Papers Relating to the Foreign Relations of the United States, Transmitted to Congress, With the Annual Message of the President, December 3, 1889
Mr. Wharton to Mr. Ryan.
Washington, July 8, 1889.
Sir: I herewith inclose a copy of a letter from his excellency the governor of Texas, of the 24th ultimo, and one from Mr. J. A. Ware, of the 20th ultimo, transmitting affidavits in favor of the claim of Shad-rack White, deputy sheriff of Maverick County, Texas. Mr. White, while in the discharge of his official duties, was fired upon and severely wounded by a party of Mexican soldiers, who under a false pretense of crossing the river to purchase horses, were in the act of kidnapping a deserter from the Mexican army named Atanacio Luis. Mr. White claims damages in the sum of $50,000.
The circumstances in connection with this affair occurred March 3, 1888, and in an instruction to your immediate predecessor of March 22, 1888, No. 15, you will find the previous narration of the facts. In that instruction you will observe that it was expressed with reference to Mr. White, that “a suitable indemnity should be awarded the deputy sheriff, who was wounded in the discharge of his duty.” This new evidence is sent as supplementary to that instruction, and you will after familiarizing yourself with the previous history of the claim, suitably present it to the Mexican Government.
I am, etc.,
Mr. Ware to Mr. Blaine.
June 20, 1889.
Sir: In behalf of Shadrack White, a citizen of Maverick County, Texas, and late deputy sheriff of said county, I invoke the aid of the United States Government through your Department for the recovery of $50,000, retributive compensation and castigatory damage for injuries, insults, and outrages inflicted upon him March 3, A. D. 1888, in the town of Eagle Pass, Texas, by an organized detachment of Mexican soldiers, under the command of their officer, all the details and circumstances of which are fully set out in the accompanying affidavits of respectable and credible witnesses, respectable citizens of Eagle Pass, Texas, and Piedras Negras, Mexico. This detachment, as shown by the testimony, had crossed the Rio Grande under permit extended by Dillon, inspector of customs, at the request of Captain Muños, commandant of the Mexican forces at Piedras Negras, under a false pretext, but really to perpetrate an act in defiance of the law, in contempt of the sovereignty and in violation of the right of sanctuary, and the injuries sustained by White were in discharge of his duty, attempt to suppress the outrage and arrest the offenders, and it is respectfully submitted that insult and outraged feelings are as much a subject of compensation in damages as the permanent injuries to his body received by the sufferer.
I also respectfully submit that this is as much a subject of demand and exaction of retributive compensation, as had one of their cruisers entered a defenseless American port and bombarded the town and destroyed its business houses and dwellings and slain its inhabitants, though not expressly ordered so to do by its Government.
We submit this claim to your action with the abiding confidence that your Department will give it early attention, and by the result assure our much suffering people that our Government is not insensible to a wrong perpetrated, or that it is in their power to redress, and teach our neighbors that they can not perpetrate them with impunity.
Respectfully, your obedient servant,
Affidavit of Atanacio Luis.
The State of Texas, County of Maverick:
On this day personally appeared before the undersigned authority Atanacio Luis, who being duly sworn deposes and says: My name is Atanacio Luis; I am a citizen of Mexico, but am at present living in Eagle Pass, Maverick County, Texas. On Sunday morning, February 26, A. D. 1888, I was a soldier of the Mexican army, stationed at Piedras Negras, Mexico. I had been a soldier in the Mexican army for about ten months. About noon on the day last aforesaid I deserted said army, and came across the Rio Grande River to the town of Eagle Pass, Texas. The clothes that I was wearing that day belonged to the Mexican Government. When I reached the Mexican bank of the river, I stripped them off and came across the river naked, and brought nothing with me. I took nothing from the barracks except the clothes on my back, which I left on the Mexican bank. On reaching this side of the river some persons kindly gave me some clothing, and on the following Tuesday I went to work for Frank Fox, in the town of Eagle Pass, Texas. On the Saturday of March 3, A. D. 1888, I was working for Fox in said town, where they are now erecting a new freight depot between the present freight depot and the passenger depot. At about 11 a. m. on said 3d day of March, A. D. 1888, Miguel Cabrero, a lieutenant of the Mexican army, Poliaorpe Garcia, a sergeant of the Mexican army, José Maria Castellano, a corporal of the Mexican army, and Pedro Ochoa, a private soldier of said army, all from Piedras Negras, Mexico, and of the same company from which I had deserted on the said 26th day of February, A. D. 1888, and all to me well known, having known them all for about ten months, rode up to where I was at work as aforesaid.
