In view of the fact that a number of criminal suits have been

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.

Captain Bill McDonald, Texas Ranger: A Story of Frontier Reform · 第 22 / 25 段