Papers Relating to the Foreign Relations of the United States, Transmitted to Congress, With the Annual Message of the President, December 6, 1886
No. 310.
Mr. Morgan
to Mr. Bayard.
Mexico , June 12, 1886. (Received June 21.)
Sir: Referring to my No. 231, of 26th ultimo, relative to the attack made by Mexican soldiers upon United States troops at Teopar, in which Captain Crawford lost his life, I have the honor to inclose herewith copy of Mr. Mariscal’s further note upon this subject, with accompaniment, received at 10.30 a.m. yesterday, and to say that I have deemed the case of such importance as to warrant my sending you the following telegram:
To-day I send further report from Mexican Government relative to killing of Crawford.
The appearance of the Inclosure (being in three different handwritings) is the unavoidable consequence of the prompt dispatch I have endeavored to give it; the accuracy of the copy I have proven by comparing it myself with the original.
I am, sir, &c.,
Mr. Mariscal to Mr. Morgan.
Mexico , June 10, 1886.
Mr. Chargé d’affaires: In accordance with the offer contained in my communication of the 19th of May last, I have the honor to transmit herewith to the legation under your able charge, the information which should be considered as Appendix No. 5 to said communication; the object thereof being to prove the grave excesses committed upon Mexican territory by the very same Apaches that were serving under the command of Captain Crawford, and were present at the unfortunate encounter at Teopar.
Be pleased to accept, &c.,
Instructions to General Crispin S. Palomares, commissioned to make a judicial investigation regarding depredations committed in the Moctezuma district by the tame Apaches, under the command of Captain Crawford.
- 1.
- To apply to the prefect of the district, giving him for his information a copy of the communication conferring upon him the authority to make a detailed and itemized report of the date on which Captain Crawford entered Mexican territory; giving, if possible, the number of Indians commanded by the latter, and if he placed himself in communication with the (Mexican) authorities; how many Americans came with him; the first inhabited place he touched or to which he came nearest; the route which he took; in what places he camped; what knowledge the prefect had of any depredations committed by those Indians; if they killed any persons, giving their names, with dates and places of their being killed; if those Indians stole any beeves, the names of owners and places of theft should be stated; if the prefect has any knowledge on what date the aforesaid captain was killed, how he came to hear of that misfortune, and in what language the news was communicated to him; in what place the occurrence happened and what occasioned the same.
- 2.
- To transmit to the judge of the primary court of Moctezuma a copy of the communication authorizing General Palomares to institute the investigation and to direct him to issue orders to the local magistrates and their immediate subalterns along the whole route taken by Captain Crawford with said Indians, to comply with instructions they may receive of General Palomares.
- 3.
- Taking charge of all these orders, the general will proceed to each of the places along the route passed over by said Indians and give to each judge the respective order. The latter shall thereupon begin to take, in conformity with his order, the affidavits of witnesses brought before him by the general. The witnesses must testify on following points: Date on which the captain, with his Indians, arrived there; the location of their camp; how long they remained at that place; what scouting expeditions were made by the captain, and whether they were made with all his Indians or whether the Indians sometimes went on expeditions by themselves; what depredations were committed by them at that place, stating in detail if they killed any person, and if so, giving the name of the latter, with date of the killing and place of interment of the remains; if the Indians stole any cattle, stating the number of such, from what places stolen, and names of owners; and finally, the witnesses must state the date on which the captain broke camp and the direction taken by him. Preferably those individuals shall be examined who were eye-witnesses of the facts, and special care must be taken that they explain how they came by their knowledge, and that they state the local market value of the cattle (stolen).
- 4.
- Upon arrival at the place where the killing of Captain Crawford occurred, the following facts must be established before the judge: Day, place, and hour of his (Captain C.’s), arrival there; place where he encamped; number of days he remained there; scouts made by him, and if he used to go out with all the Indians, or if the [Page 659] latter sometimes went on expeditions by themselves; the place or places where the Mexican military forces then were; if about that time raids were being made by hostile Indians; if the Mexican troops were scouting to attack the latter; if the captain (Crawford) informed the (local) authorities of his arrival; also, if he so notified the Mexican troops; if he was in the habit of notifying either of them of his scouts made during his stay at that place; if the unfortunate affair happened while he (Captain C.) was in camp or on an expedition against the hostiles; day, place, and hour of the occurrence of the accident; if the Mexican forces were then out on-an expedition against, and in pursuit of, the hostiles; how many persons perished in the misfortune besides the captain. If the Indians began the firing it will be proper to have it so stated.
- 5.
- The prefect as well as the witnesses will also state, if they know, to what tribe the tame Indians brought by Captain Crawford belonged.
- 6.
- Whether at any places where these tame Indians stole cattle, they confined themselves to taking and killing solely for their subsistence, or whether they took away with them those they stole; in the latter case it must be stated how many head they took away with them, whether the owners reclaimed them of the captain, giving the names of such claimants and the answers given by the captain; what persons presented the claim or claims, taking the affidavits of those who personally presented such claim or claims.
- 7.
- At each and every place where this investigation is conducted, the interrogatories shall be more or less the same in their nature.
- 8.
- When the proceedings upon each of the respective requisitions shall have been completed, they will be turned over to the judge of the primary court of the district of Moctezuma, that the originals, as one document, may be delivered to General Palomares.
A true copy.
Investigation held regarding depredations committed by the tame Apaches under the command of Captain Crawford in the district of Moctezuma.
The general commanding the first military zone (department), under date of 22d February last, and under office number 152, states to me as follows:
“Under date of the 2d instant, the department of war and navy telegraphed to these headquarters as follows:
“‘Appoint an intelligent commissioner, who with the assistance of a lawyer of integrity and ability, shall, before the proper authorities, take the testimony of witnesses regarding all depredations committed upon our territory by the Indians accompanying the American captain, Crawford, endeavoring to have said testimony contain a detailed account of all the depredations and murders committed by aforementioned Indians, as also to what tribe they belong; to which effect you will instruct the commissioner appointed by you to proceed with a proper escort from this post to all towns, plantations and cabins, where the excesses to be proven took place. Upon completion of the investigation, the proceedings will be transmitted with all possible dispatch to this department.’
“I transmit this copy to you and inform you that, taking into consideration your ability and experience so suited to these delicate commission, these headquarters have seen fit to appoint you to the discharge of the same, and to direct that to-morrow you will proceed hence to the points indicated by the war department, taking for notaries and counselors in the projected investigation such persons as can be found at the points nearest to those where Captain Crawford presented himself, which persons must be lawyers of integrity, as required by the telegram herein cited.”
By virtue of the afore cited orders from higher authority, and with the object of fully discharging this duty placed upon me, I shall be thankful to you if you will please issue the necessary instructions for the court under your able charge to proceed to all the places within its jurisdiction whereat, according to the official data which I have obtained of the prefecture of this district and the originals of which I inclose, it seems that the depredations and excesses referred to were committed by the tame Apaches led by Captain Crawford, in order to produce legal proof of said depredations.
For this purpose, I beg you will, at the seat of government of each of the respective municipalities, institute a judicial investigation before yourself in person, citing as witnesses all persons who, according to official reports rendered to the prefecture [Page 660] of this district by the municipal presidents, and according to the official data inclosed by me, have personal knowledge of the acts, and all others who assert to have such knowledge. All these you will please have under oath make deposition as to such acts in each municipality and place where the depositions are made, on the following points: The date on which the above-mentioned Captain Crawford arrived with the forces of his command, stating the number of tame Indians composing the same and of American employés withtheir pack-trains; the place where said forces encamped, the time they remained there, and whether scouts were made by them during their stay at the place, and whether such scouts were made in an orderly way and by the whole force, or whether, on the contrary, the Indians sometimes went on expeditions by themselves, at their own option and in small parties, and, if so, stating the number composing such parties; what depredations they committed at that place and at other points within the municipality, stating in detail whether they killed or wounded any persons, the names of such, the date of the occurrence, and the place of interment in case of any persons so murdered; whether they killed or stole any cattle, stating the number of head and place whence taken, and the names of the owners of those or other movables stolen; and, finally, they should give the date on which said Captain Crawford broke camp and state the direction taken by him with his force, explaining furthermore why they allowed themselves to be damaged as testified by them, and what is the value of the live stock and other effects stolen or destroyed. Upon completion of these proceedings you will please deliver the original to me that I may make my report to higher authority.
Liberty and constitution.
The Judge of the Primary Court of this
District,
Present
State of Sonora,
[Seal.]
Prefecture of District of
Moctezuma:
In reply to your esteemed communication of the 19th instant, I have the honor to render the report requested of me, regarding depredations committed by the tame Apaches that, under command of the American captain, Emmet Crawford, took part in the late campaign on this frontier against the hostile Indians, and regarding the official reports rendered to this prefecture by the municipal presidents of the towns in this district touched by the Indians, giving notification of the depredations committed by said Indians, and of the route traversed by Captain Crawford with his force from their entrance into this district till their departure therefrom, I have the honor to send you correct copies thereof from the originals on file in this office (prefecture), which you were pleased to request, and which I copy literally, as follows:
Office of the Commissary of Nacosari.
I have the honor to bring to your knowledge the following facts: Day before yesterday there passed through these parts an American force composed of forty packers and one hundred so-called ‘tame’ Indians. Immediately upon their entrance they began to fire upon the cattle by the way, and I was informed by Mr. Manuel Pereida and his son José Jesus, whom I authorized to reconnoiter the vicinity, that the firing resulted in the killing of four and mortally wounding of four head of cattle, which were the property of José Maria Torres (two head), Mrs. Apolonia D. de Langstone (four head), Mrs. Trinidad Dirrazo (one head), and Lorenzo Torres (one head). I must inform you that the Chiricahuas, to which tribe these Indians belong, passed along in complete disorder without being restrained by the four officers commanding them, and that they went in the direction of Capadehuache. This I communicate for your information and other (proper) purposes.
Liberty and constitution.
The Prefect of District of
Moctezuma,
Municipal Presidency of
Guásabas.
I have the honor to bring to your knowledge that yesterday, about 6.30 a.m., there passed through this place the American force of Capt. Emmet Crawford, composed of one hundred and forty men—one hundred Indians and the rest packers—and four officers, and so far as I could find out, this force came from Nacosari. At 7 a.m. of the 21st they arrived at Capadehuache, where they encamped that day and killed some beeves belonging to Messrs. Woodward and Venucio Pinazo. Leaving thence [Page 661] on the 22d, they arrived on the same day, at about 11 o’clock, at Güeverache, where they again encamped and remained until 6 a.m. of the 24th, passing through here as aforesaid at (5.30 o’clock, going toward Granados. I must inform you that while they were encamped at Güeverache, about 1 mile from here, those Indians daily came down to this town, and in a state of drunkenness committed numberless disorders, and that in the night of the 23d, between 7 and 8 o’clock, while they were being restrained in their disorderly conduct by the town constable, Eulogio Peralta, the latter was attacked by them, which compelled me to ask for protection of the detachment of gensdarmes under Emilio Kosterlitzky, who granted said protection and came himself with aforenamed constable and four other men, to bring said Indians to order; and as they showed themselves rebellious, and made an attack with stones, clubs, and a dagger, Kosterlitzky himself fired upon them, wounding one Indian, and arresting one other, who was given into my custody for punishment. I put him into prison, but during the night the American lieutenant, Maus, came to me and requested of me the Indian, offering his word as security for the payment of the $5 fine imposed by me on the Indian, and which was never paid by said Maus. I also inform you that these Indians went into the fields at Güeverache and into those along the road leading to Granados, and committed therein great destruction, and stole sugar-cane to the value of $100, more or less, said fields being the property of Mr. Catarino Grijalva, Manuel Francisco, and Cecilio Leiva, Pedro Montoya, and Miguel Arvizu. This statement I make for your information and other (proper) purposes.
Liberty and constitution.
The Prefect,
District
of Moctezuma.
Yesterday, at 6 a.m., I was informed by a person arriving at Tepache, that on the summit of the ridge of “Cacalote,” a man and three donkeys lie killed, and three pack-saddles and bags scattered about. I at once informed the (municipal) president of Guásabas, and asked for assistance to send out a reconnoitering party; and gathering as great a force as I could muster, together with twelve men from Guásabas who arrived at 12 o’clock (I had only about twelve besides the latter), I sent them all out as one party, under command of Lieut. Juan Pinazo, who, having returned to-day, made report to me, of which I subjoin copy:
“Complying with instructions from your office, I began my march with twelve men of the national guard of this town, together with twelve others from Guásabas, yesterday, 26th instant, at about noon. I organized the march with all necessary precautions; arrived at Tinaja at 5 o’clock, where I ordered the forces to have supper, at the same time sending out videttes by all known passageways without their discovering anything. Soon after that I continued my march with the same precautions, until I arrived at the foot of the ridge of Cacalote, where I let the forces rest till the rising of the moon, when I resumed the march until I got on top of the ridge, where, in the last settlement, I found the corpso of Francisco Lavandera. I then at once placed the greater part of the men in the best defensive positions, while I sent out the rest to hunt up young Tomas Moreno, whose body was found at a short distance. After I had them buried, I returned to the foot of the ridge, where I waited until daybreak. So soon as it was day I resumed the march, and at Tinaja, where we had supped the night before, were discovered six foot-tracks over our trail, which upon close examinatoin I was convinced were those of Indians. I was not able to follow them, because we brought no rations and had with us the loads of the deceased. I kept on cautiously without any further occurrence, till I arrived in this town.”
I have the honor to communicate the above to your superior authority, for your information and action.
Liberty and constitution.
The Prefect,
District
of Moctezuma.
On the 25th instant there passed through this town the company of tame Indians under the command of the American Capt., Emmet Crawford. After they had passed the field judge went with some neighbors in the direction of Tinaja. Soon they encountered the carcasses of six beeves, and the fires at which the Indians had roasted beef; but as it was already late in the day they could not reconnoiter the country. Yesterday, the 26th, the same field judge, with more neighbors, again reconnoitered, [Page 662] and then they found eleven dead cattle; of these ten were steers and one was a small cow; but few of them were cut up for beef, the rest being untouched. There is no doubt that they were killed by the Indians of the American expedition, because one of the packers of said force so informed some persons who had heard the tiring by the Indians to the north of the ridge of Bacalejaca.