They were all on horseback and came up at the same time, two of them coming up on my right hand and two on my left hand. When they rode up, they at once began to abuse me, and they beat me with their six-shooters, and to escape them I ran under the building upon which I was at work; the sergeant and corporal then got off their horses, and crawled under after me and dragged me out, still beating me with their six-shooters, and told me that they were going to take me to the other side [Page 593] or the river, and ordered me to mount up behind said Pedro Ochoa. Then the corporal said to Pedro Ochoa to hand him his rope which he had on his saddle, and one end of which was fastened to the pommel of Ochoa’s saddle. The sergeant and corporal then tried to tie the other end of the rope around my waist, but I resisted all I could, and called to other men who were at work near the place to assist me, but as the soldiers had pistols in their hands, none of the men would come; during all this time they were beating me with their pistols, and the corporal pricked me several times with a knife, and the lieutenant told him several times to cut off my ears. I struggled and resisted, and the corporal asked the lieutenant if he should shoot me, hut the lieutenant told him no. About that time Shad White came up and asked them what they were doing, and told them to leave me alone. The lieutenant asked him who he was that he should command them, and he told them that he was an officer and would have to arrest them, hut lieutenant and Ochoa covered him with their revolvers, and after exchanging a few words with them Shad White left. I did not then know who Shad White was, but I have since seen him, and recognized him as the man who came up as aforesaid. After White left, the corporal asked the lieutenant if they should put me up behind Ochoa, but the lieutenant told them that they had better leave me. They then all remounted and rode off, leaving me almost insensible and covered with blood. I have never seen them since. I am about twenty-one years old, and have never committed an offense in Mexico, and was not charged with any when I left that I know of, and do not know of any reason why the said soldiers of the Mexican army were trying to make me return to Mexico, except that I had deserted from the Mexican army. The name of the captain of the company from which I deserted is Francisco Muños.
County Attorney, Maverick County.
Affidavit of Frank H. Dillon.
State of Texas, County of Maveriek:
I, Frank H. Dillon, a resident of the town of Eagle Pass, State of Texas, being duly sworn on my said oath, do depose and say that I am an inspector of customs at the port of Eagle Pass, and on the morning of the 3d day of March, 1888, I was on duty at the ferry across the Rio Grande, between Eagle Pass, Texas, and Piedras Negras, in the Republic of Mexico. About 11 a. m., Capt. Francisco Muños, of the Mexican army, whom I had been informed was the commandant of the post and the forces of the Mexican army stationed in Piedras Negras, and as such commandant applied to me for permission for four of his soldiers to pass on horseback to this side for the purpose of looking at some horses in Eagle Pass which they wished to buy. I gave him the permission and he then waved his hand to the four men who were at this time standing on the Mexican bank of the river, signaling and shouting for them to come on. The four men then crossed to this side on horseback in the ferry-boat, and as they were passing the guard-house I heard one of them ask a bystander the road to Las Moras. Upon hearing this I told them to stop, as the captain had permission only for them to cross to Eagle Pass and return to Piedras Negras in an hour; and I told them they would have to get a permit from the collector of customs before proceeding any farther. One of the four men, whom I know as Lieutenant Cabrera, then said he would consult the captain about the matter. He then rode down to the skiffs and talked to Captain Muños for about five minutes. The lieutenant then returned to the guard-house, where the other three men were waiting, and said to me, “It is the captain’s orders that we shall not start till to-morrow, but if you will permit us, we will ride up to the custom-house now and get out the necessary permit, so that we earn start in the morning. We shall return inside of half an hour.” I gave him the permission to go to the custom-house, and the lieutenant, accompanied by the three men, rode off in that direction. I then saw Captain Muños get into a skiff and go back to the other side. All of the above-mentioned men were dressed in plain citizens’ [Page 594] clothes; the lieutenant was mounted upon a fine sorrel horse; the other three men rode two bay horses and a dun. A very short time, not over half an hour afterward, I saw the lieutenant and two of these men running their horses back over the river at the ford which is at the foot of Main street. After the lieutenant reached the edge of the water on the Mexican bank of the river I saw him wheel his horse and fire three or four shots with a pistol back at the people on this side. When I first accosted the men at the guard-house they referred me to the lieutenant who was in charge, and upon my telling the lieutenant that he would have to get a permit, he referred the matter to the captain, whom he consulted about it.
