FOOTNOTES:[17]Austin, Texas, Sept. 5, 1906.To Whom it May Concern:This is to certify that I did on yesterday examine Captain W.J. McDonald and found him suffering from chronic bronchitis of both lungs, but worse on the left side, having been shot and these organs having been injured.He is now suffering a great deal and very much debilitated. I advised him to suspend his active life for a short while and to go to some water-place for a few weeks of rest. I think it may take three or four weeks for him to recuperate. Respectfully,L.L. Lacey, M.D.That Sergeant McCauley was on hand and turned over the cap marked C.W.A. to the grand jury is shown by the following receipt:Brownsville, Texas, Sept. 12, 1906.Received from William J. McCauley, Sergeant Company B, State Rangers, one United States soldier's cap, marked on sweat-band with name of C.W. Askew.William Volz,Foreman of Grand Jury.[18]During 1908 a secret investigation was being conducted by the War Department, with the result that President Roosevelt recommended the reinstatement of such men as could establish their innocence and were willing to help bring the guilty to justice. A partial report of this investigation will be found in Appendix D, at the end of this volume.JUDGE'S WELCH'S CHARGE TO THE GRAND JURY.However much we may be inclined to criticise Judge Welch's attitude during Capt. McDonald's stay in Brownsville, his charge to the Grand Jury that somewhat later took up the investigation, leaves little to be desired. He said:"And now, gentlemen of the Grand Jury, among the other responsible duties of your position is that of making a full, thorough, and complete investigation of the unprovoked, murderous, midnight assault committed by the negro soldiers of the Twenty-fifth United States Infantry upon the citizens and homes of Brownsville on the night of the 13th of August. An inoffensive citizen was shot down and killed by them while closing his gate. An unwarranted and cowardly assault was made on the Lieutenant of Police of Brownsville, and his arm shattered by their bullets, requiring its amputation."Fiendish malice and hate, showing blacker than their skins, was evidenced by their firing of volley after volley from deadly rifles into and through the doors and windows of family residences, clearly with the brutish hope on their part of killing women and children, and thus make memorable their hatred for the white race. Hard words these, but strictly true and warranted by uncontested facts."It was my province to come among your patient people even while their terrible fears and horror of another outbreak were upon them, and God spare me in my life the sorrow of ever again witnessing the faces of agonized women and fear-stricken children, tensioned with days and nights of suffering and waiting for relief, with none coming from either Nation or State to give them assurance that greater and unspeakable outrages were not to follow."Tardy relief did come. At the eleventh hour the fiends, who disgraced the uniforms they were permitted to wear and shamed a nation, were removed. That all of the three companies were blamable must be conceded, for they knew who were guilty and they shielded and sheltered them, and failed to give them up. Hence it is that it has been left to the civil authorities of the State, and especially to this District Court, to apprehend, if possible, those directly guilty of murder, assault to murder, and the ruffianly conspiracies to that end, as the authorities of the United States, in charge, have declared their inability to discover who were the uniformed thugs and murders that committed the outrages."The lengthy investigation of a committee of your leading citizens, made while these outrages were fresh, is at your service. I also present to you three affidavits made before me by W.J. McDonald, Captain of Company B of the ranger force of Texas, against twelve of the negro soldiers and one civilian, a negro ex-soldier. All these parties are under arrest, and within the jurisdiction of the civil authorities of the State, and to await the action of our courts. Hence it is that if it has ever been known by committee, Sheriff, State Ranger or other officer or individual who, if any of these men are guilty, that knowledge should come to you as the grand inquisitorial body that represents, not only the County of Cameron, but the State of Texas."I have no hesitation in saying that I share in the universal belief that among those under arrest are many of the murderers, but something more than mere belief and opinion are required to vindicate the law. Evidence must be had upon which to predicate an indictment, and warrant a trial. If you indict on mere suspicion or opinion and without evidence, you leave our people and community open to the charge of injustice and the proceedings will resolve themselves into mere delay, for in the end an indictment unsustained by evidence must be dismissed."