The foregoing I bring to your knowledge for your action.
Liberty and constitution.
The Prefect,
District
of Moctezuma.
I have the honor to bring to your knowledge that yesterday at about 6 a.m. there passed through this settlement, under my charge, one hundred tame Chiricahua and White Mountain Indians, with forty American packers and four officers, under the command of Capt. Emmet Crawford; and that said force went in the direction of Nacori, without requesting of me the proper permit or pass. I also inform you that said force was encamped during the night of the 25th about 2 miles from here at a place called “Agua Calientc,” where they arrived pretty late. I also have testate that the field justice of this place went to where said force had been encamped, accompanied by citizens Marcelo López, Miguel and Rosalio Galaz, and José Romero; and that they found two heifers killed and cut up for beef, which were the property of Francisco Valencia, a resident of Sahuaripa.
The foregoing I submit for your information.
Liberty and constitution.
The Prefect,
District
of Moctezuma.
Under this date the commissary of Nacori reports to me as follows:
“On the 27th there arrived at a place called the ‘Sansillo’ an American force composed of forty packers, four officers, and one hundred Indians, under command of Captain Crawford. There they encamped, killing that day three beeves, which I have been informed they purchased of the residents of that place. They remained there until the morning of the 29th, when they broke camp and went in the direction of this precinct; passing through this on the same day, they encamped at a distance of a little more than a league (3 miles) from here, at a point called Temosachic. I have the honor to state that between Sansillo and this precinct the said tame Indians shot and killed eight head of cattle; two, the property of Carmen Escalante; two of Guadalupe Quijada; one of Jesus Artado; and two of Gervansio Valencia; and one of Aristeo Antunez. At Sansito, a party of nineteen Indians detached itself from the American force, which party took a direction opposite from that taken by the main body.”
The foregoing I refer to you for your information.
Liberty and constitution.
The Prefect,
District
of Moctezuma.
Under this date the commissary of police of Nacori makes to me the following statement:
“To-day I learned from a resident that the force of tame Indians under Captain Crawford went from Temosachic, where they had been, to Basuche, whence they are scouting through the mountains in the direction of Sahuaripa.”
The foregoing I report for your information.
Liberty and constitution.
The Prefect,
District
of Moctezuma.
Under date of yesterday the commissary of police of Nacori reports to me as follows:
“I bring to your knowledge that at about 8 a.m. on the 21st instant, within the precinct under my charge, were heard more than one hundred shots fired in the direction of Temosachic. Without delay I went but with 5 men to see what had happened, and upon arrival at Temosachic I found the expedition of tame Indians and the American force, the former of whom had fired those shots upon some cattle, killing 3 of them, which belonged, one each, to Guadalupe Quijada, Aristeo Antunes, and Isabel Hurtado. Immediately after my arrival I presented myself to Lieutenant Maus and endeavored to have a stop put to the excesses of the Indians, in which I succeeded, the firing being discontinued. Lieutenant Maus then informed me that Captain Crawford had died as the result of a wound inflicted upon him during an encounter, by mistake, with a force from Chihuahua; and that they brought the corpse with them to have it interred in this precinct, for which purpose he requested of me the necessary permit, which I granted.
“From Temasachic, I returned to this precinct, accompanied by the lieutenant’s interpreter, Tomas, leaving Lieutenant Maus with his force at Temasachic. On the road, the interpreter, Tomas, and I had considerable conversation, regarding the death of Crawford. He said that the American force was scouting through the Sierra Madre in pursuit of hostile Apaches; that they attacked the latter on January 10, succeeding in capturing Chief Kane” and some others of the Indians—men and women; that they encamped where they had attacked the Indians, awaiting peace negotiations with Chief Gerónimo, who, through a squaw, had placed himself in communication with Captain Crawford; but that at daybreak of the 11th a party of national troops from Chihuahua, which was following the trail of the same hostile Apaches, that had gotten that far, misled by this confused state of affairs, opened fire upon them, both sides engaging in the conflict; that as Captain Crawford noticed the mistake made by the national troops, he got upon a large rock and endeavored, by raising a white handkerchief, to make himself known, the interpreter imitating his action; but that the firing was fierce at the time, and that Captain Crawford received a shot in the forehead and fell mortally wounded; that the interpreter, also wounded in the arm, ran and called out to make himself known; and that thereupon the nationals discovered that they were attacking the American force of tame Apaches, suspended their firing, and approached to explain to them their mistake. The interpreter stated that the wounded Crawford lingered seven days. I also inform you that the remains of Crawford were to-day interred in this settlement, and that the American force, with the Indians, left this precinct to-day in the direction of your town.”
The foregoing I transmit to you for your information.
Liberty and constitution.
The Prefect,
District
of Moctezuma.
I bring to your knowledge that on the day before yesterday there passed through this town, going toward Bacerac, an American force composed of 100 Indians, 40 packers, and 3 American officers, under command of Lieutenant Maus, in some disorder, the Indians stealing some pieces of beef from several slaughtering places. I also inform you that about a league from here, at a point called the Highland of José, which is on one side of the road, the same Indians shot and killed a cow, property of Fancisco Terán, residing in this town; that they passed on, encamping at night at a station called “La Tinaja,” where they did not commit any depredations.
The foregoing I communicate to you for your information.
Liberty and constitution.
The Prefect,
District
of Moctezuma.
I have the honor to bring to your knowledge that on the day before yesterday there passed through this settlement a party of American forces under command of Lieutenant Maus, composed of 40 packers, 3 officers, and 6* Chiricahua and White Mountain [Page 664] Indians; and that soon thereafter came to me tie resident citizens, Ignacio Davilla, Francisco Loreto, and Francisco Zozaga, who claimed that Indians of aforesaid force were mounted on two mules and two donkeys belonging to claimants. I therefore, accompanied by said residents, went forth to overtake the command, which I did before it arrived at Bavispé. I at once claimed the animals, proving the ownership, but could not obtain them, although Lieutenant Maus promised to surrender them as soon as he should arrive at the Cañada, close to which place he stationed himself for the night. I proceeded to that camp with aforementioned persons, and in passing through Bavispé we were joined-by citizens Fleis Samaniego, Luis Gomez, Reynaldo and Antonio Samaniego, who were also going to reclaim some animals belonging to them which said Indians had taken with them. At the camp Lieutenant Maus was about to deliver the animals to said owners, but the Indians rebelled and disregarded the authority of Maus, refusing to give up the animals. Then Lieutenant Maus offered that so soon as he should arrive at Matirz, where he could make his authority respected, he would gather these animals and have them returned to their owners; he even making notes as to which of the animals were theirs. With this result we had to return to Bavispe I call your attention to the fact that Major Kosterlitzky was with Lieutenant Maus when the said Indians interfered with the latter’s action.
The foregoing I communicate to you for your information.
Liberty and constitution.
I have the honor to inform you that yesterday there passed through this town Crawford’s American force, composed of 40 packers, 3 officers, and 100 Chiricahua and White Mountain Indians, which force encamped last night about 2 leagues (6 miles) from here at a point called the Cañada. After said force had passed by there came to me the residents, Fleis, Reynaldo, and Antonio Samaniego, and Luis Gomez, declaring that those tame Indians had stolen and taken with them some animals belonging to them. I directed them to join the municipal president of Bacerac, who was also following said force for the purpose of recovering some animals, and to make their claims at the same time with him. They did so, and went to the camp of the American force. Quite late they returned to me and told me that Lieutenant Maus, after inspecting their titles and brands, acknowledged their ownership of the animals, but did not surrender them, although disposed to do so, because the Apaches opposed themselves, assumed a threatening attitude, and disobeyed Lieutenant Maus; but that the latter gave them to understand that upon arrival at Matirz he would gather these animals and have them delivered to their owners.
The foregoing 1 state for your information.
Liberty and constitution.
In the absence of municipal president.
First Supervisor.
The above copies of papers I have the honor to transmit to you, adding that the first inhabited place in this district touched by the American forces under command of above-mentioned Captain Crawford, engaged in the recent campaign against the hostile Apaches, was the mining town of Nacozari, where they arrived on the 17th of last December; that they failed to previously notify this prefecture; that they continued their march through the places mentioned in above official reports as far as the settlement of Nacori; that from the latter place they took a route through an entirely desert section in different directions, mainly southeast, to the point in the Sierra Madre where, through a mistake, the encounter took place, according to rumor, between a party of (Mexican) National troops from the State of Chihuahua and the forces of Captain Crawford, during which lamented encounter said captain was mortally wounded, lingering seven days, and buried at Nacori upon the return of the American forces to that place; after which the American forces under command of Lieutenant Maus kept on their way, leaving this district at Bavispé, through which town they passed January 28, 1886, continuing their march till they crossed the boundary line between our territory and the United States of America, the said tame Apaches on the return route committing some depredations, as shown by the respective official reports.
Be pleased to accept, general, the dutiful assurances of my consideration and respect.
Liberty and constitution.
Prefect.
To General Crispin S. Palomares.
Constitutional Government of the Free and Sovereign State of Sonora .
[seal.]
I, Luis E. Torres, constitutional governor of Sonora, do hereby certify that the foregoing signature of citizen J. M. Torres, prefect of the district of Moctezuma, is his signature as affixed by him to all of his public documents, and this certificate is given by me that full faith and credit may be given by all concerned.
Attest:
Secretary.
March 23, 1886.
[seal.]
The foregoing communication having been received, together with accompanying documents, in compliance with the request of General Crispin de S. Palomares, it is hereby ordered that the investigation be held, and that the proceedings, when complete, be delivered to the general for the purpose indicated. Thus the judge of the primary court of the district, citizen Joaquin Monge, decreed, ordered, and signed in presence of his court witnesses. So certified.
- JOAQUIN MONGE.
- LUIS ARCE,
- F. MORENO TERAN,
Court Witnesses.
On the same date were also issued the subpoenas required for the evidence necessary to verify statements made in the communication of the commissary (of police) of Nacozari.
Hereby so certified.
MANUEL PEREIDA.
On the 25th of the same month, in obedience to subpoena, appeared before this court citizen Manuel Pereida, who being duly sworn, stated that his name is as aforesaid; is thirty-six years of age; married; a miner; native of Cumpa, and resident of the mining town of Nacozari. Being examined as to the part of the communication of the commissary of police of Nacozari concerning him, which part was read to him, he testified that the statements made in said communication he knows in effect to be true, because he and his son, José Jesus, were detailed to reconnoiter the country surrounding Nacozari, where the American forces of Captain Crawford, composed of forty packers and one hundred Chiricahua Indians, passed, firing upon the stock encountered by them on their way; that during such reconnoissance they found that eight head of cattle were four killed and four mortally wounded; these being the property of the following: One cow wounded and one killed, of José Maria Torres; two killed and two wounded of Mrs. Apolonia Durazo de Langstone; one steer (two or three years old) of Lorenzo Torres, and one cow killed of Trinidad Durazo; that after these depredations said forces continued their way in the direction of Capadé–huache. Further, deponent said not.
This testimony being read to him he declared it correct. He did not sign it, being unable to write.
So certified.
- JOAQUIN MONGE.
- LUIS ARCE,
- F. MORENO TERAN,
Court Witnesses.
JOSÉ JESUS PEREIDA.
Thereupon, In obedience to subpoena, appeared before this court the young man, José Jesus Pereida, who being duly sworn stated, that his name is as above written; is fifteen years of age; bachelor; farmer; native and resident of Nacozari. Being examined as to the parts in the communication of the commissary of police of Nacozari, [Page 666] and in the affidavit of his father, Manuel, concerning him, which parts were read to him, he testified that the statements of both are correct, that on the 17th of last December an American force under command of Captain Emmet Crawford, composed of 40 packers and 100 so-called tame Chiricahua Indians, passed through the mining town of Nacozari, and that on their way they fired upon the cattle encountered by them, killing and wounding 8 head of cattle, property of the following: Of José M. Torres, 1 mortally wounded and 1 killed; of Mrs. Apolonia Durazo de Langstone, 2 killed and two seriously wounded; of Lorenzo Torres, 1 heifer (two or three years old) wounded, and of Trinidad Durazo, 1 cow killed; that after the Indians had passed on he and his father, by order of the commissary, went out to reconnoiter the vicinity of Nacozari, and discovered the depredations mentioned by him; that the forces then went in the direction of Bacadéhuache. Further, deponent said not.
This testimony being read to him he declared it correct. He did not sign it, being unable to write.
So certified.
- JOAQUIN MONGE.
- LUIS ARCE,
- F. MORENO TERAN,
Court Witnesses.
TRINIDAD DURAZO.
Foregoing was followed by the affidavit of citizen Durazo, who, being subpoenaed, appeared before this court, and being duly sworn, stated that he is named as aforesaid; is thirty years of age; married; stock-raiser; native of the town of Granados, and at present resides at Nacozari. Being examined as to the statements in the communication of the commissary (of police) of Nacozari concerning him, the same being read to him, he testified that they are true; that on the 17th of last December an American force under command of Capt. Emmet Crawford, composed of 40 packers and 100 so-called tame Chiricahua Indians, passed through Nacozari; and that during their passage they fired upon the cattle which they encountered, without being restrained by the American officers commanding them; that after a little while he went out to learn what depredations had been committed, and that he found 4 head of cattle killed and 4 wounded; that two of these were the property of José M. Torres (1 killed and 1 wounded); 2 killed and 2 wounded belonged to his sister, Mrs. Apo Ionia Durazo de Langstone; 1 steer (two or three years old) belonged to Lorenzo Torres, and was wounded; and 1 cow belonging to himself was killed; that he has not the slightest doubt that said Indians committed those depredations, as they were seen in the act; that the American force left Nacozari, going toward Capadéhuache. Further deponent saith not.
This testimony being read to him he declared it correct. He did not sign it, being unable to write.
So certified.
- JOAQUIN MONGE.
- LUIS ARCE.
- F. MORENO TERÁN,
Court Witnesses.
JOSÉ M. TORRES.