Sworn to and subscribed before me, a justice of the peace in and for Maverick County, and ex officio notary public, this the 23d day of March, A. D. 1888.
Justice of the Peace.
Affidavit of Juan Gonzales.
State of Texas, County of Maverick:
I, Juan Gonzales, being duly sworn on my oath, depose and say that I am a resident of Piedras Negras, Mexico, and am employed at the landing of the ferries between Eagle Pass and Piedras Negras as collector of fares on American side. On Saturday, the 3d day of March, 1888, I was so occupied, and saw Captain Muños and his detachment of four men pass to this side of the river and heard the conversation between Mr. Dillon and Lieutenant Cabrera, as detailed by Mr. Dillon, and saw Lieutenant Cabrera go to the river bank and recall Captain Muños from the Mexican side of the river and consult him before going up into the town with his detachment, and immediately after the interview started for the town. When they first crossed the river the sergeant asked for the road to Las Moras (Fort Clark). The party was composed of Captain Muños, of the Mexican army, Lieutenant Cabrera, a sergeant, and two soldiers; I personally knew the captain, lieutenant, and sergeant. I did not hear the conversation between the captain and lieutenant nor the instructions given him.
Witness:
Sworn to and subscribed before me, a justice of the peace in and for Maverick County, and ex officio notary public, this the 23d day of March, A. D. 1888.
Justice of the Peace.
Affidavit of Philip Steward.
The State of Texas, County of Maverick:
I, Philip Steward, a resident citizen of Maverick County, Texas, being duly sworn, on my oath declare and say that on the 3d day of March, A. D. 1888, about 11 a. m., I was in the vicinity of the railroad freight depot at Eagle Pass, Texas, where a new railroad building is being erected; I saw two Mexicans approaching on horseback in a run, and in a minute I heard one call to the other in Spanish, “He is under there,” pointing to the platform of the new depot; “bring him out.” I went to the front then and saw a Mexican sitting under the platform, and one of the two men crawling under with a pistol in his hand to bring him out. He seized the man who had taken refuge there and who was resisting his efforts to bring him out, and the assailant commenced beating him over the head. I called to Mr. Farrow; he did not hear me; and I went to his room near by and told him what was occurring and returned; two other Mexicans on horseback were there and had dragged the Mexican out, and were beating him with their pistols and were endeavoring to force him to their horses and endeavoring to tie him; in this they failed and beat him unmercifully and kicked him While this was going on Mr. Shad White, the deputy sheriff, came up. The lieutenant, who seemed to be charge, asked Mr. White “what he wanted there,” ill Spanish, [Page 595] and presented his pistol at him. White told him he was in arrest. He replied he did not respect him and did not come there to he arrested. White did not seem to be armed and turned away and went off towards town. Immediately afterwards William R. Cooke, the sheriff, drove up in a buggy. Mr. Cooke said something to them which I did not hear, and Cooke drove off to the depot, and I went off to endeavor to procure a gun to assist the sheriff. The parties mounted their horses and rode off towards the river. I had seen the lieutenant before; the only military garb he wore on this occasion was a military vest.
Sworn to and subscribed before me, a justice of the peace in and for Maverick County, and ex officio notary public, this the 23d day of March, A. D. 1888.
Justice of the Peace.
Affidavit of Ferdinand Rouby.
The State of Texas, County of Maverick:
I, Ferdinand Rouby, being duly sworn, on my oath depose and say that I am an employé of the railroad at the Eagle Pass, Texas; that about 11 a. m. of March 3d, 1888, while at the depot in Eagle Pass, Texas, I saw the four Mexicans on horseback at the new building with six-shooters in their hands; they were holding a Mexican laborer, in the building. I was told by George Farrow to jump in a buggy standing there and go for the sheriff. I found Cooke, the sheriff, at the court-house, a few hundred yards distant, and returned with him immediately to the scene of the trouble. When we reached the party, on our return, one of the party was beating the man over the head with a six-shooter; the man was begging for help and endeavoring to seize the buggy. The lieutenant, mounted on a large sorrel horse, wearing a broad Mexican hat, seemed to be in command; with his six-shooter in his hand, asked Sheriff Cooke what we wanted there. Cooke ordered me to drive the office to see if we could get arms. We could not procure any arms at the office, and I went to Colonel Gibbs for a pistol, and as I returned saw the Mexicans riding away towards the river. These Mexicans were all Mexican soldiers.