FOOTNOTES:
[17]Austin, Texas, Sept. 5, 1906.To Whom it May Concern:This is to certify that I did on yesterday examine Captain W.J. McDonald and found him suffering from chronic bronchitis of both lungs, but worse on the left side, having been shot and these organs having been injured.He is now suffering a great deal and very much debilitated. I advised him to suspend his active life for a short while and to go to some water-place for a few weeks of rest. I think it may take three or four weeks for him to recuperate. Respectfully,L.L. Lacey, M.D.That Sergeant McCauley was on hand and turned over the cap marked C.W.A. to the grand jury is shown by the following receipt:Brownsville, Texas, Sept. 12, 1906.Received from William J. McCauley, Sergeant Company B, State Rangers, one United States soldier's cap, marked on sweat-band with name of C.W. Askew.William Volz,Foreman of Grand Jury.[18]During 1908 a secret investigation was being conducted by the War Department, with the result that President Roosevelt recommended the reinstatement of such men as could establish their innocence and were willing to help bring the guilty to justice. A partial report of this investigation will be found in Appendix D, at the end of this volume.JUDGE'S WELCH'S CHARGE TO THE GRAND JURY.However much we may be inclined to criticise Judge Welch's attitude during Capt. McDonald's stay in Brownsville, his charge to the Grand Jury that somewhat later took up the investigation, leaves little to be desired. He said:"And now, gentlemen of the Grand Jury, among the other responsible duties of your position is that of making a full, thorough, and complete investigation of the unprovoked, murderous, midnight assault committed by the negro soldiers of the Twenty-fifth United States Infantry upon the citizens and homes of Brownsville on the night of the 13th of August. An inoffensive citizen was shot down and killed by them while closing his gate. An unwarranted and cowardly assault was made on the Lieutenant of Police of Brownsville, and his arm shattered by their bullets, requiring its amputation."Fiendish malice and hate, showing blacker than their skins, was evidenced by their firing of volley after volley from deadly rifles into and through the doors and windows of family residences, clearly with the brutish hope on their part of killing women and children, and thus make memorable their hatred for the white race. Hard words these, but strictly true and warranted by uncontested facts."It was my province to come among your patient people even while their terrible fears and horror of another outbreak were upon them, and God spare me in my life the sorrow of ever again witnessing the faces of agonized women and fear-stricken children, tensioned with days and nights of suffering and waiting for relief, with none coming from either Nation or State to give them assurance that greater and unspeakable outrages were not to follow."Tardy relief did come. At the eleventh hour the fiends, who disgraced the uniforms they were permitted to wear and shamed a nation, were removed. That all of the three companies were blamable must be conceded, for they knew who were guilty and they shielded and sheltered them, and failed to give them up. Hence it is that it has been left to the civil authorities of the State, and especially to this District Court, to apprehend, if possible, those directly guilty of murder, assault to murder, and the ruffianly conspiracies to that end, as the authorities of the United States, in charge, have declared their inability to discover who were the uniformed thugs and murders that committed the outrages."The lengthy investigation of a committee of your leading citizens, made while these outrages were fresh, is at your service. I also present to you three affidavits made before me by W.J. McDonald, Captain of Company B of the ranger force of Texas, against twelve of the negro soldiers and one civilian, a negro ex-soldier. All these parties are under arrest, and within the jurisdiction of the civil authorities of the State, and to await the action of our courts. Hence it is that if it has ever been known by committee, Sheriff, State Ranger or other officer or individual who, if any of these men are guilty, that knowledge should come to you as the grand inquisitorial body that represents, not only the County of Cameron, but the State of Texas."I have no hesitation in saying that I share in the universal belief that among those under arrest are many of the murderers, but something more than mere belief and opinion are required to vindicate the law. Evidence must be had upon which to predicate an indictment, and warrant a trial. If you indict on mere suspicion or opinion and without evidence, you leave our people and community open to the charge of injustice and the proceedings will resolve themselves into mere delay, for in the end an indictment unsustained by evidence must be dismissed."
[17]
Austin, Texas, Sept. 5, 1906.To Whom it May Concern:This is to certify that I did on yesterday examine Captain W.J. McDonald and found him suffering from chronic bronchitis of both lungs, but worse on the left side, having been shot and these organs having been injured.He is now suffering a great deal and very much debilitated. I advised him to suspend his active life for a short while and to go to some water-place for a few weeks of rest. I think it may take three or four weeks for him to recuperate. Respectfully,L.L. Lacey, M.D.
Austin, Texas, Sept. 5, 1906.
To Whom it May Concern:
This is to certify that I did on yesterday examine Captain W.J. McDonald and found him suffering from chronic bronchitis of both lungs, but worse on the left side, having been shot and these organs having been injured.
He is now suffering a great deal and very much debilitated. I advised him to suspend his active life for a short while and to go to some water-place for a few weeks of rest. I think it may take three or four weeks for him to recuperate. Respectfully,
L.L. Lacey, M.D.
That Sergeant McCauley was on hand and turned over the cap marked C.W.A. to the grand jury is shown by the following receipt:
Brownsville, Texas, Sept. 12, 1906.Received from William J. McCauley, Sergeant Company B, State Rangers, one United States soldier's cap, marked on sweat-band with name of C.W. Askew.William Volz,Foreman of Grand Jury.
Brownsville, Texas, Sept. 12, 1906.
Received from William J. McCauley, Sergeant Company B, State Rangers, one United States soldier's cap, marked on sweat-band with name of C.W. Askew.
William Volz,Foreman of Grand Jury.
