It appears that on the 12th of January last, while encamped in Sonora,
Mexico, Lieutenant Maus, of the First United States Infantry, then
commanding the expedition from the United States against the hostile
Indians, was called away from his camp by the cries of his interpreter, who
had gone after some stock which had previously been captured by the American
troops from the hostile Chiricahuas. On approaching the place whence the
cries proceeded, which was at some distance from the camp, Lieutenant Maus
discovered his interpreter in the company of a party of Mexican troops,
about fifty in number, who, at first professing to be friendly, presently
began to demand of Lieutenant Maus a portion of the stock belonging to the
United States and in the custody of his command, and upon his refusing to
comply assumed a threatening manner. He offered them some of the captured
stock, but they would not accept it, demanding mules instead.
While this parley was in progress, the detention of Lieutenant Maus (which
you will find fully detailed in the body and inclosures of my No, 148,* of March 20 last, to Mr.
Jackson) became known to his scouts, and produced great excitement among
them, which was doubtless quickened and intensified by the fact that
previously, on the same day, Captain Crawford, while in command of the same
expedition, had received a mortal wound at the hand of Mexican troops, the
same troops, indeed, that were now detaining Lieutenant Maus and clamoring
for a portion of his stock. Momentarily apprehensive lest a fight might
begin, Lieutenant Maus, acting, for the best interests of his command, which
was not at the moment prepared for a conflict of arms, delivered into the
hands of the Mexican troops 6 mules, 4 aparejos complete, 6 halters and
straps, 6 blankets, 2 saddles, 2 bridles and 2 mantas, all of which, it is
not doubted, the Mexican Government will return to the Government of the
United States, or make compensation for, together with reasonable
indemnification for the loss suffered by the United States in being deprived
of the use of the property in question since the time of its delivery to the
Mexican troops.
The value of this property is estimated at $1,500 and the damage resulting
from its loss at $500.
You will present the case herein set forth to the Mexican Government, and ask
for the return of the property described, or compensation therefor upon the
terms above stated.
[Inclosure 1 in No. 23.]
Mr. Endicott to Mr.
Bayard.
War
Department,
Washington
City, October 25,
1886.
Sir: I have the honor to inclose for such
action as you may deem proper a copy of the proceedings of a board of
survey, convened at Fort Bowie, Ariz., by Field Orders No. 46,
headquarters Department of Arizona, in the field, dated May 13, 1886, to
examine and fix the responsibility for certain quartermaster’s stores,
for which Second Lieut. J. M. Neall, Fourth Cavalry, was responsible,
and which were reported lost and abandoned during the recent operations
against the hostile Chiricahua Indians.
Your attention is invited to the recommendation of the board that the
Mexican Government should be held responsible for 6 mules, 4 aparejos, 6
halters and straps, 6 blankets, 2 saddles, 2 bridles, and 2 mantas,
delivered to the commander of some Mexican troops by First Lieut. M. P.
Maus, First Infantry, on January 12, 1886. The board is of opinion that
in giving up this property Lieutenant Maus acted, according to his
judgment, for the best interests of his command at the time, and for the
public good, and that the Mexican Government should be called upon to
return this property or pay to the United States its value, which is
estimated at (1,500; also, the money value of the damage sustained by
the United States in thus being deprived of the use of these animals and
articles of public property since that time, estimated at $500, making a
total of $2,000.
Very respectfully, your obedient servant,
[Inclosure 2 in No. 23.]
Proceedings of a board of survey convened at Fort
Bowie, Ariz., by virtue of the following order.
Headquarters Department of Arizona,
In the
Field,
Fort Bowie,
Ariz., May 13,
1886.
[Field Orders No. 40.]
* * * * * * *
(4) A board of survey, to consist of First Lieut. W. E. Wilder, Fourth
Cavalry; First Lieut. P, R. Egau, assistant surgeon; Second Lieut. W. P.
Richardson, Eighth Infantry, is appointed to meet at Fort Bowie, Ariz.,
at 10 o’clock a.m., to-morrow, the 14th instant, or as soon thereafter
as practicable, to examine into, report upon, and fix the responsibility
for certain articles of quartermaster’s stores, for which Second Lieut,
J. M. Neall, Fourth Cavalry, is responsible; and which are reported as
having been lost and abandoned during the recent field operations
against the hostile Chiricahuas.
By command of Brigadier-General Miles.
William A.
Thompson
,
Captain Fourth
Cavalry, A. A. A. G.
Fort Bowie, Ariz., June 22, 1886.
The board met at 10 o’clock a.m., to-day, pursuant to the above
order.
Present, all the members.