Thereupon, in obedience to subpoena, appeared before this court citizen José M-Torres who, being duly sworn, stated that his name is as foregoing; he is thirty-eight years of age; widower; native; employé (and resident) of the State of Sinaloa, being now a resident of this place, living on Plaza street. Being examined as to the part referring to him in the communication of the commissary of police of Nacozari, which part was read to him, he testified that the statement is correct; that on the 21st of last December he was notified by the commissary of police of Nacoaari that on the 17th of that month there had passed through that mining town a detachment of American forces under command of Capt. Emmet Crawford, composed of 40 American packers and 100 Chiricahua Indians and that in passing they had fired upon the live stock encountered by them, resulting in killing 4 and wounding 4 head of cattle; that of these 1 killed and 1 mortally wounded were the property of affiant; 2 killed and 2 wounded belonged to Mrs. Apolonia Durazo de Langstone; 1 steer (two or three years old) belonged to his brother Lorenzo Torres, and 1 killed was the property of Trinidad Durazo; that so soon as he received information he proceeded to Nacozari, arriving there on the following day, the 22d, and there saw said killed and wounded cattle; that he made inquires regarding these depredations, and that Trinidad Durazo. [Page 667] Manuel Pereida, and the latter’s son, José Jesus, and the commissary (of police) stated to him that they had seen the Indians fire upon the cattle.
This being all he had to say on the subject, foregoing testimony was read to him and by him found to be correct, except the words “and resident” which should be left out.
So certified.
- JOAQUIN MONGE.
- J. MARIA TORRES.
- LUIS ARCE.
- F. MORENO TERÁN,
Court Witnesses.
Under the same date it is stated regarding Lorenzo Torres and Mrs. Durazo do Langstone that this court has information that said persons are not at present within the district, for which reason their affidavits cannot be taken.
It being indispensable for the proper prosecution of this investigation that the present judge personally conduct the same, the personnel of the court, together with the court witnesses, are directed to proceed to the towns of Guásabas and Granados, these being the most injured settlements and the nearest to the other points where the Apaches committed their depredations; and it is ordered that the necessary subpoenas be issued. Thus the undersigned judge of the primary court decreed, ordered, and signed before his court witnesses.
- JOAQUIN MONGE.
- LUIS ARCE,
- F. MORENO TERÁN,
Court Witnesses.
The foregoing order was complied with on the same date.
- MONGE.
- LUIS ARCE, Court Witness.
It having been stated in the communication which the municipal president of this town, on the 25th of. December last, transmitted to the prefect of the district (and which is annexed to these proceedings), that the tame Apaches to the number of one hundred, who together with forty packers formed the American force under command of Capt. Emmet Crawford, were on the 21st of said December encamped on the ranch of Capadéhuache, and that there they killed some cattle belonging to Messrs. Woodward and Venancio Durazo; and that thence they left on the 22d, arriving at Hueverache, distant 6 leagues (about 18 miles), on the same day, where they again encamped; and that at that point, in the fields belonging to Catarino Grijalva, Manuel Trauco, Cecilio Leiva, and Pedro Montoya, and also in the town itself, they (the Apaches) committed depredations and disorders; let subpoenas be issued to aforementioned owners, and also to the constable of the place, Eulogio Peralta; the former to state what damages they sustained, and the latter of what disorders and misconduct the above-mentioned tame Indians were guilty. Thus the undersigned judge of the primary court decreed, ordered, and signed in presence of his court witnesses.
So certified.
- JOAQUIN MONGE.
- LUIS ARCE,
- F. MORINO TERÁN,
Court Witnesses.
On the same date were issued the subpoenas above referred to.
- MONGE.
- GEORGE F. WOODWARD.
On the 26th of the same month, in obedience to subpœna, appeared before this court the American citizen George F. Woodward who, being duly sworn, stated that he is named as above stated; is twenty-seven years of age; married; stock-raiser; native [Page 668] of the State of California; now a resident of Capadehuache. Being examined as to the part concerning him in the communication of the municipal president of this town he testified: That at about 7 o’clock a.m. of the 21st of last December, he then being at a ranch known as Capadehuache, of which he is part owner, a detachment of an American force arrived there under command of Capt. Emmet Crawford, composed of about forty Americau packers, some officers, and one hundred so-called “tame” Apache Indians, who encamped there until the following day, the 22d; and that during their stay several squads of the Indians left their camp, but he did not witness their depredations, because being alone with his family at the ranch he could not leave his family to look after them, but; that on the day following their encampment he went out to reconnoiter in his fields, and then found some pieces of fresh skin; that when he saw this he ordered his herders to saddle their horses and go with him to search the surrounding country; that they so did and that he, Cesareo Cortes, and Manuel Vasquez, found in the fields, upon the very trail of said tame Indians, thirteen head of cattle recently killed, two being covered with hay; that nine of those were the property of Venancio Durazo, principal part owner of the ranch of Capadehuache; one belonged to himself, one to Fabrique Arvisu, one to Julian Moreno, and one to Mrs. Jesus Timbres; that all these cattle were four to six years old and in good condition; that he was informed by citizens Antonio and Ignacio Robles, Antonio Enriquez, and Toribio Coronado (herders of Venancio Durazo), that those tame Indians killed more than the above-enumerated cattle, but that he and his herders saw only the 13 to which he referred as being shot; that said American forces came from Nacozari and were very disorderly, because for about an hour before their arrival at his ranch he, and the others living there, heard more than 100 shots fired by the Indians along the road; that, so far as he could see, said forces had with them sufficient provisions for their subsistence; from which fact it is apparent that said tame Indians commit depredations, not from necessity, but from a natural inclination to destroy, and that such depredations and disorders are permitted by their officers, because the latter are unable to prevent them in any way. The foregoing he signed, adding that from Capadehuache the Americans, with the Indians, went on in the direction of Hueverache. Further deponent said not.
This testimony being read to him, he declared it correct, and signed the same.
So certified.
- GEORGE WOODWARD.
- JOAQUIN MONGE.
- LUIS ARCE,
- F. MORENO TERÁN,
Court Witnesses.
VENANCIO DURAZO.
Thereupon, in obedience to subpoena, appeared before this court citizen Venancio Durazo, who, being duly sworn, states that his name is as aforesaid; he is forty-one years of age; married; born and raised in and resident of Granados; that he is informed by his steward, Antonio Enriquez, who has charge of his property on the ranch of Capadehuache, that on the 21st of last December, at about seven o’clock a.m., there arrived at that ranch an American force, coming from American territory by way of Nacozari, under command of Captain Crawford, which force was composed of some forty packers and one hundred tame Chiricahua Indians; that they encamped there that day, and that on the same day some parties of the Indians went out and shot and killed some cattle, nine being his (affiant’s) property, one belonging to the American, Jorge Woodward, one to Fabrique Arvisu, one to Julian Moreno, and one to Mrs. Jesus Timbres; affiant did not see them, because at that time he did not go out to the country, but he is sure these depredations were committed from the report of his steward, and from public report in this settlement and in Granados, his place of residence; that furthermore he was informed that said force remained encamped at Capadéhuache until the morning of the 22d, when it left in the direction of Hueverache. Further deponent said not regarding depredations by said tame Indians while at Capadéhuache.
This testimony being read to him, he declared it correct, and signed the same.
So certified.
- JOAQUIN MONGE.
- LUIS ARCE,
- F. MORENO TERAN,
- V. DURAZO,
Court Witnesses.
MRS. JESUS TIMBRES.
On the same date, in obedience to subpoena, appeared before this court Mrs. Jesus Timbres, who, being duly sworn, stated that her name is as above mentioned; is thirty-nine years of age; widow; native and resident of Granados, and transiently at this “place. Being examined as to the parts concerning her in the affidavits of Venancio Durazo and Jorge Woodward, which parts were read to her, she testified that she is informed by Toribio Coronado that on the 21st of last December an American force penetrated from Nacozari to Capadehuache and encamped at the latter place on the 21st, said force consisting of 40 American packers, 4 officers, and 100 Chiricahua Indians, under command of Captain Crawford, and that several parties of those Indians went about the country committing depredations, killing 13 head of cattle, 9 being the property of Mr. Durazo, 1 of affiant, and 1 each of Messrs. Moreno Arvisu, and Woodward; that on the following day, the 22d, the Indians left Capadehuache in the direction of Hueverache, where they again encamped. Further deponent said not.
This testimony being read to her she declared it correct, but did not sign the same, being unable to write; she added that she wants to be paid for the steer as well as for a cow killed by the same Indians on their passage through the settlement of Granados.
So certified.
- JOAQUIN MONGE.
- LUIS ARCE,
- F. MORENO TERAN,
Court Witnesses.
IGNACIO ROBLES.
On the 26th of the same month, in obedience to subpoena, appeared before this court citizen Ignacio Robles, who, being duly sworn, stated that his name is as above stated; is thirty-six years of age; married; herder; native and resident of this place. Being examined as to the part concerning him in the affidavit of the American, Woodward, which part was read to him, he testified that it is true that on the 21st of last December there arrived at Capadehuache, from American territory, by way of Nacozari, an American force, under command of Capt. Emmet Crawford, composed of 40 packers, 4 officers, and 100 so-called “tame” Chiricahua Indians; that on that day said force encamped there, arriving in complete disorder, the Indians going about the country in small parties; that at the time it was not noticed that they committed depredations, but that on the following day, the 22d, after the Indians and Americans had broken caixrp and left in the direction of Hueverache, affiant, Toribio Coronado, and Antonio Enriquez went out from the ranch to reconnoiter the vicinity and then found 19 head of cattle shot and killed by the Indians, being the property—15 of Venancio Durazo, 1 of Jorge Woodward, 1 of Fadrique Arvizu, 1 of Mrs. Jesus Timbres, and 1 of Julian Moreno; that there is no doubt that the tame Apaches committed those depredations, because the firing of the shots were heard, and the movements of the Indians and their tracks were seen, and other corroborating circumstances confirm these to have been their acts; that of the cattle killed but 2 were cut up for beef, the rest being left untouched, and the remains of the former being covered with hay, and of the latter no one had any benefit, as they were spoiled on the ground; that those cattle were in good condition, from four to seven years old. Further deponent said not.
This testimony being read to him, he declared it correct, but did not sign the same, being unable to write.
So certified.
- JOAQUIN MONGE.
- LUIS ARCE,
- F. MORENO TERAN,
Court Witnesses.
CESAREO CORTES.
Thereupon appeared before the court citizen CesareoCortes, who, being duly sworn, stated that his name is as above written; is forty years of age; married; herder; native and resident of this town. Being examined as to the part concerning him in [Page 670] the affidavit of the American, Woodward, which part was read to him, he testified, that it is true; that on December 21 of last year, while affiant was at the ranch of Capadehuache, there penetrated from American territory, by way of Nacozari, an American force under command of Capt. Emmet Crawford, composed of forty packers, four officers, and one hundred Chiricahua and White Mountain Indians; that when these were yet about a league distant from the ranch the discharge of more than one hundred shots were heard, fired by the Indians along the road; that they arrived in complete disorder, went into camp there, and that shortly afterward several parties of Indians left camp; that it was not immediately noticed whether they had committed any depredations, but that on the following day, the 22d, after they had broken camp and left in the direction of Hueverache, affiant, the American Woodward, and Manuel Vasquez saddled their horses and went out to reconnoiter in the neighborhood of the ranch, and that then they found thirteen head of cattle shot and killed by the Indians, nine of them being the property of Venancio Durazo, 1 of Fadrique Arvisu, and the others 1 each of Mrs. Jesus Timbres, Julian Moreno, and Mr. Woodward; that he is sure said Indians killed those cattle, because, besides the firing, their tracks and movements gave evidence. Affiant is informed that in fact 19 cattle were killed, but, as he stated, he saw only 13. He stated that those cattle were large-sized and fat, four years and upwards of age, and that no one had any benefit of them, except that the Indians cut up 2 for beef and then covered the carcasses with hay; that such cattle are sold in the local market at $20 per head, and that those killed were worth rather more than less than the above price. Further deponent said not.
This testimony being read to him he declared it correct, but did not sign the same, being unable to write.
So certified.
- JOAQUIN MONGE.
- LUIS ARCE,
- F. MORENO TERAN,
Court Witnesses.
ANTONIO ENRIQUEZ.
Subsequently, in obedience to subpoena, appeared before this court citizen Antonio Enriquez, who, being duly sworn, stated that his name is as aforementioned; he is forty-two years of age; married; herder; native of Bacerac; resident of Granados, and is transiently at this place. Being examined as to the parts concerning him in foregoing affidavits, which parts were read to him, he testified that on the 21st of December, at about 7 o’clock, a.m., affiant, being at the ranch of Capadehuache, heard more than one hundred shots fired from towards Nacozari; that shortly thereafter he witnessed the arrival at the ranch, in complete disorder, of an American force under command of Mr. Crawford, composed of forty packers, four officers, and one hundred Chiricahua and White Mountain Indians; that they came from American territory by way of Nacozari: that these went into camp there, and that after a short while parties of Indians by themselves began to leave camp; that some shooting was then heard, and that he went into the woods to see what happened; that when he had gone a short way he again heard rifles fired; that he met an Indian loaded with beef-tallow, who, being asked by affiant as to what he was doing, replied “Nothing;” that at that moment 6 other Indians approached, whereupon he returned to the ranch; that on the following day, the 22d, after the Indians had broken camp and left in the direction of Hueverache, he went out into the neighborhood accompanied by herders Ignacio Robles and Toribio Coronado; and that in reconnoitering the neighborhood of the ranch they found the carcasses of 19 head of cattle, 15 of them being the property of Venancio Durazo, 1 of Fadrique Arvisu, 1 of Jesus Timbres, 1 of Julian Moreno, and 1 of the American, Jorge Woodward; that it is certain that those Indians killed said cattle, because, besides having seen them, their tracks and movements gave evidence; that of said cattle only 2 were made use of by them being cut up for beef and the remnants covered up with hay: that the rest were left on the ground and were spoiled; that the cattle were of large size, four years and upwards of age, and fat, each being worth perhaps more than $20. Further deponent said not.
This testimony being read to him he declared it correct, but did not sign the same, being unable to write.
So certified.
- JOAQUIN MONGE.
- LUIS ARCE,
- F. MORENO TERAN,
Court Witnesses.
TORIBIO CORONADO.
Thereupon, in obedience to subpoena, appeared before this court citizen Toribio Coronado, who, being duly, sworn, stated that his name is as aforementioned; he is fifty-one-years of age; married; herder; native of Sahuaripa, and resident of Granados, being now transiently at this place.
