Lazaro Guajardo to H. Garza , Secretary. To the citizen Toribio Lozano, Agua Fria, July 28, 1874

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

District court of the State of Nuevo Leon, Monterey:

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

August 6.

First constitutional court of San Francisco de Apodaca:

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

Independence and liberty.

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

Indorsement of the court.

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

The licentiate,

O.—Ratification by Attorney Lozano.

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

The licentiate,

P—Declaration of Santos Mendez.

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

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

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

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

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

The licentiate,

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

The licentiate,

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

R.—Declaration of Don Rafael Garcia.

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

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

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

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

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

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

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

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

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

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

I certify.

Declaration of José Cendejo.

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

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

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

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

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

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

The licentiate.

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

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

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

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