Mr. Hay to Señor Gamboa.

No. 521.]

Sir: Referring to Mr. Azpíroz’s note No. 28, of the 19th ultimo, calling attention to the complaint of the Mexican, Eulogio Zambrano, that the court of Cameron County, Tex., did not take into consideration the wounds inflicted on him by Private Sam McKenzie, of the Texas ranger force, in sentencing the said Zambrano to five days’ imprisonment for theft, I have the honor to inclose herewith, for your information, a copy of a letter from the governor of Texas inclosing copies of reports made by the adjutant-general of the State and by other State officers in the matter.

Accept, etc.,

John Hay.
[Page 477]

Mr. Cravens to Mr. Hay.

Sir: I have the honor to inclose you herewith the following papers in connection with the matter of the shooting of Eulogio Zambrano, a Mexican citizen, by Private Sam McKenzie, of the Texas ranger force, in compliance with your request of February 16, 1904, and your subsequent communication regarding the same matter, to wit: (1) Letter of transmissal from John A. Hulen, adjutant-general, under date October 1, 1904, and (2) copies of the following documents mentioned in his said letter, which accompany the same:

* * * * * * *

Owing to the extreme difficulty of securing prompt response to letters written concerning this matter, there has been an unusual delay in transmitting the report which is inclosed.

Trusting that everything will prove satisfactory, I have the honor to be, sir, etc.,

N. A. Cravens, Private Secretary.
[Subinclosure 1.]

Mr. Hulen to Mr. Lanham.

Sir: In compliance with instructions from you last February, I have the honor to herewith inclose original documents in the matter of the shooting of Eulogio Zambrano, a Mexican citizen, by Private Sam McKenzie of the ranger force, regarding which the honorable the Secretary of State addressed you February 16, 1904.

* * * * * * *

The inclosed documents clearly show that Ranger McKenzie was justifiable in the shooting of the Mexican, Eulogio Zambrano; the character of this man, and that he was a deserter from the Mexican army.

In submitting this report I can not refrain from stating that such characters as Zambrano are almost entirely the cause of this State retaining at a great expense three-fourths of the ranger force on the Mexican frontier.

I have been unable to comply with your instructions relative to this matter at an earlier date, owing to my inability to secure the necessary data.

Very respectfully,

John Hulen, Adjutant-General,
[Subinclosure 2.]

Mr. Hughes to Mr. Hulen.

Sir: In obedience with your request to report to you the wounding of Eulogio Zambrano by Private Sam McKenzie of my company of the ranger force, I beg leave to submit the following report:

On January 23, 1904, Mr. James A. Browne, a resident of Brownsville, reported to Ranger McKenzie that a gun had been stolen from him. McKenzie found the gun in a pawn shop, and learned that it had been pawned by Eulogio Zambrano. A warrant was procured and Zambrano arrested. When McKenzie started to jail with Zambrano, the prisoner attempted to escape by running. McKenzie commanded him to halt, but the man continued to run. McKenzie being crippled in one leg, knew that he would be unable to overtake him, drew [Page 478]his pistol, and fired over the head of the fleeing man. This failing to stop the man, he then fired two more shots which hit the man. As soon as the man was so disabled that McKenzie was able to catch him, he ceased to fire and took the prisoner to jail. McKenzie surrendered himself and was placed under bond to await the action of the grand jury, which convened on Monday, February 1, and adjourned February 10. During this session of the grand jury this case was investigated, but no indictment found against McKenzie.

Sam McKenzie was placed with the Brownsville detachment of the ranger company on acount of his being able to speak the Mexican language, his friendship toward the Mexican people, and his popularity with them. He bears no animosity against the Mexican people whatever. He is their friend and they are his friends. The reason that more Mexicans than Americans have been wounded and killed by the rangers in the vicinity of Brownsville is that the number of Mexicans is so much greater than that of Americans.

Very respectfully,

John R. Hughes,
Captain Company D, Ranger Force.
[Subinclosure 3.]

Mr. Turk to Mr. Hulen.

Dear Sir: I have just learned that there has been considerable agitation relative to the shooting of Eulogio Zambrano by Mr. Sam McKenzie, a State ranger, in this city, about January, 1904.

In this connection, please allow me to state that I was foreman of the grand jury of Cameron County, during the February term of the district court, that being very soon after the shooting occurred.

I take pleasure in saying that the matter was taken up by the grand jury, and the circumstances of the shooting were thoroughly investigated, and it was the unanimous opinion of the grand jury that Mr. McKenzie was fully justified in his action, wherefore the grand jury refused to return a bill against him,

I witnessed the shooting, and am thoroughly familiar with all the facts surrounding it.

While we feel that the shooting was entirely justifiable, yet we are all glad to know that Eulogio Zambrano has at this time completely recovered, and is now going about the streets apparently a well man.

Hoping that this will be of some assistance to you in the premises, and assuring you that if I can be of any further service to you in the premises, I will take pleasure in so doing,

I remain, etc.,

Aaron Turk,
Foreman Grand Jury, February Term.