Valdez Gomez to Pablo Borrego , Secretary, August 6, 1874

Presented with the accompanying documents and account. Let him ratify the statements which he makes; let the steps which are requested be taken; and let the original be returned certified for such purposes as may be necessary. The citizen district judge of Nuevo Leon has thus ordered and signed before me, the secretary. I certify.

The licentiate,

On the seventh of the same month, the citizen Toribio Lozano being present in this court, the foregoing document was read to him, and he said that he heard it, and the petition and account presented by him having been read to him, he stated under oath that he ratified all the statements therein made, and declared that he had not presented this claim either to the Mexican or to the American government, and he signed with the citizen judge before me, the secretary. I certify.

The licentiate,

On the same day the aforesaid Toribio Lozano presented the citizen Santos Mendez as a witness, who declared under oath that he would tell the truth in answer to any question that might be asked of him, and being questioned in the form presented by the citizen Toribio Lozano, he replied as follows:

• First. My name is as above; am married; a stock-raiser; am a resident of San Francisco; am thirty-eight years of age. There is no legal obstacle to my testifying in this matter; am in no way interested in Mr. Lozano’s claim.
• Second. The citizen Toribio Lozano is a Mexican, and a resident of Aguafria, in the State of Nuevo Leon.
• Third. The aforesaid Mr. Lozano had been for twelve years an owner and breeder of sheep and goats in Texas. The people employed by him were always Mexicans, and were very honest. He always gave them good pay; this I know to be a fact, because I lived several years in Texas, engaged in raising cattle near the rancho owned by Mr. Lozano.
• Fourth. I have a perfect knowledge of the rancho owned by the aforesaid Mr. Lolano, in San Diego. It was worth about $3,000.
• Fifth. I know that Mr. Lozano received news by telegraph at Aguafria of the murder of his shepherds, because I was there at the time.
• Sixth. I accompanied Mr. Lozano to Texas; there we learned the particulars of the murder of the shepherds and of three other Mexicans.
• Seventh. It was well known in Texas that armed hands of American stock-raisers of Dogtown and Stonebridge were the persons who committed those horrible murders, because in consequence of the great disorder and lack of security there existing there are thieves in that neighborhood who skin cattle, and because the authorities do not take care as they should to bring the offenders to justice.
• Eighth. It was well known that the magistrate of San Diego had knowledge of those atrocities, and that he left the town through fear of the bandits, returning accompanied by soldiers, who came to guard the town in consequence of the great disorder there prevailing, and the lack of protection from the American Government.
• Ninth. These disorders and murders are to be attributed to the killing of cattle, the hides of which are freely sold by permission of the authorities, thus causing the murder of innocent, honest, and industrious persons, as were the shepherds of Mr. Lozano.
• Tenth. From my knowledge of the affairs of Mr. Lozano I have no doubt that said Lozano lost much more than the eighteen thousand and odd dollars which appear in the account presented by him. The said loss is due, I think, to negligence on the part of the authorities of Texas in failing to punish the murderers.
• Eleventh. The authorities of Texas, particularly those of San Diego, took no steps for the punishment of the murderers or to prevent the dispersion of the animals that had been abandoned in consequence of the murder of the shepherds. I have only heard that an inquest was held upon the bodies and that none of the murderers were pursued, in view of the great disorder prevailing there, which was due to the negligence of the American Government.
• Twelfth. I am interested neither directly nor indirectly in the claim presented by Mr. Lozano.

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

The licentiate,

Mr. Lozano having stated that his other witnesses reside at San Francisco de Apodaca, and that they cannot come in consequence of the distance, let these questions be sent to the citizen second alcalde of said town that he may be pleased to examine such persons as may be presented to him by the said Lozano. This having been done, let him transmit the testimony to this court. The citizen district judge of Nuevo Leon so ordered, and signed before me, the secretary. I certify.

The licentiate,

On the same day the citizen Toribio Lozano, being present, was informed of the contents of the foregoing documents, and said that he heard the same and signed. I certify.

This expediente sent to the citizen second alcalde of San Francisco de Apodaca, as above ordered.