[18]During 1908 a secret investigation was being conducted by the War Department, with the result that President Roosevelt recommended the reinstatement of such men as could establish their innocence and were willing to help bring the guilty to justice. A partial report of this investigation will be found in Appendix D, at the end of this volume.JUDGE'S WELCH'S CHARGE TO THE GRAND JURY.However much we may be inclined to criticise Judge Welch's attitude during Capt. McDonald's stay in Brownsville, his charge to the Grand Jury that somewhat later took up the investigation, leaves little to be desired. He said:"And now, gentlemen of the Grand Jury, among the other responsible duties of your position is that of making a full, thorough, and complete investigation of the unprovoked, murderous, midnight assault committed by the negro soldiers of the Twenty-fifth United States Infantry upon the citizens and homes of Brownsville on the night of the 13th of August. An inoffensive citizen was shot down and killed by them while closing his gate. An unwarranted and cowardly assault was made on the Lieutenant of Police of Brownsville, and his arm shattered by their bullets, requiring its amputation."Fiendish malice and hate, showing blacker than their skins, was evidenced by their firing of volley after volley from deadly rifles into and through the doors and windows of family residences, clearly with the brutish hope on their part of killing women and children, and thus make memorable their hatred for the white race. Hard words these, but strictly true and warranted by uncontested facts."It was my province to come among your patient people even while their terrible fears and horror of another outbreak were upon them, and God spare me in my life the sorrow of ever again witnessing the faces of agonized women and fear-stricken children, tensioned with days and nights of suffering and waiting for relief, with none coming from either Nation or State to give them assurance that greater and unspeakable outrages were not to follow."Tardy relief did come. At the eleventh hour the fiends, who disgraced the uniforms they were permitted to wear and shamed a nation, were removed. That all of the three companies were blamable must be conceded, for they knew who were guilty and they shielded and sheltered them, and failed to give them up. Hence it is that it has been left to the civil authorities of the State, and especially to this District Court, to apprehend, if possible, those directly guilty of murder, assault to murder, and the ruffianly conspiracies to that end, as the authorities of the United States, in charge, have declared their inability to discover who were the uniformed thugs and murders that committed the outrages."The lengthy investigation of a committee of your leading citizens, made while these outrages were fresh, is at your service. I also present to you three affidavits made before me by W.J. McDonald, Captain of Company B of the ranger force of Texas, against twelve of the negro soldiers and one civilian, a negro ex-soldier. All these parties are under arrest, and within the jurisdiction of the civil authorities of the State, and to await the action of our courts. Hence it is that if it has ever been known by committee, Sheriff, State Ranger or other officer or individual who, if any of these men are guilty, that knowledge should come to you as the grand inquisitorial body that represents, not only the County of Cameron, but the State of Texas."I have no hesitation in saying that I share in the universal belief that among those under arrest are many of the murderers, but something more than mere belief and opinion are required to vindicate the law. Evidence must be had upon which to predicate an indictment, and warrant a trial. If you indict on mere suspicion or opinion and without evidence, you leave our people and community open to the charge of injustice and the proceedings will resolve themselves into mere delay, for in the end an indictment unsustained by evidence must be dismissed."
[18]During 1908 a secret investigation was being conducted by the War Department, with the result that President Roosevelt recommended the reinstatement of such men as could establish their innocence and were willing to help bring the guilty to justice. A partial report of this investigation will be found in Appendix D, at the end of this volume.
JUDGE'S WELCH'S CHARGE TO THE GRAND JURY.
However much we may be inclined to criticise Judge Welch's attitude during Capt. McDonald's stay in Brownsville, his charge to the Grand Jury that somewhat later took up the investigation, leaves little to be desired. He said:
"And now, gentlemen of the Grand Jury, among the other responsible duties of your position is that of making a full, thorough, and complete investigation of the unprovoked, murderous, midnight assault committed by the negro soldiers of the Twenty-fifth United States Infantry upon the citizens and homes of Brownsville on the night of the 13th of August. An inoffensive citizen was shot down and killed by them while closing his gate. An unwarranted and cowardly assault was made on the Lieutenant of Police of Brownsville, and his arm shattered by their bullets, requiring its amputation.
"Fiendish malice and hate, showing blacker than their skins, was evidenced by their firing of volley after volley from deadly rifles into and through the doors and windows of family residences, clearly with the brutish hope on their part of killing women and children, and thus make memorable their hatred for the white race. Hard words these, but strictly true and warranted by uncontested facts.
"It was my province to come among your patient people even while their terrible fears and horror of another outbreak were upon them, and God spare me in my life the sorrow of ever again witnessing the faces of agonized women and fear-stricken children, tensioned with days and nights of suffering and waiting for relief, with none coming from either Nation or State to give them assurance that greater and unspeakable outrages were not to follow.
"Tardy relief did come. At the eleventh hour the fiends, who disgraced the uniforms they were permitted to wear and shamed a nation, were removed. That all of the three companies were blamable must be conceded, for they knew who were guilty and they shielded and sheltered them, and failed to give them up. Hence it is that it has been left to the civil authorities of the State, and especially to this District Court, to apprehend, if possible, those directly guilty of murder, assault to murder, and the ruffianly conspiracies to that end, as the authorities of the United States, in charge, have declared their inability to discover who were the uniformed thugs and murders that committed the outrages.
"The lengthy investigation of a committee of your leading citizens, made while these outrages were fresh, is at your service. I also present to you three affidavits made before me by W.J. McDonald, Captain of Company B of the ranger force of Texas, against twelve of the negro soldiers and one civilian, a negro ex-soldier. All these parties are under arrest, and within the jurisdiction of the civil authorities of the State, and to await the action of our courts. Hence it is that if it has ever been known by committee, Sheriff, State Ranger or other officer or individual who, if any of these men are guilty, that knowledge should come to you as the grand inquisitorial body that represents, not only the County of Cameron, but the State of Texas.
"I have no hesitation in saying that I share in the universal belief that among those under arrest are many of the murderers, but something more than mere belief and opinion are required to vindicate the law. Evidence must be had upon which to predicate an indictment, and warrant a trial. If you indict on mere suspicion or opinion and without evidence, you leave our people and community open to the charge of injustice and the proceedings will resolve themselves into mere delay, for in the end an indictment unsustained by evidence must be dismissed."
XLI
The Battle on the Rio Grande
ASSASSINATION OF JUDGE STANLEY WELCH. CAPTAIN BILL ORDERED TO THE SCENE. AN AMBUSH; A SURPRISE AND AN INQUEST
Withinthree months from the night of the Brownsville raid, there occurred another tragedy in the banks of the Rio Grande. In the hours of earliest morning of Tuesday, November 6th—Election Day—while asleep in his office room at Rio Grande City, District Judge Stanley Welch, prominently connected with the Brownsville episode, was shot dead in his bed by some unknown assassin;this cowardly killing being doubtless the harvest of factional discord, widely sown and carefully tended in that hotbed of political corruption and violence along the Mexican border.
