No. 775.
Mr. Bayard
to Mr. Bragg.
Department
of State,
Washington, March 22,
1888.
No. 15.]
Sir: It is with great regret that I find myself
called upon to invite the attention of the Mexican Government to recent
occurrences at Eagle Pass, in the State of Texas, of which you have
doubtless been already apprised through the public prints, and which, it
appears, arose from the efforts of a party of Mexican soldiers to kidnap a
deserter from the Mexiean army.
The affairs took place on Saturday, March 3, and on Sunday, March 4,
telegraphic instructions were sent to Mr. Allen, the consul of the United
States at Piedras Negras, to obtain full legal evidence of the facts to the
end that a calm and exact account might enable this Government to determine
upon the proper course to be pursued. Mr. Allen has, in accordance with
these instructions, forwarded to this Department the depositions of several
eye-witnesses, and a perusal of their depositions leaves little room for
doubt as to what actually took place.
It appears that one Atanacio Luis, a private soldier of the Mexican army,
stationed at Piedras Negras, deserted on February 26, 1888, and crossed the
Rio Grande into the United States by wading or swimming. Two days
afterwards, on Wednesday, February 28, he secured employment with Frank Fox,
a contractor and builder at Eagle Pass; and at the time of the occurrence in
question was at work for Mr. Fox in Eagle Pass, at a new freight depot in
process of erection. This building is situated about half a mile from the
river, the middle of which forms the boundary line between the United States
and Mexico.
On Saturday morning, March 3, Captain Francisco Muñoz, an officer of the
Mexican army, and, as it would seem, the captain of the company of which
Luis, the deserter, was a member, crossed the Rio Grande alone and requested
Mr. Dillon, the United States inspector of customs stationed at the ferry at
Eagle Pass, to permit four of his soldiers to cross over from Mexico for the
purpose of looking at some horses they wanted to buy, promising that they
would return within an hour. Mr. Dillon granted the request. Captain Munoz
then waved his hand to four men who were waiting on the Mexican side and
they crossed over at once in the ferry-boat.
These men were Miguel Cabrera, a lieutenant of the Mexican army; Policarpo
Garcia, a sergeant; José Maria Castellanos, a corporal; and Pedro Ochoa, a
private soldier, all of whom belonged to the same company as Luis, the
deserter. Lieutenant Cabrera was riding his own horse and the other three
were riding troop horses belonging to the Mexican
[Page 1177]
army. All four were in citizen’s clothes and
apparently unarmed, but, as was later proved, were carrying concealed
weapons.
After a conversation between Captain Muñoz and Lieutenant Cabrera at the
river bank, which was not overheard by any of the deponents, the lieutenant
and his three men rode off in the direction of the customhouse, saying they
were going to get the collector’s permission for a more extended visit on
the next day; and Captain Muñoz seems to have returned by the ferry-boat to
the Mexican side of the river.
Instead of going to the custom-house Lieutenant Cabrera and his men rode
directly to the new freight depot, where, as already stated, Luis was at
work. They at once rode up to him and ordered him to mount behind Ochoa (the
private soldier), and on his refusing, Sergeant Garcia and Corporal
Castellanos dismounted and attempted to beat Luis into compliance, and to
bind him with a rope, saying they were determined to carry him to the other
side of the Bio Grande. One Fernando Dolch, who appears to have witnessed
this scene, rode off and informed Deputy Sheriff Shadrick White, who at once
mounted Dolch’s horse and hastened to the depot. There he found the
lieutenant and Pedro Ochoa on horseback holding the horses of the other two
men, who were in the act of binding Luis with ropes. Luis was resisting and
cried out to Mr. White for aid Mr. White recognizing Lieutenant Cabrera,
whom he had seen in Piedras Negras, asked what they were doing. The
lieutenant, with an oath, asked what he wanted, and Mr. White replied that
he was an officer, that they were violating the law, and he must arrest
them, and if they wanted the man they must take him according to law. The
lieutenant exclaimed in Spanish, “Damn your laws; we are going to take this
man or all of us will die in the attempt and he and Ochoa pointed their
pistols at White, who was wholly unarmed. Mr. White thereupon turned his
horse and rode quickly to the jail, about a quarter of a mile distant, to
get a gun, and returned with it to the depot.
In the mean time the lieutenant had told his men to mount and leave Luis,
which they did and rode away towards the river. Mr. White, finding they had
departed, pursued them and intercepted the party at the intersection of Main
and Ryan streets, Eagle Pass, a point almost on the bank of the river. Mr.
