brought against privates in the ranger force for false imprisonment
by reason of arrests made by them prior to the promulgation of the
attorney-general's opinion advising that only the officers of the
ranger force had authority to execute criminal process under the law
(see General Orders No. 24, Exhibit P), I respectfully recommend that
an act be passed by the Legislature legalizing the official acts of the
rangers as peace officers prior to May 26, 1900.
Officers and privates have for twenty-four years been acting in good
faith under the impression that all rangers had the authority of peace
officers, and privates of the Frontier Battalion have, during that
time, received orders from higher authority to exercise the power of
peace officers.
FOOTNOTES:
[Footnote 25: This tragedy resulted in the following recommendation by
the Adjutant-General, which recommendation was duly acted upon.]
APPENDIX C
REPORT OF CAPTAIN W.J. McDONALD, COMMANDING COMPANY B, RANGER FORCE
September 1st, 1902 to August 31st, 1904
_The Adjutant-General, State of Texas_:
SIR:--I have the honor to herewith inclose a report of the operations
of Company B, Ranger Force, for the two years ending August 31, 1904:
September, 1902.--Captain McDonald, with Privates Blanton, Ryan and
Taylor, scouted to Hutchinson County, from Amarillo. Private Taylor
arrested James Newlin for assault to murder and turned him over to
Sheriff Randal. Sergeant McCauley and Private Delling were ordered to
Newlin county on a scout, and escorted a party of surveyors, who had
been run out of pastures with Winchesters, and protected them from
violence. Captain McDonald with Privates Blanton and Taylor went to
Columbus to carry Gregorio Cortez to Karnes County district court. His
life being threatened by a mob, it was necessary to secure two men
from Company C and guard the jail in which he was placed. By order of
the district judge we carried him back to Columbus and put him in jail
there. Captain McDonald arrested S. Harvard for theft of a bale of
cotton valued at $25.20 and put him in jail at Quanah.
October, 1902.--I went to Norman, O.T., to appear in cases against
horse thieves previously caught by me, for theft of horses. Accompanied
by Privates Taylor and Ryan, I went to Eagle Lake to investigate the
attempted assassination of W.T. Eldridge and to protect Mr. Eldridge
from further violence, and succeeded in finding out who did the
shooting. Privates Blanton, Warrent and Ryan scouted Oldham, Moore,
Hutchinson, Roberts, Hemphill, Wheeler, Gray and Carson counties during
the month, locating cow thieves, reported to be in that section.
Sergeant McCauley assisted Sheriff Johnson in carrying a crazy man
to the asylum at Austin, Texas. During this month, 2,600 miles were
scouted and traveled.
November, 1902.--Accompanied by Privates Ryan and Taylor, I attended
district court at Richmond, where trouble was anticipated in connection
with the attempt to assassinate Mr. Eldridge. I went to Texline and
Clayton, N.M., to investigate cattle stealing.
December, 1902.--With Privates Blanton and Kenton I took Will Carr,
who had turned State's evidence on the county clerk, cattle inspectors
and others in Hutchinson County, to Lipscomb County to district court,
where one of the cases had been transferred. By order of the Governor
of the State, Company B was ordered to Fort Hancock, on the Rio Grande,
which was made headquarters, instead of Amarillo.
January, 1903.--Private Smith scouted to Alpine, to Santiago and to
Comstock. Arrested Joe Hammon for murder and delivered him to the
sheriff at Alpine. Also arrested a man for theft.
February, 1903.--Privates Smith and Taylor arrested a man at Sanderson
for burglarizing Lockhamden ranch. He recovered the stolen property and
turned it over to the owner. He turned the burglar over to the sheriff
of the county. Sergeant McCauley and Private Ryan arrested Joe Jones,
wanted at Pecos for forgery, and turned him over to the sheriff of the
county. The money in his possession was secured and turned over to
the sheriff of the county, and the defendant sent to the penitentiary
at once. Privates Bean and Blanton scouted to Shafter and guarded the
money for the mines. I assisted the local officials of El Paso several
times during the month, and went to Mangum, O.T., as witness, and to
assist in the prosecution of Sid Woodring, Frank Woodring and others
for stealing my horses. These men were followed by me from the line of
Collingsworth County to Cleveland County, O.T., and caught with the
horses. They were sent to the penitentiary for the theft.