Rio Grande City lies up the river from Brownsville a distance of about one hundred miles. It is the county seat of Starr County, and has no railroad nearer than Sam Fordyce, the terminus of the St. L.B. & M., some twenty miles away. There are no railroads at all in Starr County—a big county, full of cactus, hard, spiny mesquite grass, Mexicans, and hot burning sand. Riot and plot would flourish naturally, in a place like that, as they do in all Latin-American territory.
Starr County, in fact, is rather more Mexican than Mexico herself, using the word to convey the less fortunate characteristics of that hybrid race. Itis not the better class of citizens that leave Mexico, or Italy, or China, and the United States has suffered accordingly. The border counties of Texas, because of their situation have been peculiarly unfortunate in this regard. In Starr County the elective offices are held almost entirely by Mexicans, and the struggle for place is very fierce and bitter. Affairs generally are conducted by Mexicans, and even the schools are in Mexican hands. From a statement concerning the school trustees and teachers, in Starr County, it appears that out of twenty-four trustees only seven could speak and write the English language, and out of thirty-nine teachers nineteen of them had no knowledge whatever of our national tongue. Commenting on this report, D.C. Rankin of Dallas, in an article in the Corpus Christi Crony, says:
"The male teachers are political heelers for the party in power, and the lady teachers are backed by workers in the ring.... No wonder that law and order amount to nothing in that rotten section, and no wonder that District Judge, Stanley Welch, was assassinated while asleep in his bed. No wonder that when Rangers were sent there to preserve the peace and protect the citizenship from the ravages of the so-called Americanized Mexicans, that they were ambushed and fired upon by a lot of these desperadoes."
It is this story of crime and ambush that we shall undertake to tell in this chapter. When the assassination occurred, District Attorney Kleiber, who also may be remembered as having figured in the Brownsville story, was asleep in the room adjoining the one occupied by Judge Welch—the two inhabiting a small one-story brick building not far from the court-house. They had retired about the same time and Kleiber slept soundly until next morning at seven. Hearing no movement in Judge Welch's room, he called, but received no answer. Thinking the judge had overslept, Kleiber then rose, and opening the door between, called again. The judge did not stir, and going nearer the district attorney saw blood coming from his left side. Judge Welch was lying on that side; the window behind him was up—the shutter closed. He had been shot in the back, from without, through a broken slat in the blind. Attorney Kleiber recalled having beenpartially roused from his sleep by some sudden noise, and now supposed it to have been the fatal shot.
Mr. Kleiber at once notified the authorities, and by eight o'clock news of the murder was on the street. It was Election Day, as already stated, and excitement followed the report, with demoralization among the better element—the party to which Judge Welch belonged. It should be explained here that the two parties in that section are the "Reds" and the "Blues"—nominally Democrats and Republicans, though the distinction would seem one of patronage rather than of politics. In Rio Grande City the party of Judge Welch, called the Reds (Democrats)—is in the minority.
On this Tuesday, November 6th, 1906, its franchise was even more restricted than usual. When the fact of the murder became known about fifty mounted men, "Blues," went through the crowds, demanding that the polls be instantly opened. Local officers were either unwilling or unable to deal with this mob, and open warfare between the Blues and the Reds was imminent. To avoid bloodshed, Chairman Seabury of the Reds assembled the best men among the leaders of the Blues and persuaded them to agree with him that no armed men should approach the court-house, where the voting place had been established; also that one man of each party should be appointed as special peace officer at the polls, and that a Blue and aRed should vote alternately as long as there existed material for such an arrangement.
The agreement was kept two hours, after which the Blues took possession of the court-house; entered the door, and held the same, backed by armed men on foot and on horseback, terrorizing and keeping out most of the opposition voters. When the polls closed at 6:30 p.m., about one hundred and twenty-five electors had not cast their votes.[19]There had been plenty of intimidation and some personal violence, but no loss of life. The elements for riot and bloodshed, however, were all there, and it needed only a little brisk stirring to precipitate a general killing.
Meantime, news of the murder of Judge Welch, with a report of the general situation at Rio Grande City, and a request for Rangers, had traveled overland to Sam Fordyce and by telegraph to Austin, not arriving in time for action that day. Captain McDonald's territory included Starr County—his headquarters having been removed to Alice in 1903,[20]and on Wednesday morning of November 7th, 1906, he was called by telephone from the governor's office at Austin. Governor Lanham himself was at the Austin end and conveyed the news of the assassination, which McDonald had just learned from another source.
"How many men have you at Alice?" inquired the governor.
"Two, including myself. My sergeant, W.J. McCauley, is here. One of my men is on a scout below Corpus Christi, and the other (his force had by this time been reduced to three) is guarding two murderers at Edna."
"Captain," was the governor's next question, "would the fact that you have not been favorably disposed toward Judge Welch since the Brownsville affair make any difference in your undertaking this matter, now?"
"If you think so, Governor, you ought to get another Ranger Captain for this company; a Ranger that would let a thing like that make any difference in a case of this kind would be no good for any purpose that I know of."