Being examined as to the parts concerning him in the foregoing affidavits, which parts were read to him, he testified that on the 21st of last December, at about 7 o’clock a.m., being at the ranch of Capadehuache, he heard on the road from Nacozari more than one hundred shots fired; that a short while afterward he saw the American force under command of a Mr. Crawford, composed of 40 packers, 4 officers, and 100 Chiricahua and White Mountains Indians, arrive at said ranch in complete disorder, going into camp there; that soon thereafter some firing was heard and that Antonio Enriquez went out to see what had happened; that the latter returned and told him that the Indians were killing stock; that on the following day, the 22d, the force broke camp and took the road toward Hueverache; that immediately then he, Antonio Enriquez, and Nacho Roblez saddled their horses and went to reconnoiter the neighborhood and found 19 head of cattle shot and killed by the Indians, the cattle being the property of—Venancio Durazo, 15; the American, Woodward, 1; Mrs. Jesus Timbres, 1; Fadrique Arvisu, 1, and Julian Moreno, 1; that affiant has not the least doubt that the tame Indians committed these depredations, because he heard their shots and followed their tracks and observed their movements, all tending to prove these as their acts; that all these cattle were of large size and fat, and would be worth $20 each.
This testimony being read to him, he declared it to be correct, but did not sign the same, being unable to write.
So certified.
- JOAQUIN MONGE.
- LUIS ARCE,
- F. MORENO TERAN,
Court Witnesses.
CATARINO GRIJALVA.
On the same date, in obedience to subpoena, appeared before this court citizen Catarino Grijalva, who, being duly sworn, stated that his name is as above written; he is forty-eight years of age; married; farmer; native and resident of this town. He testified that on the 21st of December, last year, at about 11 o’clock a.m., there arrived at Hueverache an American force under command of Capt. Emmet Crawford, composed of 40 packers, 4 officers, and 100 Chiricahua and White Mountains Indians; that they encamped upon his fields without asking permission of him or the authorities; that said field was planted with corn; and without further ado the animals of said force were turned loose upon his field, eating off the whole crop; that as aforesaid, the force encamped there on the 21st; that on the afternoon of the same day he approached Captain Crawford and asked him by whose leave he interfered with his fields and destroyed his crops; that the captain not understanding Spanish, did not answer him; that affiant then went to the captain’s interpreter, a certain “Concepcion,” and asked of him the same question, adding that “now they had used up his crop, he hoped they would not also destroy his fences”; that then the interpreter communicated this to the captain, who thereupon ordered his Indians not to destroy the fences, but that the orders were useless, as during the four days they remained there all his crops were used up and all his fences destroyed; that “during the same time they also went into neighboring fields, and in the field of Manuel Tranco said tame Indians stole about 1,000 plants of sugar-cane; that the captain was duly informed of all these depredations, but that no steps were taken to put a stop to them; that on the 25th of December they broke camp on the fields of Hueverache and passed through Guásabas in the direction of Granados; that he then, overtook the captain and again demanded to be indemnified, whereupon the captain, through his interpreter, told him that upon his return he (the captain) would pay him all damages and something more; that so far affiant has received nothing; that he places his damage at about $100. Further deponent said not.
This testimony being read to him he declared it correct, but did not sign the same, being unable to write.
- JOAQUIN MONGE.
- LUIS ARCE,
- F. MORENO TERAN,
Court Witnesses
CECILIO LEIVA.
On the same date, in obedience to subpœna, appeared before this court citizen Cecilio Leiva, who, being duly sworn, stated that his name is as above written; he is forty-six years of age; married; farmer; native and resident of this town. Being examined as to the part concerning him in the communication of the municipal president, which part was read to him, he testified that on the 21st of last December, at about 11 o’clock, a.m., an American force under command of Capt. Emmet Crawford, composed of some forty packers, besides four American officers, and one hundred Chiricahua and White Mountain Indians, arrived at Hueverache, encamping on a field belonging to Catarino Grijalva; that shortly after their going into camp several small parties of Indians began leaving camp to steal from other fields, among them one belonging to affiant and another to Francisco Leiva; that in Grijalva’s field they destroyed all the fencing for firewood, and pastured their animals on the crop, totally destroying the same; that in affiant’s field the Indians stole about 800 stalks of sugarcane, valued at $35; that said force was encamped at Hueverache until the 25th of the same month, and that during this time they committed depredations there; and that, as said place is only about 1 mile distant from this town, all day long small groups of these tame Indians used to enter the town; that one night—that of the 23rd—two Indians of one of these groups became intoxicated in the town, and began to be troublesome and disorderly in a manner that the policemen of the town could not restrain them, but had to apply to the commander of the customs guards, Emilio Kosterlitzky, who by accident happened to be in the town, to assist the police and residents; that said Kosterlitzky, with 4 of his soldiers and the policemen, went to re-establish order, when they were attacked by the Indians with stones and clubs, and by one of the Indians with a dagger; that Kosterlitzky then ordered they be fired upon, when one was wounded and another captured, which latter was handed over to the town authorities; that on the same night, that of the 23rd, Captain Crawford, having learned of the troubles and disorders caused by the Indians, directed Lieutenant Maus to ask for the Indian detained by the authorities, which Indian was delivered to him after being fined $5; that this fine was not paid until less than a month ago, when it was paid by an American who came to-this town to disinter the body of Captain Crawford. Further deponent said not. This he signed, adding that the American force broke camp at Hueverache on December 25, and left in direction of Granados.
The testimony being read to him, he declared it to be correct.
So certified.
- JOAQUIN MONGE.
- CECILIO LEIVAS.
- LUIS ARCE,
- F. MORENO TERAN,
Court Witnesses.
EULOGIO PERALTA.
Thereupon appeared before this court citizen Eulogio Peralta, who, being duly sworn, stated that his name is as above written; he is thirty-two years of age; married; policeman; native and resident of this town. Being examined as to the parts referring to him in the communication of the municipal president, and in foregoing affidavits, which parts were read to him, he testified that on the 23rd of last December, at about 7 o’clock p.m., there were several parties of the tame Indians walking about town somewhat drunk, and that one of them began to make disturbances and to commit disorder, which compelled affiant to endeavor to restrain them, but he was unable to check them, as the Indians showed themselves rebellious; that he then went to the municipal president and informed him what was happening, and the latter went to request assistance of a Sir. Kosterlitzky, who with four of his guards and affiant went to restrain the Indians, when the latter attacked them; whereupon Kosterlitzky fired upon them, wounding one Indian and capturing one other, which latter was given into the hands of the town authorities; that the Indians with the American forces were in camp at Hueverache, whence they came daily to town, got roaring drunk, and made disturbances; that on the morning of the 25th, the whole of said forces of Captain Crawford, with their Indians, passed through this town, going in the direction of Granados. He stated that he knows nothing further about it.
This testimony being read to him, he declared it correct and signed the same.
So certified.
- JOAQUIN MONGE.
- EULOGIO PERALTA.
- LUIS ARCE,
- F. MORENO TERAN,
Court Witnesse.
FRANCISCO LEYVA.
In continuation, citizen Francisco Leyva appeared before this court, who, being duly sworn, stated that his name is as above written; he is twenty-seven years of age; bachelor; farmer; native and resident of this town. Being examined as to the part concerning him in the affidavit of Cecilio Leiva, which part was read to him, he testified that it is true; that at 11 o’clock a.m., on December 21, last year, an American force composed of forty packers, four officers, and one hundred tame Chiricahua and White Mountains Indians, under command of Capt. Emmet Crawford, arrived at Hueverache; that they encamped there in a field belonging to Catarino Grijalva, de stroying during the days of their stay the latter’s crops and fences; that during the same time parties of those Indians frequently went into other fields, causing destruction, among them one belonging to affiant, and others to citizens Francisco, Manuel, and Cecilio Leyva; that in affiant’s field the Indians destroyed the fences, and stole all the sugar-cane there was, which he calculated would have made about 3 cargas (about 12 bushels) of unclarified sugar; that the captain was duly informed of these public and notorious thefts, but that no stop was put to them, although this was promised; that the Indians were encamped at Hueverache until the morning of the 25th, when they passed through this town in the direction of Granados; that, as he stated, to his certain knowledge the Indians committed those depredations without being restrained by their commanders, and that some of them even came into town on the night of the 23d, and committed many acts of disturbance while they were drunk, forcing their way into houses, especially into those where women were alone, and taking from them what they wanted; that the policemen of the town, not being-able to check them, asked for aid of a Mr. Kosterlitzky, who happened to be in the town with some soldiers of the customs guards; that the Indians rebelled against these and attacked them with stones while he (Kosterlitzky) was trying to bring them to order, one of the Indians being armed with a dagger; that these disturbances did not cease until an order was given to fire upon them, when one of the Indians was wounded, and one other was captured and placed in jail, whence he was liberated, because (to his knowledge) one of the officers of the Indians offered to pay the fine of $5 imposed by the authorities. Further deponent said not.
This testimony being read to him, he declared it correct and signed the same.
So certified.
- JOAQUIN MONGE.
- FRANCISCO LEYYA.
- LOUIS ARCE,
- F. MORENO TERAN,
Court Witnesses.
On the same date, it was noted that the affidavits of citizens Manuel Franco and Pedro Montoya could not be taken, as they are absent from the town; and also, that this court and its personnel, in compliance with its instructions, now goes to the town of Granados, there to continue this investigation.
So noted.
It being made to appear, in the official report made by the municipal president of this town, on the 27th of last December, to the prefect of the district, that after the passage through this town of a force of Americans and Indians under command of Captain Crawford, he (the municipal president) ordered the field justice to go out with some residents to reconnoiter on the road taken by said force, a subpoena will be issued to said field justice to give evidence, and to state the names of the residents who went with him on that occasion.
Thus the judge of the primary court decreed and signed in presence of his witnesses.
So certified.
- JOAQUIN MONGE.
- LUIS ARCE,
- F. MORENO TERAN,
Court Witnesses.
Foregoing order was complied with on the same date.
GENARO DURAZO.
On the same date, in obedience to subpoena, appeared before this court, field justice of this place, citizen Genaro Durazo, who, being duly sworn, stated that his name is as above written; he is thirty-eight years of age; married; farmer; native and resident of this place. Being examined as to the part concerning him in the report of the municipal president, which part was read to him, he testified that it is true; that, on the 25th of last December, at about 10 o’clock a.m., there passed through this town, in the direction of Bacadéhuache, an American force composed of 40 packers, 4 officers, and 100 tame Indians of the Chiricahua and White Mountains tribes; that a short while after said Indians had passed, affiant received orders from the municipal president of this place to immediately reconnoiter the road by which they went; that he did so, accompanied by citizens Vicente and Julian Durazo; and that on the road to Bacadéhuache, about 2 leagues from this town, some 500 yards to the left of the road, they found in a bunch 6 head of cattle that had just been shot and killed by the tame Indians, and had been cut up for beef; and that near these were some fires at which said Apaches had roasted beef; that 3 of these cattle belonged to Ciriaco Luna, 1 to Evangelista Noriega, 1 to Mrs. Antonia Gutierrez, and 1 to Vicente Durazo; that he then suspended his reconnoitering because it was becoming dusk, and with his companions returned to this town, reporting the facts to the municipal president; that on the following day, the 26th, he again went out with citizens Evangelista Noriega, Ramon Durazo, and Nacario Saure, to finish the reconnoitering; that he followed the same road as on the day before, and about 100 yards from the first-mentioned bunch of dead cattle encountered yesterday, and about. 150 yards off the road, he found 5 more head of cattle also killed by the same tame Apaches on the day before; that of these 1 belonged to Evangelista Noriega, 1 to Ramon Durazo, 1 to Policarpo Moreno, 1 to Jesus Durazo, and 1 to Mrs. Antonia Gutierrez; that he then kept on, but found no more dead cattle, as far as the “Palmita,” which is about 4 leagues from this place, and whence they returned; that there is no doubt that these cattle were killed by the tame Apaches, because he followed their tracks leading from the road to the place of the killing, and he had also noticed small parties of 4 or 5 Indians, detach themselves from the main body; that they came across the trail of those Indians, and he and his companions saw 4 of them taking a direction towards the hill (or ridge) of Cacalote, and they saw others taking different directions; affiant believes the cattle killed by said tame Apaches were worth at least $20 each, taking into consideration their condition and size. Further deponent said not.
This testimony being read to him, he declared it correct, but did not sign the same, being unable to write.
So certified.
- JOAQUIN MONGE.
- M. MIRANDA,
- F. MORENO TERAN,
Court Witnesses.
Let subpoenas be issued to citizens Julian and Vicente Durazo, Evangelista Noriega, Nacario Jaure, and Ramon Durazo, and let their affidavits be taken regarding their knowledge of the facts. And as it appears, from the official reports of the municipal president of Bacadéhuache and of the commissary police of Nacosari, that said same Apaches committed depredations in those places also, therefore let subpoenas be issued, through the local judge of Bacadéhuache, to citizens Marcelo López, Miguel and Rosalio Galaz, José Romero, Severiano Silos, Juan Valenzuela, Benito Garrolo, and Indalecio Hurtado, because by said official reports they are stated to be cognizant of said depredations.
Monday, the 29th instant, at 11 o’clock a.m., is hereby appointed as the time to take such affidavits.
Thus the judge of the primary court decreed and signed the same in presence of his court witnesses.
So certified.
- JOAQUIN MONGE.
- M. MIRANDA,
- F. MORENO TERAN,
Court Witnesses.
On the same day foregoing order was executed.
JULIAN DURAZO.
