[Subinclosure.]
Mr. Goodrich to
Mr. Lanham.
Brownsville, Tex., October 8, 1904.
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.