"Well, then, Captain, take whatever force you have, and proceed as soon as possible to Rio Grande City, and I will send additional men there, as quickly as possible. I will wire the authorities that you are on the way with one Ranger and that more will follow at once."
"All right, Governor, I'll start first train, and do the best I can."
"And Captain" (The governor had suddenly remembered Brownsville).
"Yes, sir."
"Be conservative, Captain. Investigate, and try to quiet matters, but be conservative, quite conservative, Captain."
"Yes, sir, Governor, all right. I'll be conservative—as conservative as the circumstances will permit."
"Now, do that, Captain. Just quiet matters, and I'll send you reinforcements at once. Only be as conservative as possible till they come."
Captain Bill wasted no time in his preparation. The train would leave in half and hour, and he didn't stop to pack a dress suit. He notified McCauley, and gathered up a young fellow named Marsden, who had Ranger ambitions, and started with such clothes and guns as he had on.
It is a slow, roundabout way from Alice to Rio Grande City. You have to go from Alice over to Corpus Christi and there wait for a train that takes you down to Harlingen. Then at Harlingen you must wait for another train to take you to Sam Fordyce, and at Sam Fordyce you can hire a hack that will carry you to Rio Grande City, unless you are waylaid and murdered along that lonely road which follows the river and winds between a thick growth of cactus, mesquite and all the thorny rank vegetation of that sandy semi-tropical land. Starting from Alice in the forenoon, one with good luck may reach Rio Grande City by ten o'clock at night, though it will be safer to wait at Sam Fordyce until next morning. Those who travel from Sam Fordyce to Rio Grande City after nightfall, go armed, and need to.
Captain Bill had good luck on the way down.While waiting for the Harlingen train at Corpus Christi he fell in with Sam McKenzie, his ranger, who had been on a scout in that section, and at Harlingen he found Blaze Delling, who had resigned from Company B to become U.S. River Guard. He brought both men along, and with a force like that he felt able to cope with a mob of whatever size or nationality. Of course, nothing was known at Rio Grande City of the increase in the Ranger army. It had been given out there that Captain McDonald and one man had been ordered down, and that reinforcements would follow, accordingly as Governor Lanham had wired.
The day was well along when the little army finally reached Sam Fordyce and secured a conveyance for the final stage of their journey. An old frontiersman by the name of Inman, who owned a hack and pair of small mules, agreed to undertake the journey. It was late in the afternoon when they started.
Night fell, clear and starlight, but there was no moon, and the narrow winding southern road hedged thickly with mesquite and yucca and cactus growth was dark enough, except here and there where it opened to the river or to a hacienda (Mexican ranch), with its half dozen thatched huts, or hackles, surrounded by brush fences.
The Rangers drove along quietly, speaking in low voices when they spoke at all, peering into the darkness ahead, for they had no knowledge of whatconditions were awaiting them, or what they were likely to meet along the way. Besides, it is the Ranger practice to go warily on dark nights and not traverse an unknown road with festivity and boisterous mirth.
It was about 8:30 o'clock and they had covered a little more than half the distance to Rio Grande City, when they heard the noise of approaching wheels and vaguely distinguished the outlines of some vehicle in the darkness ahead. They were at the time about opposite Casita Ranch—a poor place with the usual brush fences. Mr. Inman slackened down his mules and pulled the Ranger hack a little to one side of the road, supposing it to be only one of the traveling coaches that make daily trips between Rio Grande City and the railway terminus. But when the approaching vehicle was about thirty paces away, there was a sudden flash in the dark, a report, and a bullet went singing over the heads of the Rangers.
The Rangers were instantly in battle front, guns up and ready. They did not fire at once, however, for there might be some mistake.
"Hold up there!" called McDonald. "We are Texas Rangers! Stop that shooting!" and this admonition Private McKenzie quickly repeated in the Mexican tongue.
CAPTAIN BILL'S LAST BATTLE."As pretty a fight as ever took place on the banks of the Rio Grande."
There was no chance for mistake, after that. The hacks had been moving right along and were now not more than twelve feet apart. Then the approaching hack stopped and three figures with guns were seen to leap to the ground. Captain Bill, who was standing up in the hack with his Winchester leveled on them, thought at first that they were getting out to surrender their arms, and three of his Rangers, McCauley, McKenzie and Delling quickly jumped down, facing them. But at that instant the epithets "Cavarones!" and "Gringoes!" came from the Mexicans, and then "Tetterly! Tetterly!" (Shoot! Shoot!) with which signal the Mexicans, both on the ground and in the hack, let go at the Rangers, point blank, while from behind the brush fence two guns in ambush opened an enfilading fire.
Then for the thirty seconds or so that it lasted, there was as pretty a fight as ever took place on the banks of the Rio Grande. With seven Mexican and five Ranger rapid-fire guns going—a round dozen in all—there was one continuous explosion, and an unceasing glare.
"From where I stood in the hack, I could see the whites of their eyes," Captain Bill said afterward, "and I felt as if I could pick the buttons off their coats. I let go as fast as I knew how, and at a different Mexican every time."
But though rapid, the Ranger fire was cool and accurate, while the Mexican marksmanship was inexcusably bad.
In less than half a minute it was all over. The seven Mexican guns were silenced, the Mexicanforce demolished. In the road, a man lay across his gun, dead. Two were limping and staggering away—one with a broken leg, the other to die; two more—the ambushers—were hiding in the weeds (where they were presently captured), while in the Mexican hack, which was now once more moving slowly along, was a freight of yet two more, both dead.