On the same day, in obedience to subpoena, appeared before this court citizen Julian Durazo, who, being duly sworn, stated that his name is as above stated; he is seventy-five years of age; married; servant*; native of Moctezuma, and resident of this town. Being examined as to the part concerning him in the foregoing affidavit, which part was read to him, he testified that it is true; that on the 25th of last December the field justice of this place, citizen Genaro Durazo came to his house and told him that the municipal president, in consequence of the passage through the place of a force of Americans and tame Chiricahua and White Mountains Indians had ordered him to re-connoiter the road taken by them toward Bacadéhuache; that therefore the justice requested affiant to accompany him in the discharge of this duty; that affiant agreed to do so, and with said justice and Ramon Durazo took the road traveled by the Indians; that about 2 leagues from this place, and about 500 yards to the left of the road, they found 6 head of cattle butchered, and close thereto some fires, at which it could be seen said Indians had roasted beef; that of these cattle 3 belonged to Ciriaco Luna, 1 to Evangelista Noriega, 1 to Mrs. Antonia Gutierrez, and 1 to Vicente Durazo; that owing to its becoming dusk they suspended their search and returned to this town, reporting the result to the municipal authorities; that on the following day, the 26th, to his knowledge, said justice again took the same road to finish the search, but affiant was unable to go with him on account of sickness; that the tame Apaches undoubtedly killed those cattle, because affiant and companions followed the trail of the Indians leading directly to the place; that furthermore he could notice on the road where some parties of Apaches separated themselves from the main body and took different directions, one of them toward the hill (or ridge) of Cacalote; that the cattle which they found killed were worth at least $20 each, taking into consideration their condition and size. Further deponent said not.
This statement being read to him, he declared it to be the truth, and as given by him. He did not sign the same being unable to write.
So certified.
- JOAQUIN MONGE.
- M. MIRANDA,
- E. MORENO TERAN,
Court Witnesses.
RAMON DURAZO.
On the 29th of the same month, in obedience to subpoena, appeared before this court citizen Ramon Durazo, who, being duly sworn, states that his name is as above written; he is twenty-seven years of age; married; stock-raiser; native and resident of this place. Being examined as to the parts concerning him in the foregoing affidavits, which parts were read to him, he testified that they are true; that on the 25th of last December the field justice of this place, citizen Genaro Durazo, came to his house and stated that he was directed by the municipal president, in connection with the passage through this town of an American force, under command of Captain Crawford, with the tame Chiricahua and White Mountain Indians, to make a reconnaissance on the road taken by said force and which leads to Bacadéhuache; that the justice therefore requested affiant to accompany him in the discharge of that duty; that affiant agreed to do so, and in company with said justice and Julian Durazo took the road pursued by the Indians; that about 2 leagues from this place on the said road, and about 500 yards to the left thereof, they found 6 cattle butchered, which had been shot and killed by the Indians; and near there they found some fires, at which it was evident said Indians had roasted beef; that of these cattle 3 belonged to Ciriaco Luna, 1 to Evangelista Noriega, 1 to Mrs. Antonio Gutierrez, and 1 to Vicente Durazo; that night coming on, they returned to this town, reporting the facts to the municipal authorities; that he knows that on the following day, the 26th, said justice again took the same road to finish the search, but that affiant was unable to accompany him, being prevented by his business; that undoubtedly the tame Indians killed those cattle, as this party followed the trail of the Indians, which led directly to the place of the killing; that furthermore it was noticed by his party, when it struck the road, that some small parties of the tame Apaches separated from the main body and took different directions, one of them towards the hill (or ridge) of Cacalote; that the cattle [Page 676] which they found killed were worth at least $20 each, taking into consideration their condition and size. Further deponent said not.
This statement being read to him, he declared it to be correct and signed the same
So certified.
- JOAQUIN MONGE. EAMON DUEAZO.
- M. MIEANDA,
- F. MOEENO TERAN,
Court Witnesses.
VICENTE DUEAZO.
On the same date appeared before this court citizen Vicente Durazo, who, being duly sworn, stated that his name is as above written; he is thirty-three years of age; married; stock-raiser; native and resident of this place. Being examined as to the part concerning him in the affidavit of the field justice, which part was read to him, he testified that it is true that on the 26th of last December, in connection with the passage through this town of an American force under Captain Crawford with their tame Indians, the said field justice came to his house and stated that he was ordered by the municipal president of this place to reconnoiter the road to Bacadéhuache, which said force had taken, for the purpose of determining if the Indians accompanying the same had committed any depredations; that the justice detailed affiant to accompany him; that thereupon he went out with the field justice and Messrs. Nacario Saure and Evangelista Noriega to make the search ordered; that they took the road toward Bacadéhuache, which had been pursued by the American force; that about 2 leagues from this town and about 500 yards to the left of said road they found 6 head of cattle butchered, which had been shot and killed by the tame Indians on the preceding evening; that near to this were the fires at which said Indians had apparently roasted beef; that of those cattle 3 belongecl to Ciriaco Luna, 1 to Evangelista Noriega, 1 to Mrs. Antonio Gutierrez, and 1 to affiant; that they continued the search, and about 500 yards from the first bunch they found 5 more head of cattle, also killed by the Indians; of these latter cattle 2 had been cut up for beef and 3 left untouched; 1 of them belonged to Evangelista Noriega, 1 to Ramon Durazo, 1 to Poli-carpo Moreno, 1 to Jesus Durazo, and 1 to Mrs. Antonia Gutierrez; that they (affiant and companions) continued in the discharge of this duty, searching about 2 leagues more of the country, but found no other depredations; that it is unquestionable that the tame Indians killed those cattle, because their trail led directly to the place of killing; that furthermore, it was noticed by them on the road that small groups of four or five of the tame Apaches had separated from the main body; that he saw the tracks of four of them taking the direction toward the hill (or ridge) of Cacalote and the others going in different directions; that the 11 cattle killed by the tame Apaches were worth $20 each, taking into consideration their size and condition. Further deponent said not.
This affidavit being read to him he said it was correct and that he had nothing to add, whereupon he signed it.
So certified.
- JOAQUIN MONGE.
- VICENTE DUEAZO.
- M. MIEANDA,
- F. MOEENO TERAN,
Court Witnesses.
EVANGELISTA NORIEGA.
Thereupon, in obedience to subpcena, appeared before this court citizen Evangelista Noriega, who, being duly sworn, stated that his name is as above written; he is forty-two years of age; married; native and resident of this place. Being further examined, he testified that on the 26th of last December the field justice of this place, Genaro Durazo, came to his house, stating he had received orders from the municipal president, in connection with the passage, on the day before, through the town, of the American force under Capt. Emmet Crawford, which force was composed of 40 packers, 4 America officers, and 100 Chiricahua and White Mountains Indians, to make a recon-noissance along the road to Bacadéhuache, taken by said force; that the justice therefore requested affiant to accompany him, which he did; that he and said justice, with Vicente Durazo and Nicario Saure, went out to search the road; that having followed the trail of said tame Indians for a distance of 2 leagues, they found, about 500 yards [Page 677] to the left of the road, 6 head of cattle, which, on the preceding evening, had been butchered by the tame Apaches, and some tires at which beef had evidently been roasted; that, of these cattle, 3 belonged to Ciriaeo Luna, 1 to affiant, 1 to Mrs. Antonia Gutierrez, and 1 to Vicente Durazo; that they continued their search about 200 yards farther up from the dead cattle, and there found 5 others, also killed by the Indians, 2 of them having been cut up for beef and 3 being left untouched; that these belonged, 1 to affiant, 1 to Ramon Durazo, 1 to Policarpo Moreno, 1 to Jesus Durazo, and 1 to Mrs. Antonio Gutierrez; that he has not the least doubt that these depredations were committed by the tame Indians, because their trail was followed up and led to the place of the killing; and that, furthermore, it could be seen that some groups of the tame Apaches had detached themselves from the main body on the road, and had taken an entirely different direction from that pursued by said main force, and that one party of 4 or 5 Indians had headed for the hill (or ridge) of Cacalote; that he is certain that the 11 head of cattle which were shot and killed by the Indians were worth, at least $20 each. Further the deponent said not.
The affidavit being read to him, he declared it correct, but did not sign the same, he being unable to write.
So certified.
- JOAQUIN MONGE.
- M. MIRANDA,
- F. MORENO TERAN,
Court Witnesses.
MACARIO SAURE.
On the same date, in obedience to subpoena, appeared before this court citizen Macario Saure, who, being duly sworn, stated that his name is as above written; he is thirty-seven years of age; widower; stock-raiser; native of Jalisco, and resident of this place.
Being examined as to the parts concerning him in foregoing affidavits, which parts were read to him, he testified that they are true; that on the 26th of last December, affiant being in his house, the field justice, Genaro Durazo, came to him and said that, in connection with the passage through this town of an American force under command of Captain Crawford, composed of 40 packers, 4 officers, and 100 Indians, he had received orders of the municipal president that, accompanied by some residents, he should go out to search along the Bacadéhuache road, by which said force went; that the justice invited him to assist in the performance of this duty; and that he and Evangelista Noriega and Vicente Durazo went out to reconnoiter; that, when about 2 leagues from this town, they found 6 head of cattle which the Indians on the preceding day had shot, killed, and cut up for beef; that furthermore, they found near these cattle some fires, at which beef had apparently been roasted; that these cattle belonged, 3 to Ciriaco Luna, 1 to Evangelista Noriega, 1 to Mrs. Antonia Gutierrez, and one to Vicente Durazo; that continuing their search, about 200 yards farther up, they found 5 more dead cattle, 2 cut up and 3 untouched, also shot and killed by the tame Indians; that these latter belonged,” 1 to Evangelista Noriega, 1 to Ramon Durazo, 1 to Policarpo Moreno, 1 to Jesus Durazo, and one to Mrs. Antonia Gutierrez; that they continued their search about 2 leagues farther, but discovered no other depredations; that he is certain that without question the tame Indians killed those cattle, because their trail led to the place of the killing, and showed that the Indians had left the road, and that different groups of them had detached themselves from the American forces and had taken different directions, one of them going toward Cacalote; that affiant saw the cattle referred to, and that, judging from their condition and size, each of them was worth at least $20. Further deponent said not.
This affidavit being read to him, he declared it correct, but did not sign the same, being unable to write.
So certified.
- JOAQUIN MONGE.
- F. MORENO TERAN,
- M. MIRANDA.
Court Witnesses.
JUAN DURAZO.
On the same day, in obedience to subpoena, appeared before this court citizen Juan Durazo, who, being duly sworn, stated that his name is as above written; he is thirty-three years of age; married; farmer; native and resident of this place. Being [Page 678] examined as to the part concerning him in the communication of the municipal president of this place, which part was read to him, he testified that it is true that on December 26, last year, at about noon, he received orders from the municipal president of this town to take 12 men of this town and 12 men from Guásabas, and to proceed to the hill (or ridge) of Cacalote, whence news had come that on the preceding (fay. the 25th, the tame Apaches had killed 2 persons; that with said force he marched to the hill (or ridge) referred to; that in the evening he arrived at Tinaja, where his force had supper; that there he gave orders to hunt for the trail of the tame Indians overall known outlets. This being done, he continued the march as far as to the force of said hill (or ridge) and near the last station he found the corpse of Francisco Lavandera; that thereupon he placed the greater part of the force in defensive positions, and ordered the rest to hunt for the other corpse, which was found at a short distance and recognized as young Tomas Moreno; that ho took up the remains and had them buried at that place, and that he then returned to the foot of the hill (or ridge), where he remained until daybreak of the 27th, when he gave orders to re-examine the trails upon the hill (or ridge) which they saw on the evening before; that following the trails they found 3 donkeys which the same Indians had killed, and some pack-saddles and bundles of sacks which they had scattered about; that these, which had belonged to the victims, they brought with them to this town, whither they came, by Tinaja, with due precautions; that he made his report to the municipal president; that he has not the least doubt that the tame Apaches committed these depredations, because their trail, still “hot,” was found in the pass of Tinaja and at other places; that it could be seen clearly that when the Indians went out of Granados on the 25th, a small group of them had detached itself, heading for said hill (or ridge). Further deponent said not.
This affidavit being read to him he declaredit correct, and added that Moreno left a brother and a sister living at Guásabas, whose names are Refugio and Ramona, and: that Lavandera leaves only his widow, Ramona Moreno, sister of Tomas, who also lives at Guásabas.
Affiant then signed this affidavit.
So certified.
- JOAQUIN MONGE.
- JUAN DURAZO.
- M. MIRANDA,
- F. MORENO TERAN,
Court Witnesses.
JESUS LAGUNA.
Thereupon, in obedience to subpœna, appeared before this court citizen Jesus Laguna, who, being duly sworn, stated that his name is as above written; he is twenty-one years of age; bachelor; farmer; native and resident: of this place. Being examined in relation to foregoing affidavit, he being one of the force mentioned, he testified that on the 26th of last December, at about noon, he received orders from the municipal president of this town, to join others of the neighbors about to make an expedition to the hill (or ridge) of Cacalote, as it was reported that the tame Indians had killed 2 persons there; that some 20 residents of Guásabas and Granados, under command of Juan Durazo, went on this expedition; that they, went out and arrived at Tinaja, following the trail of the Indians; that after having supper there, they crossed more trails and so continued their march to the foot of the hill (or ridge) of. Cacalote, where they waited for the rising of the moon; that after the moon came out, they followed the trail of the Indians ascending the hill (or ridge), and that at the last station upon it they found the corpse of Francisco Lavandera.; that they kept up their search, and at a short distance they found another corpse, that of Tomas Moreno; that they returned to the foot of the hill, and there waited for daybreak; that very early in the morning they again ascended the hill, and near where the corpses were discovered they found 3 donkeys killed by the same Indians, and 3 pack-saddles and 2 bundles of sacks which they had scattered about; that there they buried the corpses, and then with many precautions returned to this city, making report to the municipal president; that affiant has no doubt that it is certain that the tame Apaches committed those depredations, because at Tinaja their trail was still “hot,” and showed that a small group of the tame Apaches had branched off from the force of 100 (Indians) which had passed through this town with the American force on the day preceding the depredations. Further deponent said not.
This testimony being read to him, he declared it correct, adding that the deceased Tomas Moreno left relatives, a brother, Refugio, and a sister, Ramona, who live in the [Page 679] town of Guásabas, and that the only relative left by Francisco Lavandera is his wife, Ramona, sister of aforesaid Tomas, who resides at Guásabas. Foregoing he signed.
So certified.
- JOAQUIN MONGE.
- JESUS LAGUNA,
- M. MIRANDA,
- F. MORENO TERAN,
Court Witnesses.
PRIMTTIVO ZEPEDA.