Let the witnesses who may be presented be examined in conformity with the questions presented; and, this having been done, let the testimony be transmitted to the district court of Nuevo Leon. This is ordered by me, Feliciano Treviño Garza, second constitutional alcalde of this town; and I have signed, with assisting witnesses, with whom I act in accordance with law: I certify.

And on the same day the citizen Toribio Lozano presented the citizen Rafael Garcia as a witness, who declared under oath in due form, and in presence of the citizen Benigno Zambrano, postmaster, that he would tell the truth in answer to all questions that should be asked of him, and being questioned in the form presented by Mr. Lozano, be replied in answer to the questions:

• First. My name is as above; am married; am 32 years of age; by occupation a laborer; reside in this town.
• Second. The citizen Toribio Lozano is a Mexican by birth, a resident of Agua Fria, in this State of Nuevo Leon, and he has never changed his nationality.
• Third. In the year 186i, Mr. Lozano removed his animals to Texas for the purpose of selling them, and not being able to do so in consequence of the war of the confederates, he left them for breeding purposes at the rancho in San Diego. He employed Mexican shepherds whom he hired here among the best people, because he was obliged to leave them alone with his animals, for which reason he gave them very good pay, giving each one from fifteen to sixteen dollars per month. This he did in order to induce them to leave their country and to go and serve on foreign soil.
• Fourth. I know the rancho which belonged to Mr. Lozano at San Diego. I know that it was a valuable one, and I think it was worth about $3,000. I have worked there as a manager, and I know the value of these things in Texas.
• Fifth. In December last Mr. Lozano received news of the death of his shepherds and the loss of his animals. The fact soon became widely known because the murdered persons belonged in this place. I accompanied him, together with several other persons, to his rancho for the purpose of collecting what remained of his property.
• Sixth. In going to Texas for the purpose above referred to, we learned before we reached San Diego, that several other Mexican stock-raisers had been murdered at a neighboring place called el Haramusco; it being very generally stated that these murders had been committed by the same stock-raisers to whom was attributed the murder of the seven shepherds of Mr. Lozano. The men who accompanied Mr. Lozano were nine in number, three others following subsequently.
• Seventh. When we left Agua Fria neither Mr. Lozano nor any of those who accompanied him knew the real cause of the disaster. Mr. Lozano was of the opinion that it had been caused by Indians, because about two years before they had killed some of his shepherds and done him much damage. The facts were not learned until we reached Texas. These murders were there attributed to bands of American stock-raisers, who arm themselves in secret for the purpose of killing Mexicans, making no distinction between the innocent and the guilty. It was a matter of common report that inhabitants of Dogtown and Stone Bridge were the perpetrators of those atrocities, being led to do so by the great disorder which exists in the country districts thereabouts in consequence of the skinning of cattle in order to sell their hides, and in view of the bad faith of the authorities, it being well known that they give written permits for the purchase of hides.
• Eighth. I learned that the magistrate of San Diego left with other citizens for the purpose of reporting the outrage committed upon Mr. Lozano’s shepherds, but he returned in consequence of an incursion made by Indians in that neighborhood, during which they killed upwards of thirty persons, Mexicans and Americans. The said magistrate did not then go in pursuit of the Indians; and the bodies remained hanging and the animals dispersed for six or eight days, while the Indians were being pursued. During that time the other deaths occurred to which I refer in answering the sixth question. When the judge at San Diego undertook to investigate the crime committed by the people of Dogtown and Stone Bridge, who, according to the statement of a boy who had escaped from the second massacre, and who stated unequivocally that one person from Dogtown had been concerned in the outrage, said persons threatened him, and the magistrate left the place and did not return for several days, and when he came, accompanied by an timber, of soldiers who came for the purpose of guarding the town, but took no steps for the detection and punishment of the perpetrators of the two outrages which had just been committed.
• Ninth. Robberies have been committed for many years in Texas in a scandalous manner; stock-raisers steal cattle from each other; and there are people who have no other occupation than that of stealing cattle. The skins taken from th. animals are sold freely, and the authorities give written permits for their purchase-I have seen such permits myself. This, in the opinion of all who have any knowledge of such things, has increased the disorder. I believe that this is the reason why stock-raisers murder all whom they meet with in the country districts, on the ground of their being thieves. The authorities, for this reason, hold no investigations.
• Tenth. I am acquainted with the property which has been owned by Mr. Lozano for many years, for I have been at his stock-farm in Texas several times. I know that he has recently suffered severe losses, and I think that they may very likely be larger than he states, since he will have no young animals this year, and he lost many of his sheep and goats in removing them. I saw a good deal of this myself, because I accompanied him as far as Barretillas, where he now has the animals, which he was unable to sell in Texas, or which he did not lose. The true cause of these losses is, in my opinion, the collusion of the authorities in Texas with the criminals of that State.
• Eleventh. I have already told what the magistrate of San Diego did after the murders, and have stated that the criminals remained unpunished for their crime. An incursion of Indians took place at that time, and the abandonment of the animals for many days occasioned great losses. The authorities did nothing to prevent these losses. I have also said that the cause of this conduct is the collusion of the authorities themselves with the cattle-stealers.
• Twelfth. I am interested neither directly nor indirectly in the claim presented by Mr. Lozano.

