Mr. Hay to Señor Gamhoa.

No. 522.]

Sir: Referring to the Department’s note No. 521, of the 13th instant, I have the honor to inclose herewith for your information copies of a letter and of its inclosures from the governor of Texas containing further information regarding the sentence imposed upon Mr. Eulogio Zambrano by the court of Cameron County, Tex.

Accept, etc.,

John Hay.
[Page 479]

Mr. Cravens to Mr. Hay.

Sir: Referring to your communication of the 24th ultimo, with reference to the complaint of Eulogio Zambrano, a Mexican subject, with reference to his treatment by the officers of Cameron County, I have the honor to inclose you herewith copies of documents relating thereto. * * *

I have, etc.,

N. A. Cravens,
Private Secretary.

Mr. Goodrich to Mr. Lanham.

Sir: I have the honor to acknowledge receipt of your communication of the 28th ultimo, containing inclosures relative to the complaint of Eulogio Zambrano, a Mexican, of this county.

As you will note by the certified copies of the proceedings had before V. Gaviro, justice of the peace, and also before the honorable county court of this county, the proceedings were regular.

The ranger, McKenzie, was arrested, brought before the examining magistrate on a complaint against him of assault with intent to commit murder, and, after hearing the complaint read in open court, waived examination, and was placed under a $500 bond to appear before the honorable district court of Cameron County, Tex., at its next regular session, being the first Monday of February, A. D. 1904, at which term the grand jury failed to indict him for said offense. The Mexican, Zambrano, was arrested on a charge of theft of property under the value of $50, brought before the examining magistrate, and pleaded guilty to the charge, and was bound over to the county court under a $50 bond, in default of which he was committed to the jail of Cameron County, this being the only manner in which said magistrate could dispose of said case. As he has no jurisdiction in cases where the punishment of any misdemeanor is by fine and imprisonment, or where the fine exceeds $200, he could do nothing but examine into said case. In default of furnishing a good and sufficient bond, Zambrano was committed to jail to await trial in the county court at its next (March) term.

On the 21st day of March, in the honorable county court, the defendant was brought into open court, and, after hearing complaint read to him, pleaded guilty. James A. Browne (Santiago Browne) was called, and testified in substance as follows: That upon being informed by one of his workmen that the defendant had taken a gun from his said workman, he (Browne) made a complaint before V. Gaviro, justice of the peace, against said defendant, and the warrant was placed in the hands of Ranger McKenzie, who arrested the defendant, and Mr. Browne, the ranger, and defendant repaired to the pawn shop of one Lastra, where the defendant had pawned said gun (fowling piece), he having told Browne that he had pawned it at Lastra’s pawn shop. Upon arriving at the pawn shop defendant denied he had taken same, but called Mr. Browne to one side and stated that he had taken the gun and pawned it, and at the same time began running down the street, and the ranger, McKenzie, shot at him, the defendant. This is, in substance, the evidence of Mr. Browne. As we had no stenographer to take down the evidence, I can not give the very language of Mr. Browne verbatim, but it was in substance as above given. Mr. Browne was present when the court imposed the punishment on said defendant, and remarked to me that “the punishment was indeed a light one.”

While the judgment of the court does not contain the fact that the court took into consideration the fact that the defendant had been shot while fleeing from the officer making the arrest, the court clearly and distinctly told the defendant, through the interpreter, Mr. Celedonio Garza, that, by reason of his being in jail for two months and having been wounded by the officer making his arrest, together with his plea of guilty, he would impose a very light punishment upon him, and gave said defendant five days in jail. * * *

[Page 480]

The punishment prescribed for theft of property under the value of $50, article 870, Penal Code, Revised Statutes, is as follows: “Confinement in the county jail not exceeding two years, and by fine not exceeding $500, or by such imprisonment without fine.” The defendant, Zambrano, was suffering from the effects of the gunshot wounds for two weeks, during which time he had the “care and attention of the county and city physician, Dr. L. F. Layton. He was not suffering from the effects of the wounds for two months, as contended in his complaint. * * *

I herewith return all papers forwarded me, as requested.

I am, etc.,

E. K. Goodrich,
County Attorney in and for Cameron County, Tex.