[seal.]
Justice of the Peace.
Affidavit of George W. Farrow.
The State of Texas, County of Maverick:
I, George Farrow, being duly sworn, on my oath depose and say, that I am a resident of Eagle Pass, Texas, and that my occupation is with the railroad at the depot at Eagle Pass. On the morning of Saturday, March 3, A. D. 1888, I was at the depot, and in the freight depot, when information was brought me about 11 a. m. that four men were beating a man at the new building being erected at the depot, and I proceeded at once to the place indicated. I saw four men, two on horseback and two on foot, their horses near by; all had pistols in their hands. The two on foot had hold of a Mexican man and were beating over the head with their six-shooters and jumping on him with their feet. The man was unarmed, helpless, and unresisting, and calling aloud for help and trying to get away. The four men were endeavoring to get a rope around him to tie him. The party appeared to be under the command of a thick-set, dark-looking Mexican, mounted on a fine sorrel horse, wearing a Mexican, dark-colored hat, and giving orders; and once I heard him tell the men to let him go and he would shoot him. The party were all Mexicans. While this was going on, I sent Fernando Rouby in a buggy to the court-house for the sheriff. While he was gone, Shad White, the deputy sheriff, rode up to them and raised his hand and ordered them to desist, announcing that he was a peace officer. The lieutenant and the other mounted man immediately presented their pistols at Shad White and told him they did not come here to be arrested, and they would take that man or die—or words to that effect—and ordered him to leave. Shad White went off, and about [Page 596] the time Cooke, the sheriff, came up in the buggy and the prisoner seized the buggy and begged for protection. Cooke jumped out of the buggy, ran to me, about 15 paces off, and asked me for arms. I told him he could procure them at the depot and he and I and others ran to the passenger depot to get arms. We only procured one shot-gun, and as we emerged from the house the Mexicans sprang on their horses and fled for the river Cooke, the sheriff, sprang on Mr. Mecke’s horse and galloped to his house to procure a gun.
Sworn and subscribed before me, a justice of the peace in and for Maverick County, and ex officio notary public, this the 23d day of March, A. D. 1888.
Justice of the Peace.
Affidavit of W. N. Cooke.
The State of Texas, County of Maverick:
W. N. Cooke, being duly sworn before the undersigned authority, deposes and says: My name is William N. Cooke; I am a resident citizen of Maverick County, State of Texas, and am sheriff and tax collector for said county, and have held and performed the duties of said office for about eighteen months. On the 3d day of March, A. D. 1888, I was at my office in the town of Eagle Pass when some parties told me that I was needed down at the depot in the town of Eagle Pass. I immediately called for my deputy and getting in a buggy drove to the depot. Before reaching the depot I saw my deputy, Shad White, who had preceded me, ride up to where some Mexican men were; they seemed to be fighting or doing something of the kind. Two of the Mexican men were mounted and two on the ground. The two Mexican men on the ground were beating another Mexican and appeared to be trying to tie him with a rope. The two men on horseback immediately drew their pistols on Shad White, and I, being unarmed, drove by them and proceeded on to the passenger depot to secure arms, and when I returned Shad White was gone, and the four Mexican men all mounted were riding off. I immediately got on a horse which I found near by, and going by my house and securing a Winchester rifle, followed closely after the retreating Mexicans, who were riding towards the river Rio Grande. Before catching up with them and before reaching the river, I noticed my deputy, Shad White, riding ahead of me. My deputy overtook the Mexican men at the intersection of Main street and the street running parallel with the river and about 50 yards therefrom. At this point a fight took place between my deputy and the Mexican men, he killing one horse and making other shots, but because of my position I was unable to see with what effect. I then coming up within shooting range shot at the Mexican whose horse had been killed and who was running toward the river. I then dismounted and followed the Mexicans to the river, tiring at the three on horseback and the one on foot; when I reached the river bank the three on horseback had reached the opposite bank and the one on foot was swimming towards the other side. I several times called to my deputy, Shad White, to call on the Mexican men to halt, which they did not do. I have seen the Mexican man who the four Mexicans were beating at the depot since the 3d day of March and recognized him as the same Mexican who was afterwards treated by Dr. Lane for wounds received at the hands of the said Mexicans. The four said Mexicans were dressed as Mexican citizens, but I recognized their horses as belonging to the Mexican army stationed at Piedras Negras, Mexico.