March, 1903.--Sergeant McCauley and Privates Bean and Blanton scouted
on two trips to Shafter and Marfa, and up the Rio Grande in search for
the notorious Bill Taylor, the train robber and murderer, and who had
broken jail on several occasions, but he escaped into Mexico. Privates
Taylor and Smith scouted to Sanderson and assisted the constable in
preventing trouble at a trial in court, where the defendant, a sheriff,
had killed the justice of the peace. Private Taylor, at the request of
the sheriff, went with him to El Paso to bring Geo. Maglovlin, who was
charged with rape, to Alpine court. He also assisted in the arrest of a
man for rape, one for horse theft, and one for murder, and put them in
jail. Many scouts were made along the river in search of cow and horse
thieves during the month.
April, 1903.--I assisted the officers and went with the sheriff of
Pecos County to locate a man, but he escaped into Mexico. Sergeant
McCauley and Private Bean arrested two men for theft of wood, and
one for theft of a horse. Sergeant McCauley assisted the sheriff in
arresting a man for threatening to take life. Privates Delling and
Ryan scouted to Valentine and assisted in following horse thieves, but
the thieves escaped into Mexico. They recovered one stolen horse and
returned it to owner. Private Smith arrested a man for assault, and
went to Sanderson to investigate the attempted burning of a hotel.
He also went to Del Rio to look after several horse-stealing cases.
Private Taylor went with Inspector Cook on a scout, looking for stolen
cattle.
May, 1903.--I assisted in bringing to justice Gil Brice, a Mexican,
charged with killing a lawyer named Tusselman several years ago, and
who had escaped at Fort Hancock while shackled. Privates Ryan and Bean
were sent to Sanderson to investigate the killing of a justice of peace
and another man. Private Taylor arrested Thos. Chappis for attempt to
murder, and succeeded in getting him in jail. Arrested R.C. McMahan for
killing of Mr. Bob Smith, a justice of the peace, and Chas. Reed for
lunacy.
June, 1903.--Private Ryan scouted down the river and to Sanderson.
Sergeant McCauley scouted with and assisted river guards. Private Bean
scouted from Sanderson in pursuit of a Mexican wanted in Tom Green
County for attempt to rape. Scouted to Sanderson and arrested Tom
Brown for killing Mr. Morris, the operator. Private Delling scouted to
Ferlingin and investigated some cattle stealing.
July, 1903.--Privates Bean and Dunaway scouted four days down the river
looking for stolen cattle. They arrested three Mexicans for shooting at
Fort Hancock. Privates Delling and Ryan scouted to Sanderson to prevent
trouble between factions, and to Fort Stockton to be present at the
examining trial of McMahan, who was charged with murder, as trouble was
expected. They also arrested a man charged with rape.
August, 1903.--Sergeant McCauley and Private Bean scouted in the
northern part of El Paso County, looking after cattle and horse
thieves. Private Dunaway arrested John McCain while he was in the act
of robbing a T. & P. caboose. Private Taylor scouted during the month.
Various other scouts were made during the month.
September, 1903.--By order of General Hulen, I took Private Dunaway
and went to Marfa to investigate an attack made on L.N. Holbert,
county attorney. Mr. Holbert had been taken from the hotel by a mob
and seriously beaten. I found who the guilty parties were, and brought
Mr. Holbert to go before the grand jury to prosecute them, but through
fear he begged off from the district attorney and wanted the matter
dropped. I made an investigation of some whitecappers, and furnished
the grand jury with evidence of same. One man was indicted. By order of
General Hulen, Sergeant McCauley and Private Dunaway went to Eagle Pass
to assist in the quarantine regulations and guarded the river until
the quarantine was raised. Accompanied by Sergeant McCauley, I went
with Deputy Sheriff Kenton to capture a man, but failed to get him out
of Mexico. Several scouts were made to Sanderson and Fort Stockton to
assist the officers. Private Bean arrested two Mexicans for carrying
pistols, and carried them to jail, by order of the justice of the
peace. Privates Delling and Ryan arrested two Mexicans for disturbing
the peace. Private Taylor went to Columbus as witness in the Cortez
case. Privates Delling and Smith went with Sheriff Walton to assist him
in his county for several days.
October, 1903.--Sergeant McCauley and Private Dunaway were still on
quarantine service at Eagle Pass. Private Dunaway arrested a Mexican
for running a night watchman from his duty, and put him in jail.
Privates Ryan and Bean arrested a man for burglarizing Finley ranch;
recovered the property stolen, and turned it over to its owner. The
man was put in jail at El Paso. Private Smith assisted the sheriff and
scouted with him over the county, and then went to Marfa and assisted
the officers there. Sergeant McCauley and Private Dunaway returned from
Eagle Pass, where they have been on duty for several months. Private
Bean scouted after outlaws during the month. Private Ryan went to Fort
Stockton to attend district court, and went to Sanderson to do some
work for the sheriff in serving some papers. Privates Taylor, Smith and
Delling carried prisoners from Fort Stockton to Marfa for safe keeping.