Sergeant McCauley, from his position on the ground, looked up to where Captain McDonald, still standing in the hack, was already reloading.
"Pretty little fight, Uncle Bill," he said, casual like.
"Yes," said Captain Bill, thoughtfully filling the magazine of his Winchester, "but do you reckon the governor will think we've been conservative enough?"
When the dead and wounded and prisoners were gathered and a general observation of the field was taken, it was found, from the empty shells, that each side had fired about an equal number of shots—some sixty, in all.
Marvelous as it may seem, not a Ranger was touched by any of the thirty or more shots fired at them, though Mr. Inman, the driver, got a pretty hot bullet through the very narrow space just under his arm a bullet that cut his undershirt and scorched his skin, and made him think for the moment that he was wounded. Old veteran that he was, he sat quietly holding his team—a silent observer of the spectacle—only regretting that, being unarmed, he could not have a more active part.
Captain Bill now took Delling and started for Rio Grande City, leaving the remainder of his force in charge of the dead, wounded and prisoners. They kept a sharp lookout for new attacking parties as they drove along, and discussed the recent battle in voices that were jubilant, but modulated.
"Of course, from the governor's telegram, they only expected to meet two men," Captain Bill reflected. "It must have been a sunrise when they suddenly found five guns going." And a little later, speaking out of what seemed a troubled conscience, "But I'm afraid the Governor won't think I was conservative."
Then presently they met two more vehicles coming, this time in a hurry. Ready for action, the Rangers waited until they were up close, then stopped them. They, also, had come to meet the Rangers, but this time with a note from the county judge, telling them to hurry, as the town was up in arms, and an outbreak was momentarily expected.
Captain McDonald sent one of the hacks after his men and their prisoners, with orders to get Mexicans from the Casita Ranch to watch the dead men until the inquest, next day. Then with the other hack he pushed on to Rio Grande City. From the tone of the judge's note he expected to find matters in a desperate condition. When he arrived, however, there seemed to be no special excitement.Everybody was armed and there were groups on the street, but there was little noise or open disturbance. The Ranger Captain looked up the judge and sheriff and made a report of his battle and its results, the news of which was soon both general and effective. When he went out among the crowds and told them to disarm—to go home and put their guns away and quit their foolishness—it was like the dismissal of a State encampment. By the time his men arrived everything was peaceable. It was too late that night to make a report to the governor, but Captain Bill summed up the situation in a telegram next morning. Governor Lanham had protested at the length and cost of a telegraphic report from Brownsville; this time there was no waste of words.
"Rio Grande City, Nov. 8, 1906."Gov. S.W.T. Lanham,"Austin, Texas."We were ambushed; four Mexicans dead, one wounded, two captured; preparing to hold inquest. Everybody disarmed; everything quiet."W.J. McDonald,"Capt. Co. B,"Ranger Force."
"Rio Grande City, Nov. 8, 1906."Gov. S.W.T. Lanham,"Austin, Texas.
"We were ambushed; four Mexicans dead, one wounded, two captured; preparing to hold inquest. Everybody disarmed; everything quiet.
"W.J. McDonald,"Capt. Co. B,"Ranger Force."
That told the story, adequately, cheaply and modestly. The papers over the State made a good deal to-do over it, and reviewed Captain Bill's other exploits—real and imaginary—but to him it was only in the day's work, the work he had beencarrying on for a long time, now, nearly a quarter of a century.[21]
The inquest was held that morning according to program, and the verdict justified the Rangers. After which, the four unlucky Ranger-hunters were buried in a lonely old graveyard near the place where they fell. The names of the four were, Farias, Osuna, Vincia and Perez—all known in Rio Grande City. Their comrade who was wounded, another Osuna, confirmed the Rangers' account of the battle. The original plan had been for all to lie in ambush behind the fence and fire on the Rangers deliberately, at close range. Losing patience, however, in an attempt to clamber over the thick barrier, all but two decided to remain in the hack.
The better element of Rio Grande City, though rejoicing over the results of the ambush, were naturally apprehensive as to what might happen next. Friends of the dead men were numerous, and it was believed that a bloody outbreak with reprisals would follow. Captain McDonald assured the citizens that he had no such fears, and the arrival of State troops and Ranger Company D, Captain Hughes, helped to restore confidence.
Captain Bill did not remain long in Rio GrandeCity. He was still engaged in solving the Conditt problem at Edna and could not undertake to unravel the mystery of Judge Welch's assassination. It remains unraveled to this day. Perhaps time will furnish a clue. Perhaps the secret lies buried in the old graveyard back of the Casita Ranch.
Nothing was ever done with the prisoners taken by the Rangers. That is, nothing was done with the two men caught in ambush. The wounded man was afterward made deputy sheriff, probably as a reward of merit for having engaged in a shooting match with the Rangers and escaped alive.
FOOTNOTES:[19]For further details of the condition at Rio Grande City at this time, see Appendix E.[20]Company B had been transferred from Amarillo to Fort Hancock in 1902 for a comparatively brief period.[21]"The Fort Worth Record," commenting on this report, compared it to Perry's famous "We have met the enemy and they are ours." The Record adds: "Perry and McDonald are made of the same stuff. If McDonald had been in Perry's place he would have been equal to the emergency. If Perry had been in McDonald's place he couldn't have done better."