White called out to them to stop, and in reply the lieutenant fired his
pistol at Mr. White, who returned the tire.
The other three men thereupon fired their pistols at Mr. White at very close
range, wounding him in the right hand and left arm. The horse of Sergeant
Garcia was killed in the affray, and, as White deposes, two of the Mexican
soldiers were wounded. The three Mexicans who were still mounted plunged
their horses into the river and escaped to the Mexican shore. Sergeant
Garcia, however, attempting to wade across, sank in the river just before
reaching the middle of the stream and was drowned.
Mr. Allen, the consul at Piedras Negras, informs the Department that the
sergeant’s body has since been recovered from the river, and that he was
found to have been shot in the leg and head.
An examination of the depositions, copies of which are inclosed, leaves no
doubt in my mind that the relation I have thus briefly given presents an
accurate statement of events. The several witnesses testify only to facts
which came under their individual observation, and all the depositions were
taken immediately after the occurrences to which they relate.
It appears evident that the officers of the Mexican army who were concerned
in this affair deliberately planned the kidnapping of the man
[Page 1178]
Luis. Under a false pretense of
crossing the river to purchase horses, they contrived to bring an armed
force within the territory of the United States for the purpose of arresting
a deserter from the army, which purpose must have been known to them to be
absolutely illegal. The boundary they crossed was not an imaginary line, but
a considererable and well-known river. They were met at the frontier by an
officer of the customs service, and they entrapped him into granting a
friendly permission to visit the United States upon a peaceful and harmless
errand. While in the act of attempting to secure their prisoner, they were
met by a duly constituted officer of the law, who warned them of the
illegality of their actions, but they replied with oaths and threatened him
with violence. On his attempting to arrest them they resisted arrest with
fire-arms and wounded him severely. For this violation of territory, so
coolly planned and so boldly executed, no ex-cuse seems possible; and I am
confident that the Mexican Government, with the candor which should always
characterize a great and powerful nation, and which it has already exhibited
in the unfortunate affairs at Nogales, will not hesitate to make voluntary
and ample reparation.
I am informed that the military authorities of Mexico have already taken
active steps to investigate the acts of their subordinates and they will
doubtless have forwarded a full report of their inquiry. You will therefore
lose no time in calling upon the minister of foreign relations, and after
laying before him the facts in the case as they appear from the evidence
furnished to this Department, you will urge upon him the importance, in the
interests of both nations, of affording to the United States such reparation
as is justly due in a case so flagrant and so devoid of extenuating
circumstances. In so doing you may properly recall the fact that the Mexican
Government were prepared to punish with what seemed to me undue severity the
recent violation of our territory at Nogales, in which case the offending
officers crossed an imaginary line at night, and under circumstances which
led me to believe that there was an entire absence of unlawful intent; and
that in the present instance the offense is far more serious, as an
unmistakable boundary was crossed in broad day, under circumstances plainly
indicative of lawless deliberation and premeditation.
The Government of the United States is therefore justly entitled to a prompt
disavowal by the Mexican Government of the acts of its subordinates, and a
suitable indemnity should be awarded the deputy sheriff who was wounded in
the discharge of his duty. You may read this instruction to the minister,
and, if desired by him, you may leave a copy with him, together with copies
of the accompanying depositions.
I am, etc.,
[Inclosure 1 in No. 15.]
Deposition of Juan Gonzalez.
United
States Consulate,
Piedras Negras,
Mexico.
Personally appeared before me Juan Gonzalez, who, being sworn, deposes as
follows:
I am employed as collector by the ferry company plying between Piedras
Negras, Mexico, and Eagle Pass, Texas, and stationed on the American
side of the Rio Grande. While engaged in the discharge of my duties on
the morning of the third (3rd) of March, 1888, I saw Captain Francisco
Muñoz, of Piedras Negras, in conversation with
[Page 1179]
the inspector of customs for the United States at
the guard-house on the American side of the river, and subsequently saw
Lieutenant Cabrera and three men join the said captain.
Given under my hand this 6th day of March,
1888.
Juan his × mark. Gonzalez.
Witness:
Henry Whittle.
Sworn to and subscribed to before me this sixth day of March.
[
seal.]
W. G. Allen,
U. S.
Consul.
[Inclosure 2 in No. 15.]
Deposition of F. H. Dillon.
