age, was the father of Leonardo Garza. I was perfectly well acquainted with the five persons murdered, to whom I have referred. They were very honest and industrious, and an indemnity of fifty thousand dollars for each one would not be sufficient. I know all this because I was well acquainted with the persons and their families, and because I have been in Texas.

His foregoing declaration having been read to him, be ratified and signed it, with the citizen judge, before me the secretary. I certify.

The licentiate,

VALDEZ GOMEZ.

SANTOS MEKDEZ.

Pablo Borrego, Secretary.

Monterey, August 7, 1874.

The petitioner having stated that his other witnesses reside at San Francisco de Apodaca, where he desires that they may be examined in order to avoid the expense of their journey to this capital, let this statement be sent to the citizen second alcalde of the aforesaid town, in order that he may receive the declarations of the persons who may be presented by Mr. Lozano. This having been done, let him return the whole to this court. The citizen district judge of Nuevo Leon so ordered, and signed before me the secretary. I certify.

The licentiate,

VALDEZ GOMEZ.

Pablo Borrego, Secretary.

Afterward the citizen Toribio Lozano, being present, was informed of the contents of the above, and said that he heard it and signed. I certify.

TORIBIO LOZANO.

Borrego, Secretary.

This information is transmitted to the citizen second alcalde of San Francisco, as above ordered.

Apodaca, August 15, 1874.

Let it be obeyed. Consequently the witnesses who may be presented by Don Toribio Lozano, the party interested in this case, having been examined, let their testimony be transmitted to this court, as ordered above. I, Feliciano T. Garza, second alcade, so determine, order, and sign, with assisting witnesses, according to law. I certify.

FELICIANO T. GARZA.

Hesiquio Garza,

Antonio de la Garza y Garza,
Assisting Witnesses.

R.—Declaration of Don Rafael Garcia.

On the same day, the party interested presented as a witness Don Rafael Garcia, who had declared under oath, in presence of the citizen postmaster of this city, that he would tell the truth in answer to all questions that might be asked of him, and, being questioned, he said:

My name is as above; am married; am 32 years of age; am by occupation a laborer; am a resident of this town of Agua Fria. There is no impediment to my testifying in this case, in which I am in nowise interested.

When questioned according to the tenor of the document of the 28th of last month, and of the preceding application, both of which were read to him at length, he said:

In November last the Mexican citizens Filomeno Rios, Jorge Rodriquez, José Ma. Reina, Epifaneo Rios, and Leonardo Garza were hung, together with two other Mexicans, all of them in the employ of Don Toribio Lozano, of this town of Agua Fria. This I know, because I was at the place where the crime was committed, and saw the objects where they were hung. It was a matter of public notoriety that those deaths were due to the negligence of the Texan authorities, and to their complicity with the criminals, whom they do not punish, as was the case in respect to the murderers of those seven shepherds. I know that Doña Bernarda Garza is the widow of Filomeno Rios, has a large family, and is the sister-in-law of Epifaneo Rios, brother of Filomeno; that Doña Teresa Ramones is the widow of Jorge Rodriguez, who left her with five children; that Doña Cayetana Lopez, who has five children, is the widow of José Ma. Riena; and that Don Ramon Garza, 70 years of age, was the father of Leonardo Garza. I was perfectly well acquainted with the five persons referred to who were murdered. They were very honest and industrious men; the first being 45 years of age, the second 50, the third 32, the fourth 35, and the fifth 22. I believe that $50,000 for each one would not be a sufficient indemnity for their death. I know all this because I was well acquainted with the persons and their families, and because I have-been in Texas.

His foregoing declaration having been read to him, he ratified it, not signing because he did not know how. I, the judge, signed, with assisting witnesses. I certify.

FELICIANO T. GARZA.

Abrahan Zambrano,

Hesiquio Garza,

Antonio be la Garza y Garza,
Attesting Witnesses.

The party interested next presented as a witness Don Bartolomé Garza, who, under oath, in presence of the citizen postmaster of this city, declared that he would tell the truth in reply to any questions that might be asked of him; and, being questioned, he said:

My name is as above; am married; am 40 years of age; am by occupation a laborer; am an inhabitant of this town of Agua Fria. There is no impediment to my testifying in this case.