[seal.]
Affidavit of Shadrack White.
The State of Texas, County of Maverick:
I, Shadrack White, commonly called and known as “Shad White,” a resident citizen of Maverick County, Texas, being duly sworn, on my said oath depose and say, that on the 3d day of March, A. D. 1888, I was deputy sheriff of said county and [Page 597] William N. Cooke was sheriff. That about 11 a. m. of said day I was in front of the Maverick Hotel, on the main street of Eagle Pass, the county seat of Maverick County, when I was notified by Fernando Dolch that “there was some parties from the other side of the river [meaning from Mexico] at the freight depot endeavoring to carry a man to the other side, and were beating him up mightily.” The freight depot was at the eastern terminus of Main street and about 400 yards from the Maverick Hotel. To the west, Main street terminated at the Rio Grande River, distant from the hotel 650 yards. The court-house is on Main street, 250 yards west of the depot. I had not seen the parties pass up Main street from the river to the depot, and was afterwards informed that after crossing the river and conversing with Captain Muños, their commander, at the custom-house station at the river, they had divided, two approaching the depot by Garrison street, the next street parallel with Main street on the south, and the other two passing up Ford street the next street parallel with Main street on the north, and on emerging from these streets, at their eastern terminus, had reunited at the new building at the depot, at the terminus of Main street, where the deserter, Atanacio Luis, was at work, showing the design of the expedition. I immediately mounted Dolch’s horse and galloped to the new freight depot. When I reached there I discovered four Mexicans, two mounted and two dismounted. At the distance of 100 yards before reaching the spot I had seen one of the mounted men, who I afterwards learned was Lieutenant Miguel Cabrera, of the Mexican army, strike some one in the crowd a violent blow with his pistol. At that distance I could not see upon whom the blow was inflicted. They were about 15 feet from the northwest corner of the new building. On reaching the spot I saw one of the dismounted men in front of Atanacio Luis [whom I did not then know], who was seated on the ground holding his hands, and the other behind him with a rope trying to tie him. The two mounted men were standing by giving orders. On reaching the spot the prisoner was struggling and calling loudly for help. I called to them, “Hold up, what are you doing?” This in Spanish, which I understand and speak well, As I spoke they paused, and the lieutenant turned and pointed his pistol at me and asked “What the hell I wanted there?” I told him “I was an officer and would have to arrest them all.” He made some reply which I can not now recall, and I told him that “if they wished to take that man they would have to take him by law.” The lieutenant replied, “Chingado la ley” [equivalent to “damn the law”]; “they intended to take that man or die right there.” I told them it was not necessary for any one to die, and turned off and rode back to the jail and procured my Winchester rifle, jail and courthouse being in the same inclosure, and started back on foot. At about half way I was signaled that the parties had started back in the direction of Ford street. I turned back toward the court-house, met Fernando Dolch and obtained his horse again, and I ran down Main street to intercept them, knowing they could not cross the river at the foot of Ford street, nor anywhere above there. When I reached the corner one square east of Commercial street, I saw one of them come into Main street from Commercial street from the direction of Ford street and turn down Main street toward the river and disappear over the brow of the hill at the corner of Main and Commercial. This was the same man who had seemed to be in command at the depot, who had challenged me at the depot, was mounted on a large sorrel horse, and I afterwards learned to be Lieutenant Cabrera. I pursued him to the corner of Ryan street under the hill, he pursuing his flight to the river. On reaching that spot he was about 35 yards ahead of me and about 60 yards from the river. I called to him once or twice to halt. Without checking his speed he threw himself back in his saddle, threw his pistol back and fired at me. I returned the fire from my carbine. My attention was at that moment attracted to my right, and the other three were within a very short distance of me on Ryan street coming at full speed, riding in single file with 8 or 10 feet intervals. I whirled to front them, and think I called to them to halt. Of this I am not certain, as matters were too urgent for exchange of courtesies. My gun was not loaded, but I presented and snapped it at the leader; he fired and missed. I rapidly threw a cartridge in my gun, and as he passed me I fired and dropped his horse. The second man fired at me as he passed me, and shot me through the right hand, depriving me of its full use for life. I shot at him after he passed me 6 or 8 yards. I was