FOOTNOTES:
[19]For further details of the condition at Rio Grande City at this time, see Appendix E.
[19]For further details of the condition at Rio Grande City at this time, see Appendix E.
[20]Company B had been transferred from Amarillo to Fort Hancock in 1902 for a comparatively brief period.
[20]Company B had been transferred from Amarillo to Fort Hancock in 1902 for a comparatively brief period.
[21]"The Fort Worth Record," commenting on this report, compared it to Perry's famous "We have met the enemy and they are ours." The Record adds: "Perry and McDonald are made of the same stuff. If McDonald had been in Perry's place he would have been equal to the emergency. If Perry had been in McDonald's place he couldn't have done better."
[21]"The Fort Worth Record," commenting on this report, compared it to Perry's famous "We have met the enemy and they are ours." The Record adds: "Perry and McDonald are made of the same stuff. If McDonald had been in Perry's place he would have been equal to the emergency. If Perry had been in McDonald's place he couldn't have done better."
XLII
The End of Rangering and a New Appointment
STATE REVENUE AGENT OF TEXAS. THE "FULL RENDITION" BILL ENFORCED. A GREAT BATTLE AND A BLOODLESS TRIUMPH
TheRio Grande affair was Captain Bill's last Ranger service of dramatic importance. He was continuously busy during the two months that elapsed between that episode and his official retirement, but it was only in the usual line of duty, chasing murderers, putting down riot and disarming unruly men—the things he had done so often that to look back on his career now was to gaze down a kaleidoscopic vista of death and disorder—a whirling maze of bad men and guns.
It was in January, 1907, that he went to Bellville as a witness in a murder case, and it was while he was there, January 16th, that Governor T.M. Campbell, who had just succeeded Governor Lanham, appointed him State Revenue Agent of Texas. Captain Bill's first knowledge of the matter came to him through the morning paper at Bellville. When his duties were over there, he set out for Austin to inquire into it. He knew that a State Revenue Agent was appointed to keep a generalsupervision over the collection of the State revenues—taxes, license money and the like—but he had only a dim idea as to the specific duties of the office. He was by no means certain that he wanted to exchange the wide free life of Rangering, whatever might be its drawbacks, for the routine duties of an office in the Capitol, with a desk, a revolving chair and a stenographer, whatever might be the comforts and perquisites of these things. He was no longer a young man, and he had been shot through from different directions. Desperate wounds, long hard vigils, cold and exposure, had left him weather-beaten and with shoulders and chest no longer as full and erect as in the old days. Yet his eye was just as clear, his ear as alert and his nerve as steady as in the beginning, and if this appointment was merely a sinecure; a reward for deeds performed—a sort of official manifest that he was down and out—he would have none of it. He couldwearout, and he might some day stop a conclusive bullet, but he declined torustout.
Perhaps there was a pretty general belief in Texas that Captain McDonald's appointment was, in fact, a sinecure, but if so the idea was transient. Arriving at the State Capitol, he called on Governor Campbell, without delay.
"How about this appointment, Governor?" he said. "What kind of a job is it?"
"Well, it's a better job than you've got, Captain. The pay is better and it's safer, too. You're goingto die, or be killed, someday, going about in all kinds of weather and getting shot at, from ambush. We can't afford to lose you, just yet."
"Thank you, Governor, I don't want to be lost, either," Captain Bill said in his gentle drawl, "but I don't know as I can fill the bill. What do I have to do as State Revenue Agent, anyway. No chance to handle a gun, is there? I can do that about as well as anything."
Governor Campbell laughed and handed Captain Bill a copy of the statutes.
"There's the law, on the subject," he said. "You'll find all the information you need, right there."
Captain Bill took the book and spent several days reading and re-reading whatever he could find bearing on the matter of tax-paying; also on the duties of tax-assessors and tax-gatherers in general, and on those of the State Revenue Agent in particular. He found that he knew a good deal on the subject, after all; not in technical detail, perhaps, but fundamentally and vitally. In his wide general knowledge of the conditions prevailing in every portion of the State he knew that the poorest counties—those least able to bear the burden—carried a disproportionate load of the State expenses. He had never given the matter much consideration before, taking it for granted that in a new county, and a poor county, taxes could not help being high. This was true, no doubt, but he saw clearly enough, now,that in such counties, taxes had been by far too high, all along, and that the "Full Rendition" law provided a remedy for just that thing. Captain Bill had but one idea about law, which was that it must be enforced. To enforce that law would be interesting, and righteous. He went back to Governor Campbell.
"Governor," he said, "I think this job will suit me pretty well, if I can run it my way."
"Well, Captain, that was what you were appointed for."
"Governor," Captain Bill proceeded, "there's some of our counties and people paying twice as much tax as they ought to, and some of them, the ones that ought to pay most, and the railroads and corporations, are not paying half enough."
Governor Campbell nodded.
"How would you rectify that, Captain?" he asked.
"Well, you see, the tax rate is the same for all counties, and the poor counties to provide for their own home expenses have to assess on a high valuation in order to make the amount big enough to go around, while the rich counties that are practically out of debt assess on a low valuation, sometimes not more than a fourth the value of the property. That might be all right if it was only thehomelevy that counted, but you see theStatelevy is assessed on the same valuation as the home levy, and the result is that a county that is in debt is paying State taxeson a valuation about twice or three times as big as those big rich counties that have had the most benefit from the State and are best able to pay for it. Why those old rich counties get an allowance of school money from the State that is actually more than all the taxes they turn in. Now the way to fix that is to make all the counties assess exactly alike—on full valuation—and get the State levy down where it belongs and the State expense fairly apportioned. The Full Rendition bill provides clearly for this case, and ought to be enforced."