Privates Smith, Taylor and Delling attended district court in Del Rio.
December, 1903.--By order of General Hulen, I went to Walker County to
look after parties who waylaid and assassinated Bob James in Kittrell's
"Cut-off" on December 4th. I arrived there on the 12th, and on the
13th and 14th arrested Buck Shaw, Henry Shaw, P. Clark and Jim Alston
as being implicated in the murder, carried them to Huntsville, and had
them put in the penitentiary for safe keeping. Held a court of inquiry
before Judge Cox, a justice of the peace, every few days. On the 24th
Buck Shaw, the leader of the gang, had an examining trial, and was held
without bail. Chas. Rhoden was tried on the 29th and held without bail.
The defendants then sued out writs of habeas corpus before District
Judge Smithers. Alston was allowed bail in the sum of $1,500. Private
Delling arrived in the "Cut-off" on the 16th and has been assisting
me since in the cases. Private Delling assisted in arresting two men
for theft of cattle. Private Bean killed a negro porter at El Paso for
knocking him down with an iron poker, and was promptly acquitted in
district court at El Paso in January. Sergeant McCauley went to Marfa
to investigate some stealing there and then went to investigate the
killing of William Johnson.
January, 1904.--I, together with Private Delling, went to Corrigan and
Livingston to look after some witnesses. I went after a bad negro for
Sheriff Brooks. The negro was armed with a shot-gun, and considerable
shooting occurred. After the negro ran out he shot at me and I wounded
him in the side. Went to Huntsville to attend habeas corpus trial of
the murderers of Bob James, which resulted in holding Shaw, Rhoden and
Clark without bail. Assisted Sheriff Brooks in arresting a bad negro,
wanted for robbing. Scouted in Houston, Trinity and Walker counties
during the month, continually. Private Delling went to Polk County and
arrested four men for theft of hogs and put them in jail at Huntsville.
Sergeant McCauley arrested C. Marsden for murder. Sergeant McCauley,
Privates Ryan and Bean scouted to Love's ranch to stop an invasion of
Mexicans who were coming over after parties charged with murder on this
side.
February, 1904.--I went to Crockett after attached witness. Private
Delling arrested a man in the "Cut-off" for theft of hogs. I was
ordered to Groveton by Adjutant General Hulen for the purpose of
investigating the murder of an old lady. Touchstone, who was murdered
for her land and money and thrown out the door for the hogs to eat.
After investigation, I found that her throat had been cut and that she
had been killed outright. Assisted by Private Delling I arrested Ab
Angle, who had run off, as principal, and five others as accomplices.
These parties were indicted by the grand jury. I caught one of them
over the line of Arkansas while running away and put him in the pen
at Henderson. Private Delling arrested a man in the "Cut-off" for
horse theft, and put him in jail at Groveton. Private Dunaway arrested
a man for robbing a camp. Private Bean arrested five Mexicans for
disturbing the peace, and one man for assault to murder. Privates
Taylor and Smith attended district court at Marfa. Privates Smith and
Dunaway were ordered to Groveton to assist me in holding down the
toughs of east Texas. Private Ryan attended district court at Amarillo;
attended district court at Huntsville; assisted the sheriff in handling
prisoners. Private Delling arrested three men for shooting up the town.
He also arrested one who was charged with adultery in the "Cut-off"
and one for waylaying and shooting two men at Phelps with a shot-gun.
Private Dunaway arrested a man for carrying a pistol at Groveton, and
two men for conspiring to kill Abe Hyman, the only eyewitness to the
murder of Dr. Gary, and another man at Groveton. One of the men had
fixed a plan to make the other believe that Abe Hyman was going to
do him some violence, and succeeded in getting him to get a shot-gun
in order to kill Abe Hyman. Private Dunaway took the gun and landed
both men in jail. The accused men admitted the whole truth. One of
these men was made constable, deputy sheriff and jailer as soon as
he was released from jail. The other was run off at once, but I have
his sworn statements of the facts. Private Dunaway arrested a man for
burglary and rape and put him in jail. Private Taylor arrested a man at
Sanderson for stealing cattle. Private Taylor was ordered to report to
me at Groveton. Private Dunaway arrested a man for carrying a pistol,
put him in jail, but the sheriff released him soon after, pretending he
was an assistant of his.