not then paying much attention to those still on horseback, as the man whose horse was killed had gotten up and was firing at me from a distance of a few feet. He ran back by me, firing as he went. The third man in passing me fired and wounded me in left wrist, not severely, but setting fire to my clothing and badly powder-burning my flesh; both wounds were badly powder-burned. I then pursued the dismounted man, who succeeded in eluding me among the hovels and making his escape to the river, and as I have learned since was. killed in crossing by others who had come to my assistance. From my injuries I had lost control of my horse, and had to throw down my gun and throw myself from him and could take no farther steps for their arrest. I recognized these four men as the same men I had seen maltreating Atanacio Luis at the depot a few moments before. In addition, I wish to state that Main street in Eagle Pass is the principal thoroughfare [Page 598] in the town, and that both Ford and Garrison streets are comparatively retired and unthronged, and that during my entire interview with the Mexican officer and his soldiers at the depot while they were so brutally maltreating Luis, the Mexican, both the lieutenant and his mounted subordinate kept me covered by their cocked pistols.
Sworn to and subscribed before me, a justice of the peace in and for Maverick County, and ex officio notary public, this 23d day of March, A. D. 1888.
Justice of the Peace.
Affidavit of Walter Whittle.
The State of Texas, County of Maverick:
I, Walter Whittle, a resident citizen of Maverick County, Texas, and by present occupation a live-stock agent, being duly sworn, on my said oath depose and say, that on the 3d day of March, 1888, I was standing at Joseph’s store, at the intersection of Commercial street and Main street, in Eagle Pass, Texas, when I saw four Mexicans approaching very rapidly in a gallop to the corner along Commercial street, one mounted on a sorrel horse, one on a dun, the man on the sorrel riding in front. On reaching the corner they turned down the hill towards the river; they passed so rapidly that I could not examine them critically, but as they turned down the hill I could see that they carried six-shooters in their hands. By the time they reached the foot of the hill I perceived Shad White, the deputy sheriff of Maverick County, to me well known, approaching along Main street from the direction of the courthouse and railroad depot on horseback and carrying a Winchester rifle, proceeding down the hill in the direction taken by the Mexicans. The circumstance had attracted the attention of the whole population in sight or hearing, and aroused suddenly a great deal of excitement. As White rapidly passed I called to him, “Look out, Shad, there are four of them!” I ran to the brink of the hill. When I reached where I could see all that was going on below the hill, the lieutenant on the sorrel horse was proceeding directly to the river, and the three men had turned to the right at the first corner below the hill, and had run along that street parallel with the river. White passed that corner a short distance calling to the lieutenant “to stop.” At the second or third call the lieutenant, without halting or changing his course, threw his arm behind and fired his pistol at White. White returned the shot with his Winchester. At the time of the firing White and the lieutenant were about 40 yards apart. About this time the three soldiers, not having been able to reach the river by the route they had taken, returned to the main street, and at the corner encountered White within a few yards of where he had been when exchanging shots with the lieutenant, who had in the meantime reached the river. White endeavored to halt the men, calling upon them to stop. The man on the dun horse being in advance, when close up to White fired at White with his six-shooter. White returned the shot, killing the horse, which fell under him. The man sprang to his feet and fired again at White and fled back in the direction from which he was coming, passing very close to White. The other two passed by White, fleeing in the direction taken by the lieutenant, firing at White as they passed him. I could not see which shots took effect on him, but from where I was, and the closeness of the parties, expected to find that all had taken effect. White pursued the dismounted man until he eluded him among the houses and reached the river. I went down to where White was. He had dropped his gun and thrown himself from his horse, being no longer able to manage him. The horse was taken charge of by Herman Klemann, and I accompanied White to the drug store, and his wounds were there dressed by Dr. A. H. Evans. He was slightly wounded in the wrist of the left hand, flesh powder-burned, and the sleeve was burning when I reached him. He was also severely wounded in the right hand and wrist, and this wound was also badly powder-burned. I could not see whether any of the Mexicans were hurt, as they went off. As far as I could judge this all occurred about 11 or 11.30 a. m.; have no exact note of the time.