The board then proceeded to an examination of the evidence adduced by
the responsible officer, Lieutenant Neall, and hereto appended in
the form of affidavits and certificates.
Henry Daly, a packmaster in the service of the United States, makes
affidavit that on or about the 12th day of January, 1886, he was
serving with his train in an expedition against hostile Chiricahua
Apaches in Sonora, Mexico; that some trouble ensued between the
United States forces and some Mexican troops; that to compromise
this matter he was ordered by the commanding officer of his
expedition, First Lieut. M. P. Maus, First Infantry, to turn over to
the Mexican commander 6 mules, 4 aparejos complete, 6 halters and
straps, 6 blankets, packs, 2 saddles, 2 bridles, and 2 niantas, all
of this the property of the United States, and for which Second
Lieut. J. M. Neall, Fourth Cavalry, is responsible. Deponent states
that no blame can attach to himself or to the responsible officer
for the loss of above-mentioned property, (Affidavit appended,
marked E.)
Lieutenant Maus, First Infantry, certifies that on the 18th of
January, 1886, he was camped in Mexico, after an engagement with
Mexican troops, which had resulted in mortally wounding Captain
Crawford, Third Cavalry, and others; that while he was engaged in
making litters to carry the wounded he was called away from camp by
the cries of Concepcion, his interpreter, who had gone after some
stock, previously captured from the Chiricahuas; that he was farther
drawn away from his camp by the invitation of, some Mexicans whom he
found with Concepcion, and who assured him that they were entirely
friendly. When Lieutenant Maus was some distance from camp, the,
manner of the Mexicans, about fifty in number, became very
threatening and they began to make demands upon him for a portion of
his stock. He offered them some of the captured stock, but they
would not accept it, demanding mules instead.
Lieutenant Maus further certifies that he could show no authority for
his presence in that country, and thinks the Mexicans were only
prevented through fear from treating him as an outlaw; that his
detention by the Mexicans caused great excitement among his scouts,
and that he momentarily expected a fight to begin; that under these
circumstances, considering the nature of the country he was in, and
his limited supply of ammunition, he deemed it prudent and for the
best interests of his command that he give up to the Mexicans the
animals they demanded.
He therefore delivered into their hands 6 mules and some articles
belonging to them, which would otherwise have been abandoned. These
animals and articles of public property are now in the hands of the
Mexican Government. Lieutenant Maus certifies that he took receipt
for these stores, which receipt is now on file at department
headquarters.
(Certificate appended, marked I.)
The board, after a careful consideration of the evidence furnished,
is of the opinion that the Mexican Government sbouldbe held
responsible for 6 mules, 4 aparejos complete, 6 halters and straps,
6 blankets, pack, 2 saddles, 2 bridles, and 2 mantas, delivered into
the hands of some of its troops by First Lieut, M. P. Maus, on the
12th day of January, 1886.
[Page 676]
The board is of opinion that in thus giving up this property
Lieutenant Maus acted, according to his judgment, for the best
interests of his command at the time, and for the public good; and
that the Mexican Government should be called upon to return this
property, or pay to the United States its money value, which is
estimated at $1,500; also the money value of the damage sustained by
the United States being thus deprived of the use of these animals
and articles of public property since that time, estimated at $500,
making a total of $2,000.
The board recommends that Second Lieut. J. M. Neall, Fourth Cavalry,
A. A. Q. M., Fort Bowie, Ariz., be relieved from responsibility for
all the above, and that he be authorized to drop from his returns 17
mules, 7 aparejos, 10 halters and 6 halter-straps, 8 blankets, pack,
2 coronas, 2 cinches, 2 saddles, 2 bridles, 181 mantas, and 5
wagon-covers.
- W. E. Wilder,
First Lieut. Fourth Cavalry,
President.
- P. R. Egan,
First Lieut and Asst. Surg. U. S. A.,
Member.
- W. P. Richardson,
Second Lieut. Eighth Infantry,
Recorder.
- Headquarters Department of
Arizona,
Vilcox, Ariz.,
July 27, 1886.
Approved:
- Nelson A. Miles,
Brigadier-General
Commmanding.
- Headquarters Division of the
Pacific,
Presidio of S.
F., Cat., August 7, 1886.
Approved:
- O. O. Howard,
Mayor-Genial Commanding
Division.
- War Department, October 23, 1886.
Approved:
By order of the Secretary of War.
John Tweedale
,
Chief Clerk.
E.