April, 1904.--I carried two of the accomplices in the Touchstone
murder from Huntsville to Groveton. By order of the Adjutant General
I went to Leon County to investigate the murder of Tummins, who was
waylaid and killed. Two men were arrested at the house of the murderer
and put under $5,000 bond, but the grand jury failed to find a bill
against them. They then began shooting into houses and had the people
considerably disturbed. With Private Delling, I arrested them and held
them without bail at the examining trial and also in habeas corpus
trial. I was ordered to San Jacinto County to investigate lawlessness
there, especially wire cutting, but found some of the wire cutters
on the grand jury, and it was the opinion of the district and county
attorney that we could do no good under existing circumstances, and
nothing was accomplished there. Private Dunaway arrested a man for
assault to rape. Assisted by Privates Dunaway and Delling, I arrested
four persons charged with murder. They had previously been arrested for
being accomplices to the Touchstone murder. I arrested a man for theft
of a horse. Sergeant McCauley scouted in different counties on the Rio
Grande, and investigated the stealing of horses. I went to Waverly to
investigate the poisoning of a well and cistern, but decided it was
done by the parties themselves, in order to accuse others of it. I went
to Palestine to assist the sheriff in hanging a negro charged with
rape. Private Delling went to Leon County to investigate the murder
of Bob Blackwell, and succeeded in securing the required evidence. He
attended the examining trial of the two men charged with the murder,
who were held without bail. Privates Smith and Dunaway arrested a man
for attempting to murder A.A. Smith and put him in jail. They also
arrested the same man for carrying a pistol. Private Ryan arrested two
Mexicans for stealing sheep in El Paso County and another for stealing
wood.
June, 1904.--Private Delling and myself scouted in Kittrell's
"Cut-off," Houston and Trinity Counties. I went to Comstock; made
a scout on Devil's River, to El Paso and to Fort Hancock. Sergeant
McCauley arrested a man for embezzlement and started to jail with
him at El Paso, but he escaped by jumping out of a window while the
train was in motion. Sergeant McCauley and Private Ryan arrested two
Mexicans for theft of horses and saddles, recovered the property and
returned the same to its owners. Private Ryan attempted to arrest a
man for theft of cattle, and had a running fight with and wounded him.
He escaped across the river. Private Dunaway arrested a man and put
him in jail for carrying a pistol. Privates Delling and Smith went to
Centerville to court to prevent trouble between citizens there, when a
malicious prosecution was filed against him. Private Delling arrested a
man for carrying a pistol in the "Cut-off."
July, 1904.--Accompanied by Privates Delling and Wilcox, I went to
Oakwood to investigate train robbing of the I. & G.N. We captured two
of the men without a doubt. They were put in jail at Palestine and
identified by the conductor as the two men that came into the sleeper,
and the only two tracks that led up to where the express packages were
torn open fitted theirs. They afterwards admitted them to be their
tracks. While we made a strong case against them, the influence of the
officers and others was too strong to find any bills. I would like to
have space to add in this report the testimony taken at the examining
trial.
August, 1904.--I went to Groveton to attend court, and carried Ab
Angle before the grand jury, but he failed to testify, as he had been
persuaded not to do so. I arrested a man for being implicated in train
robbery, but he proved an alibi and was released. Private Delling went
to Centerville to district court. Sergeant McCauley recovered six
stolen horses and turned them over to the owners. He arrested four
Mexicans for theft of cattle.
Very respectfully,
W.J. MCDONALD,
Commanding Company B, Ranger Force.
Table Showing Result of Operations of the Ranger Force from September
1, 1902, to August 31, 1904.
