No. 454.
Mr. Mariscal to Mr. Fish.

[Translation.]

Mr. Secretary: By the sworn statements, of which I have the honor to transmit copies with the present note, it will be seen that there are strong grounds for believing that Mateo Robles and Gabriel Leyva, citizens of Mexico, were assassinated in the territory of the United States, near the Rio Bravo, (i. e. Rio Grande,) these two murders being among the frightful number of crimes which have been committed with impunity in Texas, against Mexicans, during the year last part and to which referred in my note of January 30 in relation to the murder of seven shepherds.

Five witnesses, residents of the parish of Las Vacas, in the State of Coahuila, among them the associate judge of the parish, declare that it was a matter of public notoriety at San Felipe, Texas, that on the 24th of June, 1874, Mateo Robles was seized by two men, (one witness calls them sheriffs.) and taken on the 25th towards Las Moras, (also in Texas,) which place he never reached, and since that time nothing has been learned as to his whereabouts, although his wife went on the same [Page 975] day to Las Moras and made diligent search for him. It was the general belief at San Felipe, according to the statements of the witnesses, and everybody spoke of it, that Robles had been executed, or rather secretly assassinated on the road.

As to Gabriel Leyva, the same witnesses depose that on the 30th day of the same month (June) an American, as they say, took him to the river, by order of the judge at San Felipe, and with the assistance of another, who joined him for the purpose, killed him in a ravine. The two men together then threw his body into the water, and the current carried it to a place near the right bank, where it was taken out by the witnesses. As to the manner in which Gabriel Leyva met with his death in Texas, the witnesses state that it was a matter of public notoriety at San Felipe.

No investigation was made by the competent magistrate of that place in regard to these outrages, nor was it probable that any would be made, if, as now seems to be the case, he was himself responsible for them. The governor of Coahuila brought the matter to the notice of the general government of Mexico, from which I have received instructions to present it to the consideration of the Department of State. The crimes in question belong, as I have already remarked, to a long series of outrages, the details of which are more or less well proved, bat whose existence in general is not doubtful, and by which systematic hostility seems to me manifested towards the Mexican population by individuals and authorities in Texas.

Inasmuch as no steps have as yet been taken in that State by any Mexican consul, or representative of the injured parties, to secure the punishment of the parties who perpetrated the murders in question, or at least 1 not being aware that any such steps have been taken, my request to you, Mr. Secretary, is only for the present that you will be pleased to urge the government of Texas to cause the facts stated to be investigated and the guilty parties to be punished. I do not doubt that this will be done by the Government of the United States, in view of the spirit of justice which characterizes it, and of its friendly relations with the government of the Mexican Republic.

Be pleased to accept, &c.,

IGNO. MARISCAL.
[Inclosure.—Translation.]

Sworn statements in regard to the murders of Mateo Robles and Gabriel Leyva.

In the parish of La Resurreccion, on the 2d day of the month of October, 1874, I, the aforesaid judge of said parish, in accordance with my previous order, summoned to appear before me the citizen Yreneo Casillas, associate judge of the parish of Las Vacas, who having appeared, and having declared under oath that he would tell the truth, so far as he knew and should be questioned, and being questioned said that his name was as above written; that he was thirty-six years of age, a resident of the parish of Las Vacas, and associate judge of that parish. Being asked to give a detailed account of what he knew or had seen relative to the murder of Mateo Robles and Gabriel Leyva, committed by inhabitants of Texas, according to information received from the citizen president of the town-board of Piedras Negras, he said: On the 24th day of June last Mateo Robles crossed the Rio Bravo, for the purpose of going to see his mother, who was at San Felipe, Texas, and on the same day, at that place, he was seized by several armed Americans, who started off with him by the road which leads to Las Moras, which place is also in Texas. His wife, on seeing him taken off in that manner, started for Las Moras also, where as soon as she arrived she instituted a diligent search for him, but did not find him; She returned to San Felipe inquiring, as was natural, as to his whereabouts. She heard nothing of him, however, nor has anything yet been seen of him, and it is very probable that the Americans, who seized him, killed him; this is generally believed to have been the case. As to Gabriel Leyva, the citizen [Page 976] Fernando Sandoval, who was acting as magistrate in the absence of deponent, received information from a young man that the body of a man was lying on the bank of the Rio Bravo, on this side. He went, in company with three men, to remove it, which he did, informing this deponent on his return, and an official report was transmitted to the president of the town-board of Piedras Negras. This deponent has nothing more to say in relation to this matter, except that the widow of Mateo Robles bears the name of Dionisia Reyes, and that the foregoing is the truth. His statement was read to him, and he ratified it and signed it with me, the judge, and the assisting witnesses. We certify.