United
States Consulate,
Piedras Negras,
Mexico.
Personally appeared before me Frank H. Dillon, who, being sworn, deposes
as follows:
I am a citizen of the United States, residing at Eagle Pass, Texas, and
employed as inspector of United States customs at the port of Eagle
Pass, district of Saluria. On Saturday, March 3rd, 1888, I was stationed
at the ferry landing, my duty being to examine all merchandise, baggage,
animals, and vehicles coming over the ferry from Mexico. About eleven
o’clock on that morning, Captain Francisco Muñoz, who is personally
known to me, came to me and asked my permission for four of his soldiers
to cross over from Mexico on their horses, for the purpose of looking at
some horses they wanted to buy, and to return inside of an hour. I gave
him permission. He then waved his hand to four men who were waiting on
the other side, and they crossed over in the ferry-boat. Victor Flores
was the ferryman who brought them over, and Juan L. Mecke crossed over
in the ferry-boat with them. Captain Muñoz in the mean time had walked
down to meet them. As two of them were passing the guardhouse, one of
them, speaking in Mexican, accosted Juan Gonzalez, who was standing
near, and asked him the way to Las Moras, a town in the interior of
Texas, about thirty-five miles distant. Upon hearing this, I immediately
told the two men to halt there, and called to the other two, who were
passing some distance off to come up to the guard-house. I recognized
one of these last two to come up as Lieutenant Miguel Cabrera, who is to
me well known, and to the best of my belief is the lieutenant of the
company of Mexican cavalry now stationed at Piedras Negras, Mexico.
Speaking to him, I said, “Lieutenant, if you or any of your men are going
to Las Moras, you must get a permit from the collector of customs.
Captain Muñoz only obtained permission from me for you to come into
Eagle Pass and return inside of an hour.”
Lieutenant Cabrera then went to the skiff-landing, a few yards off, where
Captain Munoz was still standing, saying he would see the captain about
it. I told the lieutenant, as he was leaving, that the captain himself
had better go to the customhouse and get the permit, as he was known
there. The lieutenant and Captain Munoz stood talking sometime, and
Lieutenant Cabrera returned and said to me that Captain Munoz thought
they had better go up to the custom-house and get their papers now and
then start on their trip the next morning. He said if I would let them
ride to the custom-house they would be back in a few minutes. They then
started off as though going to the custom-house. Lieutenant Cabrera and
the three men were all dressed in plain citizen’s clothes, and had no
arms in sight. The three men with the lieutenant are unknown to me of my
own knowledge.
About half an hour later I heard two shots, followed by several more, and
I saw Lieutenant Cabrera running his horse into the river at the ford
about 300 yards above the guard-house, where I was standing. He was
followed at some little distance by two of his men, also running their
horses. As soon as Lieutenant Cabrera reached the Mexican bank of the
river, or at least the edge of the water, he wheeled his horse and fired
back with his pistol either three or four shots at the people on this
bank.
Frank H.
Dillon.
Sworn and subscribed to before me this sixth day of March,
1888.
[seal.]
W. G. Allen
,
United States Consul.
[Page 1180]
[Inclosure 3 in No. 15.]
Affidavit of Shadrick White.