On the same date, in obedience to subpoena, appeared before this court citizen Primitive Zepeda, who, being duly sworn, stated that his name is as above written; he is thirty-three years of age; bachelor; stock-raiser; native and resident of this place. Being examined in relation to foregoing affidavits, he having been one of the residents that accompanied citizen Juan Durazo, he testified that the statements made in their affidavits by citizens Juan Durazo and Jesus Laguna are all true; that on the 26th of last December affiant received a direct order from the municipal president of this town to join some residents of Guásabas and of this place about to make a reconnoissance at the hill (or ridge) of Cacalote and its vicinity, because news had arrived that the” tame Apaches had killed 2 persons; that at noon of the same day he and said residents went out in the direction of said hill (or ridge) following the trail of the Indians along the road; that arriving at Tinaja supper was ordered, and they also found some trails there; that hereupon they went to the foot of said hill (or ridge), where they waited till the rising of the moon; that when the moon came out they ascended the hill, following the Indians” trail; that arriving at the last station upon the hill they found the corpse of Francisco Lavandera, and at a short distance that of Tomas Moreno; that then they went to the foot of the hill and waited for daybreak, 27th; that when it again became daylight, they reascended the hill and found 3 donkeys killed by the Indians, and 3 pack-saddles and 2 bundles of sacks which the Indians had scattered about; that they interred the corpses there, and then cautiously came back to this town and reported the facts to the authorities; that there is no doubt that the tame Indians committed those depredations, because by their trail in the Cajon de Tinaja it was plain that a small group of Indians had detached itself from the American forces that passed through this town on December 25th. Further deponent said not.
This testimony being read to him, he declared it correct. He did not sign it, being unable to write.
So certified.
- JOAQUIN MONGE.
- M. MIRANDA,
- F. MORENO TERAN,
Court Witnesses.
MARCELO LÓPEZ.
On the 29th of the same month, in obedience to subpoena, appeared before this court citizen Marcelo López, who, being duly sworn, stated that his name is as above written; he is fifty-six years of age; married; stock-raiser; native and resident of Bacadéhuache, transiently at this place. Being examined as to the part concerning him in the communication of the municipal president of the town of Bacadéhuache, which part was read to him, he testified that it is true; that on the 26th of last December, at about 6 o’clock a.m., there passed through the town of Bacadéhuache an American force, composed of 40 packers, 4 American officers, and 100 Chiricahua and White Mountain Indians, under command of Capt. Emmet Crawford; that this force, on the night preceding that of the 25th, had encamped about two miles from the town at a station called Agua Caliente, where, according to report, they arrived quite late; that after said force had passed through the town of Bacadéhuache, affiant received an order of the municipal president to accompany the field justice and citizens Rosalio Galás, José Romero, and Miguel Galás, who were about to reconnoiter the country where the tame Apaches and American force had been encamped; that they went to Agua Caliente, and there found 2 steers (property of Francisco Valencia) cut up for beef, having been shot and killed by the Apaches; that these are all the depredations committed by them at that place; that said force, with the Indians, on January 21, arriving from Nacozari, again passed through Bacadéhuache, going in the direction of [Page 680] Bacerac; that in passing the point called the Mesa of Joso, they shot and killed a cow belonging to Francisco Terán; that then they passed on, encamping at a station called Tinaja, whence, on the following day, they took the road leading to Bacerac, without committing further depredations. Further deponent said not.
This testimony being read to him, he declared it correct, but he did not sign it, being unable to write.
So certified.
- JOAQUIN MONGE.
- M. MIRANDA,
- F. MORENO TERAN,
Court Witnesses.
MANUEL GALAS.
Thereupon, in obedience to subpœna, appeared before this court citizen Manuel Galas, who, being duly sworn, stated that his name is as above written; he is thirty-three years of age; married: stock-raiser; native and resident of Bacadéhuache, transiently at this place. Being examined as to the parts concerning him in the foregoing affidavit and in the communication of the municipal president of Bacadéhuache, which parts were read to him, he testified that it is true; that on the 25th of last December, at dusk, there arrived at a station called Agua Caliente, which is about 2 miles from this town of Bacadéhuache, an American force under command of Captain Emmet Crawford, composed of 40 packers, 4 American officers, and 100 Chiricahua and White Mountain Indians, and encamped there; that on the following day, the 26th, the same force broke camp and passed through the town of Bacadéhuache in the direction of the precinct of Nacori; that on the same day affiant received an order of the municipal president of the place to make, in company with the field justice and Rosalio Galas, Marcelo López, and Jose Romero, a search of the camping ground and vicinity where above-mentioned force had been encamped; that they went to Agua Caliente, and there found two steers that had been cut up for beef (property of Francisco Valencia), which the tame Indians on the preceding evening had shot and killed; that they then returned to the town of Bacadéhuache and made report of what had happened; that on January 21st the same force, under command of Lieutenant Maus, in a somewhat disorderly manner, passed again through Bacadéhuache, on which occasion, in passing through the Mesa of Joso, the same tame Indians shot and killed a cow, the property of Francisco Teran; after which the force encamped on the road leading to Baeerac, 2 leagues from the town of Bacadéhuache, and thence left on the following day without committing further depredations; that the cattle which were killed, taking into consideration their condition and size, were worth at least $20 each. Further deponent said not.
This testimony being read to him, he declared it correct, but did not sign it, being unable to write.
So certified.
- JOAQUIN MONGE.
- M. MIRANDA,
- F. MORENO TERAN,
Court Witnesses.
ROSALIO GALAS.
Thereupon, in obedience to subpœna, appeared before this court the field justice, citizen Rosalio Galas, who, being duly sworn, stated that his name is as above written; he is 36 years of age; stock-raiser; native and resident of Bacadéhuache, transiently at this place. Being examined as to the parts concerning him in the foregoing affidavits and in the communication of the municipal president of Bacadéhuache, which parts were read to him, he testified that they are true; that on December 25th news came to the town of Bacadéhuache that at dusk of that day an American force under command of Captain Emmet Crawford, composed of 40 packers, 4 officers, and 100 tame Chiricahua and White Mountain Indians, had arrived at a station called Agua Caliente, about 2 miles from said town; that the tame Indians with said American force passed through Bacadéhuache on the following day, going in the direction of Nacori, and that on the same day the municipal president of Bacadéhuache ordered affiant that he and citizens Miguel Galas, José Romero, and Marcelo López should reconnoiter where said American force had been encamped; that he and his companions immediately, in obedience to said order, went out, and at the camping ground [Page 681] indicated they found 2 steers cut up for beef (the property of Francisco Valencia, a resident of Sahuaripa), which steers had been killed by the tame Apaches on the evening before; that he came back to town and reported accordingly to the municipal president; that on January 21, of this year, the said American force came back from Nacori, and passing through Bacadéhuache took the road toward Bacerac; and that about 2 leagues from the first point, at a place called “Mesa del Joso,” the tame Apaches killed another head of cattle (property of Francisco Terán); that said American force, under command of Lieutenant Maus, then encamped about 2 leagues from Bacadéhuache, at a place called “Tinaja,” whence on the following day, the 22d, the force left toward Bacerac without committing further depredations; that the cattle killed, considering their condition and size, were worth at least $20 each. Further deponent said not.
This testimony being read to him, he declared it correct, but he did not sign it, being unable to write.
So certified.
- JOAQUIN MONGE.
- M. MIRANDA,
- F. MORENO TERAN,
Court Witnesses.
JOSE ROMERO.
On the same date, in obedience to subpoena, appeared before this court, citizen Jose Romero, who, being duly sworn, stated that his name is as above written; he is 35 years old; married; stock-raiser; native and resident of Bacadéhuache. Being examined as to the parts concerning him in foregoing affidavits and in the communication of the municipal president of Bacadéhuache, which parts were read to him, he testified that it is true; that on the 25th day of last December news reached the town of Bacadéhuache that at dusk of that day an American force, under command of Captain Crawford, composed of 40 packers, 4 American officers, and 100 tame Chiricahua and White Mountain Indians, were encamped about 2 miles from said town, at a station called Agua Caliente; that on the following day, the 26th, this force passed through Bacadéhuache, going in the direction of the precinct of Nacori; that immediately thereafter affiant received orders of the municipal president of the place to go, together with the field justice and citizens Miguel Galàs and Marcelo López, and to search the place where said force had been encamped; that he and his companions made such search and found at Agua Caliente 2 steers (property of Francisco Valencia, a resident of Sahuaripa) which the tame Indians had killed on the evening before; that they then came back to town and so reported to the municipal president; that on the 25th of January, of this year, the same force, under command of Lieutenant Maus, on their return passed again through the town of Bacadéhuache, taking the road leading to Bacerac; that in passing a place known as the “Mesa del Joso” the same Indians killed a cow, property of Francisco Teran, which they left untouched; that then the force arrived at a station called Tinaja, encamping there, leaving thence without committing further depredations, going toward Bacerac; that the cattle killed were worth at least $20 each, taking into consideration their condition and size. Further deponent said not.
This testimony being read to him he delared it correcct; but he did not sign the same, being unable to write.
So certified.
- JOAQUIN MONGE.
- M. MIRANDA,
- F. MORENO TERAN,
Court Witnesses.
CASIMIRO GRAJEDA.
On the 30th of the same month, in obedience to subpoena, appeared before this court the commissary of police of Nacori, citizen Casimiro Grajeda, who, being duly sworn, stated that his name is as above written; he is 55 years of age; married; stock-raiser; native and resident of Nacori. Being examined as to the part concerning him in the communication of the municipal president of Bacadéhuache, he testified that it is true that on the 27th of last December news reached the office under his.charge, that an American force under command of Captain Emmet Crawford, composed of 40 [Page 682] packers, 4 officers, and 100 Chiricahua and White Mountain Indians, was encamped that day at a place called the “Saneito,” 2 leagues distant from Nacori; and that affiant immediately went out to assure himself of the news, and there saw said force; that he then went back to Nacori; and that on the 29th of that month the said Crawford’s force broke camp and passed through Nacori and encamped about a league distant at a station called Temosache; that affiant then ordered citizens Severiano, Sieva, Juan Valenzuela, Benito Garrobo, and Indalecio Hurtado to reconnoiter the place where the force had been; and that, having done so, they came and informed him that between Sancito and Nacori they found 8 head of cattle whieh the tame Indians had shot and killed, they having cut up for beef only one of them; that he so reported to the municipal president of Bacadéhuache; that when the American force passed through Nacori the Indians were in complete disorder, whereupon he ordered above-named persons to also reconnoiter the other road; and that according to their reports no depredations were committed there; that of the 8 cattle mentioned 2 belonged: to Mrs. Carmen Escalente, 2 to Guadalupe Quijada, 2 to Gervasio Valencia, 1 to Arrsteo Antunes, and 1 to Jesus Hurtado; that Crawford’s force was encamped until the 31st, when they went into camp at Basuche, remaining there and making scouts in the direction of Sanuaripaand the Sierra Madre; that on January 21st more than 100 shots were heard in the precinct, in the direction of Temosache; that affiant to discover what was happening, went with 5 men to Temosache, and there found Lieutenant Maus, his interpreter, and 20 to 30 Indians besides; that he approached Lieutenant Maus and requested him to order the Indians to cease firing, which order was given, that subsequently the same Maus, through his interpreter, informed him that Captain Crawford had died in consequence of a wound received by him in an encounter, by mistake, with a force from Chihuahua, and that they had with them the remains to have them interred in this-precinct, to do which he requested and I granted a permit; that affiant, accompanied by Lieutenant Maus’ interpreter, named Tomas, returned from Temosache to his office, and that while on the road the interpreter narrated to him, that while tike American forces were scouting in the Sierra Madre, in pursuit of the hostile Apaches, they attacked the Apaches on January 10, and succeeded in capturing Chief Nané with 9 Indians (men and women); that they then encamped at the place of the attack awaiting peace negotiations with Chief Geronimo, who through a squaw had placed himseli in communication with Captain Crawford; but that at daybreak of the 11th a party of national troops from Chihuahua, that was following the trail of the hostile Indians leading to that place, being misled by this confusing state of affairs, opened fire on them (the American force), whereupon both forces became engaged; and that when Captain Crawford noticed that the (Mexican) national troops were making a mistake, he mounted a large rock and by means of raising a white handkerchief tried to make himself known; that the interpreter did the same; but that, as the firing was quite heavy, Captain Crawford received a bullet in the forehead and fell mortally wounded; that then the interpreter, who had also received a shot in the arm, ran calling out loudly to make known who they were; that presently the national troops came to understand that they were attacking the American force of tame Indians, and ceased firing, and approached to let them know that they had made a mistake; that the same interpreter informed him that Crawford died of the wound after lingering 7 days; that, as he has stated before, in accordance with the permit granted Lieutenant Maus, the remains of Crawford were interred at Nacori on the same day, the 21st; that when the American force was coming to the precinct with the remains of the captain between Temosache and Nacori, at a place called “Cuchilla de Mogoyon,” the tame Indians shot and killed 3 head of cattle, I belonging to Aristeo Antnnez, 1 to Guadalupe Quijada, and 1 to Mrs. Isabel Hurtado; that the 11 cattle killed by the tame Indians, were worth at least $20 each; that on the 22d the American force under command of Lieutenant Maus left Nacori, going in the direction of Bacadéhuache. Further deponent said not.
This testimony being read to him, he declared it correct, and signed the same.
So certified:
- CASIMIRO GRAJEDA.
- JOAQUIN MONGE.
- M. MIRANDA,
- F. MORENO TERAN,
Court Witnesses.
BENITO GARROBO.