Sworn to and subscribed before me, a justice of the peace in and for Maverick County, and ex-officio notary public, this the 23d day of March, A. D. 1888.
Justice of the Peace.
Affidavit of S. S. Bedal.
The State of Texas, County of Maverick:
I, S. S. Bedal, a resident citizen of Maverick County, Texas, being duly sworn, on my said oath depose and say, that I am a physician and surgeon by profession, and have been for several years in active practice of my profession in Eagle Pass, Texas.
On Saturday, March 3, A. D. 1888, I was called professionally to visit Shad White, deputy sheriff of Maverick County, at his house in Eagle Pass, about noon. I found him suffering from a gun-shot wound of the right hand, inflicted by a missile of small caliber. Wound of entrance was the inner side of the middle finger just below the knuckle joint, passing through the finger just beneath the first phalange, and through the ring finger beneath the first phalange and entered the metacarpal articulation of the little finger, fracturing the metacarpal bone, and finding exit on the outer aspect of the hand. The wound was badly powder-burned. The flexor tendons of the middle and ring finger were severed. In my opinion the wound will result in permanent disability; that is, the utility of the hand will be impaired in strength and movement. The wound had been temporarily dressed when I first saw it.
The lower left arm was blistered and powder-burned severely, probably by a firearm at very close range. From this there will be no permanent disability.
Sworn to and subscribed before me, a justice of the peace in and for Maverick County, and ex-officio notary public, this the 23d of March, A. D. 1888.
Affidavit of A. R. Evans.
The State of Texas, County of Maverick:
I, A. H. Evans, a resident physician of Eagle Pass, Texas, being duly sworn, on my said oath depose and say, that on the 3d day of March, A. D., 1888, I was at the drug store of E. H. Cooper, at the corner of Commercial and Main streets, when, about 11.30 a. m., Shad White, accompanied by Walter Whittle and about 14 or 15 others, came into me for treatment. Upon examination I found that he had received a gun-shot wound of right hand, the ball passing through the flesh on palmer surface of second finger about middle of third phalange [proximo], passing through ring finger in same way, but nearer the metacarpal phalangeal articulation, and passing in in a straight direction, striking the metacarpo-phalangeal of articulation little finger, dislocating said articulation and breaking the metacarpal bone of little finger just behind the head of said metacarpal bone, and said ball making its exit at said point. The hand was badly powder-burned. The above gun-shot wound will permanently cripple and deprive him of good use of his hand. The left hand was slightly wounded, and also powder-burned.
Sworn to and subscribed before me this the 22d day of March, A. D., 1888.
Justice of the peace in and for Maverick County and ex-officio notary public.
Affidavit of R. K. Lane.
The State of Texas, County of Maverick:
I, R. N. Lane, a resident citizen of the town of Eagle Pass, Maverick County, Texas, being duly sworn, on my said oath depose and say, that I am a physician and surgeon in active practice; that on March 3d, 1888, as such, I was called to dress the wounds of one Atanacio Luis, a Mexican laborer in the employ of Frank Fox; he was brought to my office by the sheriff between 11 a. m. and 12 m. I found upon his head five contused wounds inflicted by some blunt or heavy instrument; they cut through the surface of the scalp and down to the bone; three of the wounds were 1½ to 2 inches long; the other two were equally deep but not so long, all of these wounds requiring [Page 600] to be sutured; be bad evidently lost a great deal of blood and was quite faint, and did faint while I was dressing his wounds; his condition was such as to seriously suggest to me great danger of inflammation of the brain from concussion.
[seal.]
Notary Public.
Mr. Ross to Mr. Blaine.
Austin, June 24, 1889.
Mr. Secretary: I have the honor to inclose herewith affidavits,* etc., in support of claim of Shadrack White, for damages against the Republic of Mexico.
Some correspondence has already passed between myself and your predecessor on this subject, a minute of which you will doubtless find in the archives of your office.
I am, respectfully,
Governor of Texas.