The foregoing declaration, having been read to him, he ratified it, but did not sign, because he did not know how. I, the judge, signed, together with the citizen postmaster and attesting witnesses. I certify.

The licentiate,

On the same day, the claimant presented as a witness the citizen Bartolome Garz a who, being solemnly sworn in the presence of the citizen postmaster, declared that he would tell the truth in reply to any questions that might be asked of him, and, being questioned in the form proposed by the citizen Toribio Lozano, he replied to the various questions as follows:

• First. My name is as aforesaid; am married; am 40 years of age; by occupation a laborer; reside in this town. There is no impediment to my testifying in this case, and I have no interest in it whatever.
• Second. The citizen Toribio Lozano, is a Mexican citizen by reason of his birth at Agua Fria, in this State of Nuevo Leon, and he has never changed his nationality as a Mexican.
• Third. In 1861 the said Lozano removed his animals to Texas for the purpose of selling them. Not succeeding in doing so, in consequence of the war with the confederates, he left them there for breeding purposes at his rancho in San Diego. He employed Mexican shepherds, hired here among the best people, because he was obliged to leave them alone with his animals, for which reason he gave them very good pay, giving each one from fifteen to sixteen dollars per month, in order to induce them to leave their country and serve on foreign soil.
• Fourth. I know a good deal about the rancho in San Diego, owned by Mr. Lozano, and I know that it was a valuable piece of property. In my opinion, its value is about $3,500 dollars. I know this, because I have seen it, and have a general knowledge of the value of such things in Texas.
• Fifth. I know that in December last he received news of the murder of his shepherds and of the loss of his animals because, the matter soon became generally known, as the persons murdered belonged in this place. Moreover, I saw him set out in company with several other persons intending to go to his rancho, and collect whatever might remain of his property, and I went afterwards to join him in Texas.
• Sixth. On going to Texas for the purpose referred to in the foregoing question, we learned, before we reached San Diego, that a butchery of Mexican stock-raisers had been perpetrated at a place called el Haramusco, very near the place where Mr. Lozano’s shepherds were hung; and it was very generally stated that these murders had been committed by the same stock-raisers of those localities, who were believed to have hung the seven shepherds of Mr. Lozano. Mr. Lozano was accompanied when he left Mexico by nine men; three other men, of whom I was one, followed subsequently. Seventh. When Mr. Lozano left Agua Fria, neither he nor those who accompanied him knew the true cause of the disaster. Mr. Lozano inclined to the belief that the outrage had been committed by Indians, because about two years before the latter had killed some of his shepherds and done him much injury. The true state of the facts was not known until Mr. Lozano arrived in Texas. The murders referred to were believed to have been committed by bands of American stock-raisers, who arm secretly for the purpose of killing Mexicans, without making any distinction between the innocent and the guilty. It was well known that parties residing in Dogtown and Stone Bridge were the perpetrators of those atrocities, they having been induced to act as they did by the great disorder which prevails thereabout in consequence of the skinning of cattle for the purpose of selling their hides, and in view of the bad faith of the authorities, who, as is well known, give written permits for the purchase of hides.
• Eighth. I learned that the magistrate of San Diego went with other citizens to report the outrage committed upon the shepherds of Mr. Lozano, but he returned in consequence of an Indian incursion in those regions, in which more than thirty persons, Mexicans and Americans, were killed. The said magistrate then went in pursuit of the Indians, and the murdered men remained hanging and the cattle remained dispersed for six or eight days, during which time the pursuit of the Indians was going on. During that time the other murders were committed to which I referred in reply to the sixth question. When the judge of San Diego prepared to hold an investigation in regard to the conduct of the people of Dogtown and Stone Bridge, who were designated by the statements of a boy, who had escaped from the second massacre, and by unequivocal indications, as the guilty parties, said persons threatened him as was said, and the magistrate left the place, not returning until several days had elapsed, when he came accompanied by a number of soldiers, who were assigned to guarding the town, but did nothing for the protection and punishment of the perpetrators of the two massacres which had so recently been committed.