COMMANDERS OF |Captain J. |Captain W. |Captain J.|Captain Jno.|
COMPANIES. |A. Brooks |J. McDonald|H. Rogers | R. Hughes | Totals
---------------------+-----------+-----------+----------+------------+------
Letter of company. | A | B | C | D |
Murder. | 26 | 31 | 8 | 5 | 70
Arrests Made. | | | | |
Assault to murder. | 28 | 19 | 3 | 6 | 56
Aggravated assault.| 5 | 4 | 4 | | 13
Horse, cattle and | | | | |
other theft. | 43 | 37 | | 39 | 119
Swindling, | | | | |
embezzlement and | | | | |
forgery. | 15 | 2 | 2 | 4 | 23
Robbery and | | | | |
burglary. | | 12 | 17 | 1 | 30
Mail and train | | | | |
robbery. | | 3 | 1 | | 4
Perjury. | | | 4 | 1 | 5
Rape and adultery. | | 6 | 1 | 7 | 14
Smuggling. | | | | 27 | 27
Carrying concealed | | | | |
weapons. | 17 | 23 | 10 | | 50
Seduction. | 2 | | | 1 | 3
Escaped convicts | | | | |
(captured). | 2 | | | | 2
Rioting. | | | | |
Minor offenses. | 206 | 35 | 6 | 75 | 352
Total arrests. | 44 | 172 | 86 | 166 | 768
---------------------+----------+------------+----------+------------+-------
Scouts. | 140 | 205 | 81 | 204 | 630
Attempts at arrest. | | | | |
District courts | | | | |
assisted. | 19 | 25 | 16 | 16 | 76
Number days | | | | |
quarantine guard. | | | | 224 | 224
Jail guards. | | 15 | 13 | | 28
Other assistance to | | | | |
to civil authority.| | 30 | 12 | 20 | 62
Engagements with | | | | |
criminals. | 3 | | 1 | | 4
Persons killed in | | | | |
resisting arrest. | 2 | | 1 | | 3
Wounded in | | | | |
resisting arrest. | | | | |
Escorts. | 3 | 5 | | | 8
Rangers killed in | | | | |
line of duty. | 1 | | | | 1
Rangers wounded in | | | | |
line of duty. | 1 | | | | 1
Horses and cattle | | | | |
recovered and | | | | |
returned to owners.| 362 | 28 | 21 | 168 | 579
Miles traveled in | | | | |
discharge of duty. |47,834 | 4,537 | 57,347 | 45,839 |225,557
---------------------+-----------+-----------+----------+------------+-------
APPENDIX D
REPORT OF AN INVESTIGATION MADE BY HERBERT J. BROWN, EMPLOYED BY THE
WAR DEPARTMENT IN CONJUNCTION WITH CAPTAIN W.G. BALDWIN, WITH A VIEW
OF LEARNING WHAT HAPPENED AT BROWNSVILLE, TEX., ON THE 13TH AND 14TH OF
AUGUST, 1906
WASHINGTON, _D.C._, _December 5, 1908_.
SIR: I have the honor to submit the following report relative to the
investigation of the Brownsville raid:
Ex-Private Boyd Conyers, of Company B, Twenty-fifth Infantry, now at
Monroe, Ga., told William Lawson, a detective in the employ of Captain
William G. Baldwin, of Roanoke, Va., that he and three [or four] other
men of the Twenty-fifth Infantry were the leaders in the Brownsville
raid. This information was obtained at different dates during the month
of June, 1908. (See Exhibit A.)
I submit the affidavit as presented. There are certain discrepancies
of a minor character, due to the fact that Lawson is illiterate and
had to depend on his memory for details. But it should be borne in
mind that Lawson was unacquainted with the details of the Brownsville
raid and was given information which could have come only from one
familiar with the secret history of the affair. Lawson's first report
included the names of Conyers, John Holloman, John Brown, and "another
man." Subsequently he supplied the name of James Powell, but I think
the original name given was that of Robert L. Collier, Company C, one
of the relief guard. This information was corroborated in the presence
of witnesses, but before Lawson could finish his work Conyers became
suspicious and would give no further evidence incriminating himself.
From then on he furnished to A.H. Baldwin, Captain W.G. Baldwin, and
to myself information piecemeal and reluctantly. The name of Carolina
de Saussure, his bunk mate, was the last one obtained.
Conyers tried to commit suicide after he found that he had made his
statements to a detective, declaring that the other negroes would kill
him when it got out. He finally wrote to Senator Foraker and received a
reply, a copy of which is annexed. That reply he construed to mean that
he should stick to his original story told before the Senate committee
at all hazards, and there he stands. I have every reason to believe
that his confession is genuine and gives for the first time the true
secret history of the Brownsville raid.
The list of participants given in this report Conyers furnished me
personally. I believe it is substantially correct, but with the
influences shown to be backing Conyers to adhere to his false testimony
given before the Senate committee still being exerted he cannot
be relied on to support his own confession until it is thoroughly
sustained from other sources.
Evidences of similar encouragement to stick to the lies told at
Brownsville and before the Senate committee were found in many places,
and subsequent to the date of the Foraker letter they became stronger
and more obstructive than ever.
The investigation has been conducted with strict recognition of the
advisability of preserving secrecy, and with discretion. No promises of
immunity were made. The knowledge on the part of the ex-soldiers that
the Government could not punish them after their separation from the
service, coupled with the belief that by preserving silence they would
aid in the passage of the relief legislation now pending in Congress,
has added to the difficulty of securing information.
The issue has evidently become racial. The colored detectives would be
confronted frequently in the smaller towns where these men are living
with a demand from colored men for information as to their business.