The State of Texas, Maverick County, ss:
Before me, F. V. Blesse, a notary public in and for Maverick County,
Texas, on this day personally appeared Shadrick White, who, being by me
duly sworn, deposes and says that on March 3rd, 1888, he was a deputy
sheriff of said Maverick County; that on said 3rd day of March, 1888, in
the town of Eagle Pass, in the county and State aforesaid, affiant was
informed by Fernando Dolch that some parties were out at the railroad
depot trying to take a man across the river (Rio Grande); that they were
men from over the river; said Fernando Dolch urged affiant to go out and
stop them, as they were beating the man severely; that he (affiant) took
the horse said Dolch was riding and rode out to the depot, a distance of
about 400 yards; that when affiant reached the freight depot he saw four
men, two of whom were tying another man with ropes; that the man whom
they were tying or attempting to tie was resisting all he could, and as
soon as he saw affiant called to him, saying in the Spanish language, in
substance, “For God’s sake don’t let them take me to the other side”
(meaning to the other side of the Rio Grande); that two of the men were
sitting on their horses holding the horses of the two who were tying the
man; that just before affiant reached them he (affiant) saw one of the
men on horseback, and whom he recognized as an officer of the Mexican
army in Piedras Negras, Mexico, strike the man they were tying, on the
head, with a large pistol; that as affiant rode up he spoke to them and
asked what they were doing; that the man on horseback, whom the affiant
had recognized as an officer in the Mexican army, said to affiant in
Spanish, in substance, “What in the hell do you want hero?” that affiant
answered that he was an officer and that they were violating the laws,
and that he must arrest them; that if they wanted the man they must take
him according to law; that the two men on horseback then covered affiant
with their pistols, which they already had in their hands, and the one
whom affiant had recognized as the officer said to affiant in the
Spanish language, in substance, “Damn your laws; we are going to take
this man or all of us will die in the attempt;” that affiant then turned
his horse and rode quickly to the jail (a distance of about 300 yards)
to get his gun; that affiant got his gun quickly and started back to
where he had left the men, but he saw they had left, and parties
motioned to affiant indicating to him that the parties had gone around
by a back street in the direction of the Rio Grande River; that affiant
then ran his horse quickly down Main street, about 800 yards toward the
river, and intercepted three of the men at the intersection of Main and
Ryan streets, which is almost on the bank of the Rio Grande; that the
fourth man (the officer) had already passed this crossing and was about
40 yards ahead of affiant; that affiant called to him to stop, but that
he fired at affiant, and affiant returned the fire; that just ac this
moment the other three men ran down Ryan street on affiant, with their
pistols drawn, and at once opened fire on affiant, and he returned the
fire, and several shots were exchanged at very close range, resulting in
affiant’s being shot through the right hand and in the left arm, and in
the wounding of two of the men and the killing of one of their horses;
that three of the men plunged their horses into the river and made their
way to Mexico; that the man whose horse affiant had killed, affiant is
informed and believes, attempted to swim the river, but was drowned from
his having been wounded or otherwise; that affiant has since seen the
man said parties were trying to kidnap, and said man tells affiant that
he is a deserter from the Mexican army, and that his name is Atanacio
Luis.
Sworn to and subscribed before me, at
Eagle Pass, Texas, this 6th day of March, A.
D.1888.
[
seal.]
F.
V. Blesse,
Notary Public for Maverick
County, Texas.
[Inclosure 4 in No. 15.]
Affidavit of Atanacio Luis.
The State of Texas, Maverick County:
Before me, F. V. Blesse, a notary public in and for the county and State
aforesaid, on this daj personally appeared Atanacio Luis, who being by
me duly sworn deposes and says that he is a native of Mexico; that he is
about twenty-one years of age;
[Page 1181]
that on Sunday, February 26th, A. D. 1888, affiant was a private
soldier of the Mexican army stationed at Piedras Negras, Mexico, and had
been in such army for a period of about ten months prior to said date;
that on said 26th day of February, A. D. 1888, affiant about noon of
said day obtained permission from his lieutenant, Miguel Cabrera, to go
to dinner; that affiant, instead of going to his dinner, at once
deserted said army and came across the Rio Grande River to Eagle Pass,
Texas; that affiant waded the river in an entirely nude condition,
bringing nothing whatever with him; that on Tuesday, February 28, 1888,
affiant secured employment with Frank Fox, a contractor and builder in
Eagle Pass, Texas, and that on Saturday, the 3d day of March, 1888,
affiant was at work for said Frank Fox in the town of Eagle Pass, Texas,
at the new freight depot in process of erection; that others were also
at work on said building; that at about eleven o’clock a.m., of said 3d
day of March, 1888, and while affiant was so at work:, Miguel Cabrera, a
lieutenant of the Mexican army, Policarpo Garcia, a sergeant of the
Mexican army, José Maria Castellanos, a corporal, and Pedro Ochoa, a