On the same date, in obedience to subpoena, appeared before this court the field justice of the precinct of Nacori, citizen Benito Garrobo, who, being duly sworn, stated that his name is as above written; he is thirty-three years of age; married; stock-raiser; native and resident of Nacori. Being examined as to the part concerning [Page 683] him in foregoing affidavit, which part was read to him, he testified that it is true; that on the 27th of last December news reached the commissary’s office that an American force under command of Captain Crawford, composed of 40 packers, 4 American officers, and 100 Chiricahua and White Mountain Indians had arrived at astation called Sancito; which is about 2 leagues from said Nacori; which news was true, as the force Was actually encamped at said station until the 29th, when they broke camp, passing through the town of Nacori on the same day and again encamping about 2 leagues from a town called Temosache; that immediately after their passing through the town affiant received an order from the commissary of police, that he, with citizens Severiano Silva, Juan Valenzuela, and Indalecio Hur-tado should proceed to reconnoiter where the said force had been encamped; that he and companions went to Saneito, where a search failed to discover any depredations; that he then came back to Nacori, following up the trail of the Indians; and that, to one side of the road, they found 8 head of cattle that had been shot and killed by the tame Apaches—only one of them having been cut up for beef, the others being untouched; that of these cattle, 2 belonged to Mrs. Carmen Escalante, 2 to Guadalupe Quijada, 2 to Gervasio Valencia, 1 to Aristeo Antunes, and 1 to Jesus Hurtado; that they kept up the search, but found nothing further; wherefore he and his companions went back to Nacori and reported to the commissary’s office; that on January 21, the firing of more than one-hundred shots was heard in the direction of Temosache, and that, to his knowledge, the commissary (of police) went out to see what had happened coming back in a short time with an American, followed by the American force of Indians bringing the body of Captain Crawford, which was interred at Nacori on the same day, the 21st; that, as the Indians arrived in a disorderly manner, the commissary ordered affiant to make another reconnaissance on the Temosache road; that he went out with the same-companions, and at a distance of about 1 league off from the road, they found 3 head of cattle that had been shot and killed by the tame Apaches; that they continued their search; still further, always on the trail of the Indians, but discovered no further depredations; that he then returned to Nacori and made report to the commissary; that the American force of Indians left Nacori on the 22d, under command of Lieutenant Maus, taking the direction of Bacadéhuache; that the cattle? found, last belonged, 1 to Guadalupe Quijada, 1 to Aristeo Antunes, and 1 to Mrs. Isabel Hurtado, who are all residents of Sahuaripa; that; these cattle, as well as the others killed, were worth at least $20 each. Further deponent said not.
This testimony being; read to him, he declared it correct, but did not sign the same being unable to write.
So certified.
- JOAQUIN MONGE.
- M. MIRANDA,
- F. MORENO TERAN,
Court Witnesses.
SEVERIANO SILVA.
Thereupon, in obedience to subpcena, appeared before this court citizen Severiano Silva, who, being duly sworn, stated that his name is as above written; he is forty-four years of age; married; a native of Sahuaripa, and resident of Nacori. Being, examined as to the parts concerning him in the foregoing affidavits; which parts were read to him, he testified that they are true; that on the 29th of last December an American force of Indians; under command of Captain Crawford passed through Nacori, which force, since the 27th, had been encamped at two leagues distance from this place at a point called Sancito;. that so soon as said force left for Temosache, the field justice came to his house and toldhim that by order of the commissary of police affiant should go with him and citizens Juan Valenzuela and Indalecio Hurtado, to reconnoiter where the American force had been encamped; that with those companions he went to Sancitoy, following the trail of the tame Apaches, and off from the road found 8 head of cattle whieh said Apaches had shot and killed; that only one of them was cut up: for beef and therest were untouched; that these cattle belonged, 2 to Mrs. Carmen Escalante, 2 to Guadelupe Quijada, 2 to Gervasio Valencia, 1 to Aristeo Antunes, and 1 to Jesus Hurtado; that he and his companions continued their search further, but found no other depredations committed; wherefore they went back to Nacori and made report to the commissary. That on January 21, this year, the same force, under command of Lieutenant Miausy again arrived at Nacori, bringing with them the remains of Captain Crawford, which were interred there; and that, as the Indians entered; town in a very disorderly manner, the field justice again ordered him, by direction of said commissary, to make with aforementioned companions a reconnaissance of the road between Nacori and Temosache; that he then went out, following [Page 684] the trail of the Indians, and at a short distance off from the road, about 1 league distant from “Nacori, they found 3 head of cattle that had been killed by the tame Apaches, being the property, 1 of Guadelupe Quijada, 1 of Aristeo Antunes, and 1 of Mrs. Isabel Hurtado; that he continued the search but found no further depredations, whereupon he retraced his steps to Nacori and made report; that said 11 head of cattle, considering their condition and size, were worth $20 each; that the force of Maus left Nacori on the 22d by the road leading to Bacadéhuache. Further deponent said not.
This testimony being read to him he declared it correct and signed the same, adding that the owners of said cattle are residents of Sahuaripa.
So certified.
- JOAQUIN MONGE.
- SEVERIANO SILVA.
- M. MIRANDA,
- F. MORENO TERAN,
Court Witnesses.
INDALECIO HURTADO.
On the same date, in obedience to subpoena, appeared before this court citizen Inda-lecio Hurtado, who, being duly sworn, stated that his name is as above written; he is sixteen years of age; bachelor; farmer; native and resident of Nacori. Being examined as to the parts concerning him in foregoing affidavits, which parts were read to him, he testified that they are true; that on the 29th of last December there passed through Nacori, going toward Temosache, an American force, composed of 40 packers, 4 American officers, and 100 Chiricahua and White Mountain Indians; that this force had been encamped at Sancito, about 2 leagues distant from the precinct, on the 27th and 28th; that so soon as Captain Crawford’s force had passed—which they did in a disorderly manner—the field justice came to him and said he had orders from the commissary (of police) to reconnoiter, with some neighbors, the place where said force had been encamped; that accompanied by the justice himself, and by citizens Severiano Silva and Juan Valenzuela, he made the search as ordered, following the Sancito road over the trail of the tame Indians; that at about 1 league from Nacori, off from the road, they found 8 head of cattle which the Indians had shot and killed, 1 only being cut up for beef and the rest left untouched: that these cattle belonged, 2 to Mrs. Carmen Escalante, 2 to Gervasio Valencia, 1 to Aristeo Antunes, and 1 to Jesus Hurtado; that they continued their search, but found no other depredations, whereupon they returned to Nacori and reported to the commissary: that on January 21 of this year, the same force, under command of Lieutenant Maus, came back by way of Temosache, carrying with them the remains of Captain Crawford, who, as stated, had died in the Sierra 3 days before; and that, as the Indians entered the town in great disorder, the same justice again came to him and ordered affiant to go with him on a reconnaissance on the road which the Indians had followed; that they so reconnoitered over the trail of the Indians, and at a distance of 1 league, more or less, they found 3 head of cattle killed by the Indians, which belonged, 1 to Guadalupe Quijada, 1 to Aristeo Antunes, and 1 to Isabel Hurtado, all of them residents of Sahuaripa; that then affiant returned to Nacori without discovering any other depredations, and made report; that the American force, under command of Lientenant Maus, left on the 22d of that month, going in the direction of Bacadéhuache, having, on the day before, interred the remains of Crawford. Affiant informs the court that he has no doubt that the tame Apaches killed the 11 head of cattle aforementioned, because their trail was plainly followed, and led directly to the places of the killing; that these cattle, which were large-sized and fat, were worth at least $20 each. Further deponent said not.
This testimony being read to him, he declared it correct, and signed the same.
So certified.
- JOAQUIN MONGE.
- INDALECIO HURTADO.
- M. MIRANDA,
- F. MORENO TERAN,
Court Witnesses.
JUAN VALENZUELA.
On the same date, in obedience to subpoena, appeared before this court citizen Juan Valenzuela, who, being duly sworn, stated that he is named as above written; he is fifty-six years of age; married; stock-raiser; native of Sahuaripa; resident of [Page 685] Nacori. Being examined as to the parts concerning him inforegoing affidavits, which parts were read to him, he testified that they are true; that on the 29th of last December an American force, composed of 40 packers, 4 American officers, and 100 Chiricahua and White Mountain Indians, passed through Nacori; that said force had been encamped about 2 leagues distant from the precinct, at a station called the Sancito; that so soon as said force left for Temosache, the field justice came to his house and told him he had orders from the commissary (of police) to take with him some neighbors and reconnoiter where said force had been in camp; that the field justice, affiant, Indalecio Hurtado, and* Juan Valenzuela went out, following the trail of the Indians, and about 1 league from Nacori, off from the road, they found 8 head of cattle which had been shot and killed by the tame Apaches, only 1 being cut up for beef, the rest not having been touched; that these cattle belonged, 2 to Guadalupe Quijada, 2 to Mrs. Carmen Escalante, 2 to Gervasio Valencia, 1 to Aristeo Antunes, and one to Jesus Hurtado; that they continued their search, but discovered no other depredations; whereupon they returned to Nacori, and made report to the commissary; that on January 21 of this year, the same force, under command of Lieutenant Maus, coming from the direction of Temosache, again entered the town, bringing with them the remains of Captain Crawford, who was said to have died in the Sierra three days before; and that as the Indians came in a very disorderly manner, the same justice again came to him and told him to go out with him to reconnoiter on the road by which the Indians had come; that they went out following the trail of those Indians, and about a league—more or less—from Nacori, they found three head of cattle which had been killed by the Indians; that these cattle belonged, 1 to Guadalupe Quijada, 1 to Aristeo Antunes, and 1 to Isabel Hurtado, all of them residents of Sahuaripa; that he then returned to Nacori, without discovering further depredations, and made report; that on the 22d of the same month, the remains of Crawford having been interred on the preceding day, this American force, under command of Lieutenant Maus, left in the direction of Bacadéhuache; affiant informs the court that he has no doubt that the tame Indians killed the 11 cattle aforementioned, because he plainly followed their trail leading directly to the places of killing; that these cattle, considering their condition and size, were worth at least $20 each. Further deponent said not.
This testimony being read to him, he declared it correct, but did not sign it, being unable to write.
So certified.
- JOAQUIN MONGE.
- M. MIRANDA,
- F. MORENO TERAN,
Court Witnesses.
It appearing from the official communication of the municipal presidents of Bacerac and Bavispe, that citizens Ignacio Duvila, Francisco Loreto, Francisco Zosaya, Felix Reynaldo, and Antonio Samaniego, Antonio and Luis Gomez, made claims upon Lieutenant Maus for some animals which had been stolen of them by the tame Apaches; and that Major Kosterlitzky was present on these occasions; therefore, by this day’s mail, let subpoenas be issued to them, through the local judges of those towns, that they shall present themselves before this court, to make affidavits, on the 3d day of coming April at 8 o’clock a.m.
Thus the judge of the primary court decreed, and signed before his witnesses.
- JOAQUIN MONGE.
- M. MIRANDA,
- F. MORENO TERAN,
Court Witnesses.
Thereupon, the foregoing order was complied with.
So certified.
EMILIO KOSTERLITZKY.
On April 3d, same year, in obedience to subpoena, appeared before this court citizen Emilio Kosterlitzky, who, being duly sworn, stated that his name is as above written; he is thirty-two years of age; married; is in the military service; native of the Russian [Page 686] Empire, and resident of Bavispe. Being exramined as to the parts in the communications of the municipal presidents of Guásabas, Bacerac, and Bavispe concerning him, which parts were read to him, he testified that they are true; that on the 23d of last December, he being in the town of Guásabas, there came to him the municipal president of that place, requesting assistance in bringing to oxder7 Indians belonging to the American force encamped 1 mile from said point, under command of Captain Crawford, who were going about-committing misdemeanors and outrages; whereupon he, with 4 soldiers of the custom house guards and the policeman of the place, went to arrest the culprits; that the Indians made resistance, attacking them with stones and one with a dagger; and that he then ordered fire opened on the latter, aiming at him and hitting him; that he also succeeded in capturing one of the other six and delivered him to said municipal authorities; that owing to the darkness of the night they were unable to follow the other five; and that he then returned to his house; that on the following day he left Guásabas and went to Moctezuma, where he remained four days, and then went to Bavispe; that, being at the last-named place on the 28th of January, he received a message from Leiutenant Maus, requesting him to meet the lieutenant on the road from Bacerac to Bavispe; that he complied with the request and went out to meet the lieutenant, which he did near Bacerac; that thence they came to Bavispe, and the conversation turned on the death of Captain Crawford; Lieutenant Maus told him on the road that, at daybreak of January 11th, they found the rancheria of the hostile Indians on the banks of the river Haros, near the Espinazo del Diablo (Devil’s Backbone), where they at once attacked the hostiles, and after some rapid firing, Chief Nané, with one other Indian “buck,” 4 squaws, and 3 papooses, came to him; Gerónimo, with 24 other Indians, having escaped; that Geronimo, through a squaw, informed Captain Crawford that he, with his companions, would present themselves to General Crook; that the force of Apache scouts went into camp in the same rancheria, and that at daybreak of the following day they were attacked by a force of national troops from Chihuahua, whose commander was Santa Ana Perez; that Captain Crawford at once became aware that the Chihuahua force attacked them through a mistake, and wanted to make himself known, for which purpose he went forth unarmed and with a white handkerchief in one hand, calling out that he was the commander of an American force, but that during one of the first volleys he received a mortal wound in the head, from the effect of which wound he died seven days afterwards in the Sierra, and was buried three days afterwards at Nacori; that the American chief guide, a certain Horn, and 3 of the Indian scouts, were also wounded; that within a few moments the firing ceased, and Lieutenant Maus stepped forward to speak with Captain Santana Perez; that of the latters force 1 officer was killed and 5 soldiers were wounded, the latter receiving surgical attendance of the doctor accompanying the American force; that Lieutenant Maus, to facilitate the return march of the national troops of Chihuahua, gave them 6 mules, of which 4 were provided with pack-saddles and 2 with saddles; that both forces then left the place; affiant stated that before their arrival at Bavispe this force was joined by some residents of Bacerac, and that in passing through this town residents of it also joined them; affiant stated that he arrived with the American force at the “Canada de Janos,” where said force encamped at night on their way to American territory, and that in this camp said residents from both towns made claims upon Lieutenant Maus for some animals which they claimed and proved to be their property and which had been stolen and carried off by the same tame Apaches, but that when Lieutenant Maus acknowledged them to be their property and attempted to deliver the animals to their owners, the Indians opposed themselves and would not permit the intentions of the lieutenant to be carried out, but that Lieutenant Maus promised said residents that so soon as he should arrive at Matriz, he would gather up these animals and send them to the owners, he, at the same time, taking a description of the animals; affiant then took his leave of Lieutenant Maus and returned to Bavispe. Further deponent said not.
This testimony being read to him, he declared it correct, and signed the same.
So certified.
- JOAQUIN MONGE.