Having been questioned in accordance with the tenor of the foregoing document of the 28th of last month, and of the application preceding, both of which documents were read to him at length, he said:

“I know that in, November last the Mexican citizens Filomeno Rios, Jorge Rodriguez, José Ma. Reina, Epifaneo Rios, and Leonardo Garza were hung, together with two other Mexicans, all of them being in the employ of Don Toribio Lozano of this town of Agua Fria This I know because I went to the place where the crime was committed after the commission of the deed, and saw the dead bodies where they were suspended. In my opinion, and according to common report, those deaths were due to the negligence of the Texan authorities and their collusion with the criminals, whom they do not punish, as has been the case with the murderers of those seven shepherds. I know also that Doña Bernarda Garza is the widow of Filomeno Rios, has a large family, and was the sister-in-law of Epifaneo Rios, brother of Filomeno; that Doña Teresa Ram ones is the widow of Jorge Rodriguez, who left her with five children; that Doña Cayetana Lopez, with three children, is the widow of José Ma. Reina, and that Don Ramon Garza, seventy years of age, was the father of Leonardo Garza. I knew perfectly well the five persons referred to who were hung. They were very honest and industrious men. The first was forty-five years of age; the second fifty; the third, thirty-two; the fourth, thirty-five; the fifth, twenty-two. I believe that $50,000 for each one would not be a sufficient indemnity for their death. I know all this because I was well acquainted with the persons and their families, and because I have been in Texas.”

His declaration having been read to him, he ratified it, not signing, because he was unable to do so. I, the judge, signed, with assisting witnesses.

I certify.

• FELICIANO T. GARZA.
• ABRAHAN ZAMBRANO.

Hesiquio Garza.

Antonio be la Garza y Garza.
Assisting Witnesses.

Declaration of José Cendejo.

The party interested next presented as a witness the citizen José Cendejo, who, under oath, in presence of the citizen postmaster, declared that he would tell the truth so far as he knew and should be questioned, and, being questioned, he said:

“My name is as above; am unmarried; am thirty years of age; am by occupation a laborer; am a resident of Agua Fria. There is no impediment to my testifying in this case, in which I have no interest whatever.”

Being questioned according to the tenor of the document of the 18th of last month, and of the application preceding, both of which documents were read to him at length, he said:

“I know that, in November of last year the Mexican citizens Filomeno Rios, Jorge Rodriguez, José Ma. Reina, Epifaneo Rios, and Leonardo Garza were hung, together with two other Mexicans, all of them in the employ of Don Toribio Lozano, of this town of Agua Fria. This I know because I have been at the place where the crime was committed and seen the dead bodies and the objects with which they were hung. It was well known that those deaths were due to negligence on the part of the Texan authorities and their complicity with the criminals, whom they do not punish, as has been the case with respect to the murderers of those seven shepherds. I likewise know that Doña Bernarda Garza is the widow of Filomeno Rips, has a large family, and was the sister-in-law of Epifaneo Rios, the brother of Filomeno; that Doña Teresa Raniones is the widow of Jorge Rodriguez, and has a family of five children; that Doña Cayetana Lopez, with three children, was the widow of José Ma. Reina, and that Don Ramon Garza, seventy years of age, was the father of Leonardo Garza. I was perfectly well acquainted with the five persons referred to who were murdered. They were very honest and industrious men. The first was forty-five years of age; the second, fifty; the third thirty-two; the fourth, thirty-five; the fifth, twenty-two. I think that $50,000 for each one would not be a sufficient indemnity for their death. I know all this because I was well acquainted with the persons and their families and because I have been in Texas.”

His foregoing deposition having been read to him, he ratified it but did not sign, on account of not knowing how to write. I, the judge, signed with assisting witnesses.

FELICIANO T. GARZA.

ABRAHAN ZAMBRANO.

Hesiquio Garza,

Antonio de la Garza y Garza,
Assisting Witnesses.

On the same day this is transmitted as ordered.

GARZA.

On the tenth of September of the same year the foregoing information was received in this court.

Monterey, September 12, 1874.

Let the present information be delivered to the citizen Toribio Lozano, as ordered on the 6th of August last; and let the copy requested by him, on the 7th day of the same month, now be delivered to him by the secretary. The citizen district judge of the State of Nuevo Leon so decreed and signed before me, the secretary. I certify.

The licentiate.

VALDEZ GOMEZ.

Pablo Borrego, Secretary.

On the 13th of the same month it is noted that the citizen Toribio Lozano, having been summoned, that he might be notified of the foregoing, the messenger sent to summon him brought word that he was absent from this town, in the interior.

On the 21st of October of the same year the citizen Toribio Lozano appeared, and having been informed of the foregoing, said that he heard it and would pay at once for the paper necessary for the copy therein referred to; and he signed before me, the secretary. I certify.

TORIBIO LOZANO.

Borrego, Secretary.

On the 27th of the same month of October the copy above provided for was delivered to the citizen Toribio Lozano, and the present information was also delivered to him. [A flourish.]

The foregoing is a copy of the original now on file in this legation.

JOSÉ T. DE CUELLAR,
Acting Secretary.

Washington, January 28, 1875.