soldier of the Mexican army, came to where affiant was at work and tried
to forcibly take affiant back to Piedras Negras, Mexico, against his
(affiant’s) will; that they came to affiant on horseback, two on one
side and two on the other, and at once told affiant to mount up behind
said Pedro Ochoa, but affiant refused; that thereupon said Policarpo
Garcia and José Maria Castellanos then got down from their horses and
began to beat affiant with their pistols and to punch him with a knife;
that affiant then crawled under the platform of the freight depot on
which he was at work, but they crawled under and brought him out; that
they then attempted to tie affiant with a rope, and told him they were
bound to carry him to the other side of the Rio Grande; that affiant
fought and resisted them with all his might until Shadrick White, a
deputy sheriff, came and affiant called to him not to allow them to take
him; that the said Miguel Cabrera cursed White and told him that he
(Cabrera) did not respect him, and that they were going to take affiant
or all die on the spot; that said Miguel Cabrera and Pedro Ochoa threw
their pistols down on Shadrick. White and he left; that Jose” Maria
Castellanos then asked the lieutenant whether they should put affiant up
behind Ochoa or whether they should leave, and the lieutenant told them
to mount their horses and leave, which they all did at once, going round
a back street in the direction of the Rio Grande, and leaving me lying
on the ground badly beaten and bruised and covered with blood; that
affiant knows all of said men well and has known them and been in
thetsame company with them in the Mexican army for about ten months next
preceding the 26th day of February A. D. 1888; that affiant and Pedro
Ochoa came together from San Luis Potosi, Mexico, with the army; that
all of said parties were dressed in citizen’s clothes on said 3rd day of
March, A. D. 1888, and that they all rode horses belonging to the army
and the Mexican Government except the said Miguel Cabrera, lieutenant,
who rode his own individual horse, which he always rides; that the
clothes that affiant had on the day he deserted the army were the only
articles he brought away from the barracks; that he left these on the
Mexican bank of the river and he has since learned that the Mexican
soldiers took them back to the barracks; that affiant had committed no
offence in Mexico before leaving and that the said Lieutenant Miguel
Cabrera and his said party could not have possibly wanted affiant,
except for the offense of desertion.
Atanacio (his × mark) Luis.
Witness:
Dan. W. Nicholson.
Sworn and subscribed to by making his mark
in the presence of D. W. Nicholson in the town of Eagle
Pass, Texas, this 6th day of March, 1888.
[
seal.]
F.
V. Blesse,
Notary Public for Maverick
Co., Texas.
[Inclosure 5 in No. 15.]
Affidavit of Messrs. Sulzbacher, Henderson, and
Ladner.
The State of Texas, Maverick County:
On this day personally appeared before me, F. V. Blesse, a notary public
in and for the county and State aforesaid, Nat. Sulzbacher, Frank W.
Henderson, and A. J. Ladner, to me well known, who, being by me duly
sworn upon their oaths, depose and say: We were standing on the bank of
the Rio Grande River, at Eagle Pass, Texas, on the 3d day of March, A.
D. 1888, when a Mexican soldier was shot in the river by officers from
this side, and we each saw the man when he sank; and we each ay that
said man was on the American side of the middle of the river when he
sank; that he had just reached the current and was almost to the middle;
that only his
[Page 1182]
head was
exposed at the time, and we think he was in an upright position,
tiptoeing on the bottom.
- Nat. Sulzbacher.
- Frank W. Henderson.
- A. J. Ladner.
Sworn and subscribed to before me this 14th day of March, 1888, A.
D.
[
seal.]
F. V. Blesse,
Notary Public for
Maverick Co., Texas.
[Inclosure 6 in No. 15.]
Affidavit of Dr. R. N. Lane.
The State of Texas, Maverick County:
Before me, F. W. Blesse, a notary public in and for Maverick County,
Texas, on this day personally appeared Dr. R. N. Lane, to me well known,
who being by me duly sworn deposes and says: my name is R. N. Lane; I
live in Eagle Pass, Texas; I am a practising physician and surgeon. On
Saturday, March 3, 1888, Dan Musgrove, a deputy sheriff of Maverick
County, brought to my office, at about noon on said day, a Mexican, who
stated to me that his name was Atanacio Luis, and he and Musgrove both
told me that he was the man who had just been beaten up by Mexican
soldiers from the Piedras Negras, Mexico. I have since seen him several
times and he has been identified as the man who was beaten by Mexican
soldiers who made an attempt to kidnap him and take him to Mexico. Said
Atanacio Luis was suffering on said 3rd day of March, 1888, from four
deep contused wounds on his head, which were freshly inflicted and still
bleeding. Two of said wounds were at least two inches long, and all
penetrating to the skull bone; all of the wounds required to be sutured;
he also showed me a wound on his arm which also appeared to be a
contused wound, but not very serious.
The wounds on the head had the appearance of having been inflicted with a
heavy blunt instrument, and said Atanacio Luis told me at the time that
they had been inflicted by said Mexican soldiers striking him on the
head with large pistols that morning.
Sworn and subscribed to before me this 14th day of March, 1888.
[
seal.]
F. V. Blesse,
Notary Public for
Maverick County, Texas.