JOSÉ ANGEL MALDOÑADO.

YRENEO CASILLAS.

F. Ramon,

Ventura Ramos,
Assisting witnesses.

I, the aforesaid judge, next summoned the citizen Fernando Sandoval, and he, having appeared, made oath in due form 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; I am fifty-three years of age, married, and a resident of the parish of Las Vacas, and by occupation a farmer.” Being asked to tell what he knew and had seen in connection with the murder of Mateo Robles and Gabriel Leyva, he said: “It is public and notorious that the aforesaid Mateo Robles was taken from San Felipe by several Americans, and led off in the direction of Las Moras, which place they did not reach with him; and it is very probable that they killed him on the way, for he has not been seen since. His wife has sought for him diligently, and has now given up all hope of finding him. This she says to all persons who speak with her. As to Gabriel Leyva, I was informed by a young man, while I was acting for the associate judge, during the temporary absence of that officer, that a dead body was lying on the right bank of the Rio Bravo. I went to the spot at once, accompanied by three men, viz, Manuel Garza, Felix Valdez, and Hilario Martinez. We found the body of a man in the water, and on taking it out and examining it we found a wound, caused by a bullet, in the back, on the left side. After finishing our examination we buried the body. The name of the deceased was Gabriel Leyva. He was a resident of San Felipe, Texas, and on St. Peter’s day, i. e., the 29th of June last, an American brought him, by order of the judge of that place, to the bank of the river, in order to cross to this side; and the said American, together with another who had joined him on the way, took him to a ravine, where they killed him and threw his body into the water. The body was carried by the current to the island where we found it. This is a matter of public notoriety, and is known to all the inhabitants of San Felipe. They talk of it there, and many of them speak of it when they come over to this side. This is all I have to say on the subject, and it is the truth according to the oath taken by me.” His statement was then read to him, and he ratified it and signed it with me, the judge aforesaid, and the assisting witnesses. We certify.

JOSÉ ANGEL MALDONADO.

FERNANDO SANDOVAL.

A. F. Ramon,

Ventura Ramos,
Assisting witnesses.

The citizen Manuel Garza, having appeared in obedience to the summons of the court, declared, under oath, that he would tell the truth so far as he knew and should be questioned. He said: “My name is as above; I am fifty-six years of age; married; a resident of the parish of Las Vacas, and a farmer by occupation. With regard to Mateo Robles, it is a matter of public notoriety that several Americans seized him at San Felipe, Texas, from which place they started with him in the direction of Las Moras, which place is likewise in Texas, but which they did not reach with him, and it is very probable that they killed him, for he has not been seen since. As to Gabriel Leyva, it is likewise a matter of public notoriety in the town of San Felipe that an American, acting under orders of the judge, seized him for the purpose of crossing the river with him. On the way they were joined by another American, and the two killed Leyva and threw his body into the river, out of which it was taken by four men, of whom I was one. On examining him, we found that he had been shot in the back with a bullet. This is all I have to say on the subject, and it is the truth according to the oath taken by me.” The foregoing statement was read to him, and he ratified it, but did not sign it on account of his inability to write. I, the judge, signed with the assisting witnesses. We certify.

JOSÉ ANGEL MALDONADO.