- EMILIO KOSTERLITZKY.
- M. MIRANDA,
- F. MORENO TERAN,
Court Witnesses.
IGNACIO DÁVILA.
On the same date, in obedience to subpoena, appeared before this court citizen Ignacio Dávila, who, being duly sworn, stated that his name is as above written; he is twenty-nine years of age; married; stock-raiser; native and resident of Bacerac. Being [Page 687] examined as to the part concerning him in the communication of the municipal president of Bacerac, which part was read to him, he testified that it is true; that on the 28th of last January there passed through Bacerac an American force under command of Lieutenant Maus, composed of 40 packers, 3 American officers, and 100 Chiricahua and White Mountain Indians; that when he saw the Indians they were mounted on a mule Belonging to him, on another belonging to Francisco Loreto, on a donkey the property of Jesus Escalante, and on another belonging to Francisco Zosaya; that they, the owners, so reported to the municipal president, who immediately ordered his horse to be saddled, and told affiant to come along and follow the force to reclaim these animals; that affiant went out from Bacerac together with said municipal president and citizens Francisco Loreto and Francisco Zosaya; that they overtook said force before arriving at Bavispe, and went to Lieutenant Maus offering him proof that the latter promised that so soon as he should arrive at the “Cañada de Janos,” where he meant to encamp, he would take the animals from the Indians and deliver them to the owners; that upon such promise they went with said Maus to the designated point; that in passing through Bavispe said force was joined by citizens Felix Reynaldo, Antonio Samaniego, and Luis Gomez, who also wished to reclaim some animals; that upon arrival at the Canada they made their claims, and upon due proof, requested the animals be delivered to them; that Lieutenant Maus went to the Apaches and asked for the animals, but that, as the tame Apaches made threats to rebel, he abstained from insisting, explaining to claimants the grave condition of affairs in which he found himself, and promising that so soon as he should arrive at Matriz, where he could make himself respected, he would take the animals from them (the Indians) and return the same to the owners, at the same time taking a description of such animals; that with this understanding they returned to Bacerac and Bavispe respectively; the said force remaining in camp at the Canada, thence to resume their march to American territory; that after this the Indians committed no further depredations, either there or at other places. Further deponent said not.
This testimony being read to him, he declared it correct, and signed the same.
So certified.
- JOAQUIN MONGE.
- IGNACIO DÁVILA.
- M. MIRANDA,
- F. MORENO TERAN,
Court Witnesses.
FELIX SAMANIEGO.
On the same date, in obedience to subpœna, appeared before this court, citizen Felix Samaniego, who, being duly sworn, stated that he is named as above written; he is forty-one years of age; married; stock-raiser; native and resident of San Miguel de Bavispe. Being examined as to the parts concerning him in the official reports of the municipal presidents of Bacerac and Bavispe, which parts were read to him, he testified that they are true; that on January 28th of this year, there passed through Bavispe an American force, composed of 40 packers, 3 officers, and 100 Chiricahua and White Mountain Indians—more or less—under command of Lieutenant Mans; and that when affiant saw that they were mounted on a mare and mule that belonged to him and which, together with 18 other animals, the same Indians had stolen of him on a previous campaign, he went to the authorities and informed them of what he had seen; and was told to join citizens Ignacio Dávila, Francisco Loreto, and Francisco Zosaya, who also were going to reclaim some animals, and that they all should make their claims known to Lieutenant Maus; in accordance with this order, affiant joined aforesaid persons, who claimed 2 mules and 2 donkeys; that they passed on to the Canada de Janos, where said force went into camp, spoke to Lieutenant Maus, and proved their claims to the animals; that the Lieutenant, wishing to deliver them, went over to the Indians and asked for the animals, when the Indians refused to surrender them; that the Indians became highly incensed at the request of Lieutenant Maus, declined to recognize his authority, and insulted him; that Lieutenant Maus then told affiants that so soon as he should arrive at Matriz, where he could make himself respected, he would collect these animals and send them to the owners, for which purpose he took the description of the animals. Affiant stated to the court that the same tame Indians, while on an expedition last September, stole of him the 20 animals referred to, which is proven by the fact that the 2 which he reclaimed of Lieutenant Maus were of those that in said month were stolen of him; to make this clear, he exhibited a true copy of a certificate which, in connection with an investigation [Page 688] into said theft, he had issued to him, the former by the judge of primary court of the district, the latter by the local judge of the town. Further deponent said not.
This testimony being read to him, he declared it correct, and signed the same.
So certified.
- JOAQUIN MONGE.
- FELIX SAMANIEGO.
- M. MIRANDA,
- F. MORENO TERAN,
Court Witnesses.
LUIS GOMEZ.
Thereupon, in obedience to subpoena, appeared before this court citizen Luis Gomez, who, being duly sworn, stated that his name is as above witten; he is thirty-six years of age; married; stock-raiser; native and resident of San Miguel (de Bavispe), congregation of Bavispe. Being examined as to the parts concerning him in the communications of the municipal presidents of Bacerac and Bavispe, which parts were read to him, he testified that they are true; that on January 28 of this year there passed through Bavispe an American force, under command of Lieutenant Maus, composed of 40 packers, 4 American officers, and 100 Chiricahua and White Mountain Indians (a few more or less); that when affiant saw the Indians they were mounted on 4 mules belonging to him, which had been stolen by the same Indians on the expedition which they made on September 27 last year. He went to the municipal president and reported what he had seen, whereupon that functionary ordered him to join the municipal president of Bacerac and citizens Ignacio Dávila, Francisco Loreto, and Francisco Zosaya, who were going to said force to reclaim some animals, and that they should altogether make their claims. Affiant and Felix Samaniego then joined the persons named, and they arrived at the Cañada de Janos, where the force of Maus went into camp; that there they at once made their claims, exhibiting to Lieutenant Maus documents and their brands, which proved their ownership of these animals; that Maus, being convinced of and respecting their rights of ownership, tried to deliver them and at once went over to where the Indians were; but the latter opposed the delivery, disregarded the authority of Maus, applying to him opprobious epithets, wherefore he abstained, telling affiant and companions in what dilemma he found himself, and promising them that so soon as he should arrive at Matriz, where he could make himself respected, he would collect the animals and send them to the owners, for which purpose he took a description of these stolen animals. Affiant stated that, as he said before, on the 27th of last September, during an expedition made by the same tame Indians on that date, they stole of him, at San Miguel, 20 animals, of which aforementioned 4 were part, as he stated before. To make this clearer and as complete proof of his statement, he requested that the certificate exhibited by Felix Samaniego be referred to as covering his case also. Further deponent said not.
This testimony being read to him, he declared it correct and signed the same. So I (the judge) certify, and state that affiant added that he has neither heard nor knows of any other depredations committed by the tame Apaches in Bacerac and Bavispe on their passage.
- JOAQUIN MONGE.
- LUIS GOMEZ.
- M. MIRANDA,
- F. MORENO TERAN,
Court Witnesses.
ANTONIO SAMANIEGO.
On the same date, in obedience to subpœna, appeared before this court citizen Antonio Samaniego who, being duly sworn, stated that his name is as above written he is forty-one years of age; married; stock-raiser; native of Bavispe; resident of Bacerac. Being examined as to the parts concerning him in the communications of the municipal presidents of Bacerac and Bavispe, which parts were read to him, he testified that they are true; that on January 28th of this year there passed through Bavispe an American force under command of Lieutenant Maus, composed of 40 packers, 3 officers, and 100 Chiricahua and White Mountain Indians (a few more or less); [Page 689] that as Indians of said force were mounted upon some animals belonging to residents of Bacerac and Bavispe, affiant, Luis Gomez and Reinaldo Samaniego, went to the municipal president of Bavispe and informed him that the tame Indians were mounted on 4 mules belonging to Luis Gomez, 1 mule and 1 mare belonging to Felix Samaniego, 1 mule belonging to Ignacio Dávila, 1 mule belonging to Francisco Loreto, and 2 donkeys belonging to Francisco Zosaya; that as these animals had been stolen of them, they wished to recover them; that the said (municipal) president told them to join the municipal president of Bacerac, who with several neighbors was going to reclaim the 4 animals last mentioned; that they so joined and went to the “Cañada de Janos;” that there they immediately informed were theirs, and that they produced the proofs; that Maus wanted to deliver the animals to the owners, and went over to where the Indians were for the purpose of collecting the animals; that the Indians objected to this, refusing to recognize the authority of Lieutenant Maus, and applying to him insulting language; that Maus then explained to affiant and companions in what circumstances he was placed, that owing to the mutiny he could not now deliver these animals; but he gave them his word that as soon as he should arrive at Matriz, where he would make himself respected, he would take the animals from the Indians and send them to the owners; that with this promise they all returned to Bavispe, as did also Kosterlitzky, who was with them; and they left the American force at the “Cañada de Janos,” from which place the latter continued their march toward American territory. Further deponent said not.
This testimony being read to him, he declared it correct, and signed the same.
So certified.
- JOAQUIN MONGE.
- ANTONIO SAMANIEGO.
- M. MIRANDA,
- F. MORENO TERAN,
Court Witnesses.
On the same date, this investigation having been concluded, the original papers were delivered to General Palomares in compliance with orders.
Hermosillo , April 19, 1886.
[Seal.]
I, Gonzalo A. Moray la, chief justice of the supreme court of the State, do certify that the signature of the judge of the primary court of the district of Moctezuma, Joaquin Monge, as affixed to the foregoing papers, is the one as used by him in affixing his signature to all his official documents. And I hereby so certify.
Constitutional Government of the Free and Sovereign State of Sonora .
seal.]
I, Luis E. Torres, constitutional governor of the State of Sonora, do certify: That the foregoing signature of citizen Gonzalo A. Morayla, chief justice of the supreme court of the State, is the one he uses in affixing his signature to all his public documents, and that due faith be given this instrument I issue this certificate.
Attest:
Secretary.
(résumé.)
Constitutional Government of the Free and Sovereign State of Sonora .
seal.]
Comprehending the grave importance of the mission intrusted to you with the greatest confidence, after the sundry conferences we held, it manifestly became our duty to endeavor to have it made clear what depredations had been committed by the tame Apaches who accompanied Capt. Emmet Crawford on his expedition against the hostile Apaches within the territory of this nation. It also seemed proper to ascertain clearly how the said captain came to be killed. With this object in view you went to the seat of government of the district of Moctezuma and began with customary activity to collect the official reports on file in the various public offices of the district, which reports are copied on pages 1 to 13 of the documents transmitted by José Maria Torres, prefect of Moctezuma.
From said reports it stands proven that the tame Indians committed all kinds of outrages and attacks: by killing cattle without consent of the owners and without paying the value therefor; by offending against the persons of citizens and of the authorities, as happened at Gueverache by murdering, as they did, citizens Francisco Lavandera and Tomas Moreno; and finally by stealing and burning, as they did, the sugar-cane and fences in the fields of citizens Catarino Grijalva, Manuel Francisco, and Cecilio Leiva, Pedro Montoya, and Miguel Arvizu. To this must be added the most complete insubordination when the American lieutenant, Maus, wanted to return to their owners some stolen animals, but was prevented from doing so by the threatening attitude assumed by the Indians.
In reference to the death of Captain Crawford, it must be observed that he en camped at the very place where he had captured Chief Nané, and as the (Mexican) forces from Chihuahua were then following the trail of the latter, it is clear that in the attack they believed they had to deal with hostile Indians; that Crawford was killed in the ensuing fight through a positive mistake; that such it was is directly confessed by the interpreter Tomas, and is further proven by the fact that after the occurrence Lieutenant Maus, in a friendly spirit, furnished Perez beasts of burden to carry off the wounded of the latter’s command.
On March 23 you went to the judge of the primary court at Moctezuma and requested him to hold an investigation in due legal form, and that functionary issued orders that the necessary testimony be taken with great care, not only at Moctezuma but also at Guásabas and Granados, the points of the most notorious occurrences, and whither the judge ordered the personnel of the court to proceed. A simple perusal of the proceedings demonstrates the evident truth of the statements in the reports transcribed by the prefect of Moctezuma, and they give confirmation that the killing of Crawford was due to a mistake, declared to be such, not only by the interpreter Tomas, but also by Lieutenant Maus himself, who so stated to the commissary of police of Nacori, Casimiro Grajeda, and to Emilio Kosterlitzky. In my opinion it appears from the proceedings—
- 1.
- That in the last 3d of December, 1885, a force composed of 100 Chiricahua Indians, 40 packers, and 3 American officers, under command of Captain Emmet Crawford, entered the national (Mexican) territory.
- 2.
- That the members of such force either with or without the consent of their commander, certainly by his toleration, murdered two Mexican citizens, killed cattle, appropriating the spoils against the will of the owners, stole quantities of sugar-cane, burned the fences of several fields, outraged a number of citizens, and resisted by force of arms the public authorities, one instance of which is recited by Captain Emilio Kosterlitzky.
- 3.
- That the degree of insubordination on the part of the Indians was such that they did not obey their commanding officer, Lieutenant Maus, who ordered them to return to their owners several stolen animals which the Indians had with them.
- 4.
- That by having committed aforesaid depredations any authorities were liable to confound said force with hostile Apaches; and for this same reason Capt. Santana Perez, who commanded the national forces from Chihuahua, in attacking them, as he did, in the rancheria of Nané where the Indian Geronimo had been taking refuge, did not thereby commit any imprudent or punishable act; that the death of Captain Crawford was the result of a simple error; that is also to be remarked that the force commanded by Perez had 1 man killed and 5 men wounded.
After the foregoing summary I deem it proper, in my humble judgment, to inform you that you have in due and satisfactory manner fulfilled your delicate mission, the only omission being that the signature of the judge of the primary court was not “legalized” by the chief justice of the supreme court of the State, and those of the latter and of the prefect of Moctezuma by the governor, which is necessary in case the proceedings are to be made use of at the capital of the Republic.
[Page 691]This is a dictamen issued by roe in compliance with my duty; and I assure you of my consideration and my special and distinguished appreciation.
- ANTONIO JAUREGUI y
BARIE,
Licenciado. - General Crispin S. de Palomares, Present.
The foregoing is a true copy of the original papers.
Mexico, June 10, 1886.
By order of the chief clerk.
Chief, Section of America.