• Ninth. Robberies have been carried on in Texas for many years. They are committed in a scandalous manner by stock-raisers, who rob one another, and also by persons whose sole occupation is cat tie-stealing, on account of the value of the skins, which are removed from the animals by the thieves. These hides are sold freely, and the authorities give written permits for their purchase, which I have seen. In the opinion of all who are acquainted with these matters, the disorder has increased, and it is believed that this is the reason why stock-raisers unite for the purpose of murdering all whom they meet in the country districts, on the ground of their being thieves, and the authorities for this reason held no investigations.
• Tenth. I have been acquainted with the property of Mr. Lozano for many years, having been at his rancho in Texas several times. I know that he has recently suffered severe losses in Texas, and can confidently say that they may be greater than he states, since he will now get no young animals, and has lost many animals while removing. What I did not see I heard from those who accompanied Mr. Lozano to Barretillas, where he now keeps the animals he was unable to sell in Texas or which he did not lose. The true cause of these losses is, in my opinion, the collusion of the Texan authorities with the criminals of that State.
• Eleventh. I have told what the magistrate of San Diego did after the murders, and have said that the criminals remained unpunished for their crime. The abandonment of the animals for many days occasioned serious losses, and the authorities took no steps to prevent such losses. I have also said that I believe the cause of this conduct to be the collusion of the same authorities with the cattle-stealers.
• Twelfth. I am interested neither directly nor indirectly in the claim now presented by Mr Lozano.

His foregoing declaration having been read to him he ratified, not signing, because he did not know how. I, the judge, did so, together with the citizen postmaster and assisting witnesses. I certify.

Sir: Your communication of February 6, giving information of the unlawful hanging of Mexican subjects by citizens of Texas, in Nueces County, and asking the means to be used to bring the guilty perpetrators of the crime to justice, came to hand a few days days ago.

Press of business, consequent upon the session of the legislature, has prevented an earlier answer to your communication. I have to say, in reply, that in the section of country where these outrages are committed, regular terms of the district court, which has original and ample jurisdiction to try and punish the offenders, are regularly held. There are sheriffs in each county, whose duty it is to arrest such offenders and bring them before the courts for trial and punishment. The executive can only act through these officers in having the laws enforced; he has no power to use other agencies.

It is a matter of regret that lawlessness prevails to a great extent in the western and border counties, and, in some degree, cannot be reached by the regular authorities, but this state of things results necessarily, in a measure, from our form of government. While it is no excuse or justification for the murderers of your countrymen, who ought to be punished, and to the extent that the power resides in the executive shall be dealt with by law, I will suggest that your “herders” and stockmen might avoid these inflictions by remaining with their stock on the west side of the Rio Grande, or, if they will come into Texas, by scrupulously respecting the rights of property, which I am informed they have not always done. I will call the attention of the proper officers of the law to the matter of which you complain and ask that they make investigation of them, and if the law has been violated that the offenders be prosecuted.

Very respectfully,