F. Ramon,

Ventura Ramos,
Assisting witnesses

[Page 977]

The citizen Felix Valdez, having appeared in obedience to the summons of the court, declared, under oath, that he would tell the truth, so far as he knew and should be questioned, and, being questioned, he said: “My name is Felix Valclez; I am 23 years of age, unmarried, a resident of the parish of Las Vacas, and by occupation a tiller of the soil.” Being requested to tell all he knew in relation to the murder of Mateo Robles and Gabriel Leyva, by inhabitants of Texas, he said: “As the inhabitants of San Filipe, Texas, are in constant communication with those of the parish of Las Vacas, all that happens in one place is soon known in the other. In regard to the murders in question, it is very well known that Mateo Robles was taken from San Felipe by several Americans in the direction of Las Moras, both places being in Texas, and that he was undoubtedly killed by them on the way, because the Americans arrived at Las Moras without their prisoner, and the wife of the latter has made every possible effort to learn his whereabouts, but without success. As to Gabriel Leyva, three other men and I myself took his body out of the Rio Bravo, in which it was lying; it had a hole, made by a bullet, in the back. Said Leyva was seized by an American in pursuance of an order of the judge at San Felipe to be taken across the river to Mexico. On the way they were joined by another American, and the two took Leyva to a ravine near the river and killed him, after which they threw his body into the water; the body floated over to an island on this side; a young man saw it, and reported the fact to the acting associate judge, who, accompanied by three men, myself among the number, repaired to the spot where the body lay; on examination it was found that it had a wound, caused by a bullet, in the back. I repeat that the facts stated by me are matters of public notoriety, and I can vouch for their truth.’”He ratified the foregoing statement, but did not sign it on account of his inability to write. I, the judge, did so, with the assisting witnesses. We certify.

JOSÉ ANGEL MALDONADO.

F. Ramon,

Ventura Ramos,
Assisting Witnesses.

The citizen Hilario Martinez having appeared in obedience to the summons of the court, and having declared under oath that he would tell the truth, as far as he knew and should be questioned, and being questioned said: “My name is Hilario Martinez; I am twenty-six years of age, unmarried, a resident of the parish of Las Vacas, and by occupation a tiller of the soil.” Being requested to tell all he knew in regard to the murder of Mateo Robles and Gabriel Leyva, he said: “Several Americans seized Robles in San Felipe, Texas, for the purpose of taking him to Las Moras, at which they arrived without their prisoner. The wife of the latter, when he was taken from the town, started after them, and as soon as she saw that the Americans who had seized her husband entered Las Moras without him, she made inquiry for him, but without success; nothing has ever been heard of him since, and it is very probable that he was killed. Gabriel Leyva was taken from San Felipe by an American, by order of the judge, that he might be taken across to Mexico; on the road another American came up, and both together took him to a ravine of the Rio Bravo, and there shot him, and threw him into the water; the body floated over to an island on this side of the river; a young man came and told the acting associate judge of this, and he, together with three other men, of whom I was one, repaired to the spot for the purpose of taking him out of the water. On examination it was found that the body had a wound, caused by a bullet, in the back. All the foregoing is very well known at San Felipe. I have nothing more to say. The foregoing is true, according to my oath.” His statement having been read to him he ratified it, but did not sign it on account of his inability to write. I, the judge, did so, with the assisting witnesses. We certify.

JOSÉ ANGEL MALDONADO.

F. Ramon,

Ventura Ramos,
Assisting Witnesses.

I, the judge, having returned from the parish of La Resurreccion, which I visited for the purpose of taking the foregoing testimony, in obedience to superior orders, hereby order that the said testimony be sent to the citizen president of the municipal board of this town, to the end that it may be transmitted by him to the governor of the State. In witness whereof I, the aforesaid judge, have signed the present document, with assisting witnesses, as required by law.

We certify.

JOSÉ A. MALDONADO.

F. Ramon,

Ventura Ramos,
Assisting Witnesses.

Testimony sent as ordered. In witness—

[Seal of the court.]

[A flourish.]

[Page 978]

As required by the judge of Piedras Negras, I hereby order that the present document be transmitted to the governor of the State for his information. So ordered by me, the citizen Jesus del Valle, second alderman of the municipality above mentioned, and acting as president. Signed by me with the clerk of the municipality.

JESUS DEL VALLE.

Manuel Valdez, Clerk.

Sent as ordered. In witness—

DEL. VALLE. [A flourish.]

I certify the above to be a true copy of the original.

JUAN A. VIESCA, Clerk.

A copy.

JOSÉ T. de Cuellar,
Acting Secretary of Legation.