Territory of
Arizona,
Post of Fort Bowie,
ss:
Personally appeared before me, the undersigned authority, Henry Daly,
a pack-master in the sersace of the United States, who, being duly
sworn according to law; deposes and says that on or about the 12th
day of January, 1886, he was serving with his train in an expedition
against; hostile Chiricahua Apaches in Sonora, Mexico; that some
trouble ensued between the United States forces and some Mexican
troops; that to compromise this trouble he was ordered by the
commanding officer of his expedition, First Lieut. M. P. Maus, First
Infantry, to turn over to the Mexican commander 6 mules, 4 aparejos
complete, 6 halters and straps, 6 blankets, pack, 2 saddles, 2
bridles, and 2 mantas, all of this the property of the United
States, and for which Second Lieut. J. M. Neall, Fourth Cavalry, A.
A. Q. M., is responsible. Deponent further states that no blame can
attach to himself or the officer responsible for the above
proceeding which occasioned the loss of the above-mentioned property
to the Government.
Sworn to and subscribed before me this 17th day of
April, 1886, at Fort Bowie,
Ariz.
W. P. Richardson
,
Second Lieut. Eighth Infantry, J. A. G. C.
M.
I certify that par. 1752, A. R., 1881, has been complied
with.
J. M.
Neall
,
Second Lieut.
Fourth Cavalry, A. A. Q. M.
I.
[Telegram.]
Fort Apache, Ariz., April 22, 1886.
To Lieutenant Faison (Recorder Board of Survey), Fort Bowie, Ariz.:
I certify that on the 12th of January, 1886, I was camped in Mexico
after an engagement with the Mexican troops, which had resulted in
mortally wounding Captain Crawford, Third Cavalry, and others, one
scout being so badly wounded as to be
[Page 677]
helpless. I was obliged to move and
necessarily carry Captain Crawford and the one scout by hand on
litters. I was engaged in helping to make the litters, when my
attention was called to loud cries from the interpreter, Concepcion,
who had gone over to a hill for some of our captured stock taken the
previous day, when the hostile camp of Apache Indians was attacked.
I went out to see what was the matter. Besides, Concepcion was
calling for me. I was the only one in camp who could talk Spanish.
On approaching near I saw Concepcion with a number of Mexicans on a
hill. He told me to come along, they only wished to talk about some
horses that they wanted for their wounded. Besides, the Mexicans
told me all were friendly, and to come up. I did so. Among these
Mexicans I saw a sergeant, one Santana Perez, who upon the death of
their officers, killed the previous day, was left in command. When I
reached hira it was raining hard, and a few yards away was a large
rock. I was asked to get under for shelter. I now found that I was
surrounded by about fifty Mexicans. They then said they wanted
animals to carry their wounded away. I said I would loan them six of
the captured animals, telling them that they would not come for them
when I had sent them before. Their manner was now threatening, and
angry. I told them I would go and send the animals to them. They
refused to let me go, and when I protested and started, detained me.
I saw myself at the mercy of these people, and sent Concepcion to
bring over six of the captured animals I had intended to loan them
before. When brought, they refused to accept them, as the Indians
had selected the worst. They now became angry, and my presence in
the country was decided unlawful, and I began to see I was
apparently looked upon by these people as a marauder. I could show
no authority for my presence, and as these people appeared ignorant
and prejudiced lam of opinion that only fear prevented them from
dealing with me as an outlaw.
The excitement among the scouts at this detention of Concepcion and
myself was now very noticeable, as they distrusted as well as feared
these people. They made many demands and said they wanted
serviceable animals. My attention was called to the scouts, who were
shaking their fists, stripping, and getting among the rocks. I told
them I was unable to do any more, and of course I could not control
my men while they kept me where I was. They denounced the scouts,
and became more excited as they saw clearly trouble would come, and
each moment I expected shots to be fired.
My presence was now most necessary with my command. Another fight in
our worn-out condition, with the one belt of ammunition which had
been used in the two fights, and was largely exhausted, our rations
nearly out, and in a country so difficult that we could hardly move
with our present wounded, besides the hostiles near, and the scouts
disgusted that no protection was given them by their uniform of the
United States from this persistent persecution, the situation was
critical. I again told them the necessity of my release, and they
then stated I might go, provided I would let them have six of my
mules. This I promised, they agreeing to receipt for them. I went
back to my camp and got six of my animals and sent them over with
some of the articles belonging to them, that, if not sent, would
have to be abandoned. I demanded the release of Concepcion, whom, it
seemed, was detained in their camp until I had sent the animals as a
guaranty that I fulfilled my word. The scouts, upon his release,
became quiet again. A copy of the receipt for this property is on
file at department headquarters, Fort Bowie. This property is in the
possession of the Mexican Government, and if not returned must be
the fault of the Government in not demanding its return. In my
action in giving over these animals I was guided by the interests of
my command and the public good, for my absence from it for even a
few minutes longer may have so precipitated matters that the command
would have been unable to return to the United States.