Governor Campbell looked thoughtful. He foresaw the storm that a man with the convictions and determination of Bill McDonald could stir up in a State like Texas. Presently he said:
"Well, Captain, that was what the Full Rendition Bill was passed for, but it's been considered a dead letter, so far."
"It won't be a dead letter if I take the job, Governor. It will be the livest letter in the statute book, for a while."
Campbell smiled grimly. In imagination he already heard the howl that would go up, and the imprecations that would descend upon appointer as well as appointee. After all, perhaps a Ranger Captain in a job like that was not a perfect selection. Then presently he turned to Captain Bill.
"Well, Captain, you've got your appointment," he said.
The State Revenue Agent lost no time in beginning his work. Already many of the annual assessments for 1907 had been made, and if any re-assessments were to be taken there was no time to lose. In 1906 the assessed values of Texas properties had aggregated $1,210,000,000. State Agent McDonald resolved that they should properly be more than double this amount, and he undertook at once the first step in that direction. He did this knowing full well what would result. He knew that a man's purse is his tenderest point, and that to lay a finger on his taxes is to touch a spot already sore. He knew that what he was about to do meant to antagonize practically every corporation in the State, and every rich county as a whole. Also, perhaps, a majority of the press. Papers that had lauded him to the skies for his achievements would be first to belittle him, now, and to cry him down. What he was undertaking was distinctly a minority crusade; a struggle for the pioneer; a fight for the under dog.
Yet I think his chief consideration was the enforcement of the law. That would be likely to be so; the law's enforcement had been his habit so long. If the other things weighed at all, they probably only added zest to his resolve.
He began by issuing a general letter to assessors throughout the State. In part the letter ran:
"Dear Sir:"As State Revenue Agent with well defined duties imposed upon me, I feel called upon to communicate with Tax Assessors relative to the rendition and assessment of real and personal property for Taxation...."An inspection of the tax rolls of your county for 1906 and some years prior thereto, discloses the fact that real and personal property is assessed at only a certain percentage of its value instead of "at its value" as required by the Constitution and laws of the State. I will take occasion during the year to visit such counties as may be practicable and examine into the mode of rendition and assessment ... and I hope to have your assistance."
"Dear Sir:
"As State Revenue Agent with well defined duties imposed upon me, I feel called upon to communicate with Tax Assessors relative to the rendition and assessment of real and personal property for Taxation....
"An inspection of the tax rolls of your county for 1906 and some years prior thereto, discloses the fact that real and personal property is assessed at only a certain percentage of its value instead of "at its value" as required by the Constitution and laws of the State. I will take occasion during the year to visit such counties as may be practicable and examine into the mode of rendition and assessment ... and I hope to have your assistance."
The letter then called attention to, and quoted from, the law, setting forth the duties which good officers and citizens would perform in full, and the penalties for being, and doing, otherwise. Near the end of this letter he said:
"This duty is imposed upon you by the law, and I suppose I am not presumptuous in asking you to follow it strictly so that there will be no embarrassment when I call for the purpose of making an investigation," etc., etc.
"This duty is imposed upon you by the law, and I suppose I am not presumptuous in asking you to follow it strictly so that there will be no embarrassment when I call for the purpose of making an investigation," etc., etc.
It was a careful dignified letter, entirely justified by the conditions. It is true the Revenue Agent did not fully explain in that last clause just what would be likely to cause the "embarrassment" when he appeared upon the scene "for the purpose of making an investigation," and the thoughtful assessor who had followed Bill McDonald's career and remembered some of his former investigationsmay have inferred that it would have something to do with guns.
Certainly that letter made those assessors mad. Also it made the people mad. And the newspapers. Even the people and newspapers of the counties that would benefit by the Full Rendition law—not quite understanding, at first—got mad as a preparation for further enlightenment. Never, since Joseph laid a twenty per cent. levy on the Egyptians, after first taking away all of their land, was there such a general madness over any tax order under the sun. In all the history of Texas there had been no such commotion—such a cyclone of indignation as that which had its storm center in the State Revenue Agent's office at Austin. Newspapers that only a week before had been praising Bill McDonald as the bravest man since Bowie and Travis—a fit successor to those heroes of the Alamo—now denounced him as a bloodthirsty desperado, who proposed to hold up the people of Texas as he had held up bad men—at the point of a six-shooter. They declared that his sole purpose was to fill the State Treasury to bursting with the people's money, so that it might be an easy prey for grafters, already lying in wait with schemes. Then they denounced Governor Campbell for appointing such a man, and prophesied his political ruin and general downfall. Some of them could not, and others would not, see that a full assessment for all was the only fair system, and that, if the values increased, the generalrate of levy would lower accordingly. None so blind as those who will not see, and property owners, public and private, in counties where assessments had long been far too low to give them a fair share of the State's burdens, were naturally blinded by that self-interest which was stirred in with Adam's dust.
Indignation meetings prevailed. Assessors elected "by the people," told their constituents that they would "obey the will of the people," and tell any petty Revenue Agent that he could go to, with his bluff—that the "people" of Texas were bigger than any individual in it and knew what they wanted in the way of assessments, regardless of any fool laws to the contrary.
Perhaps the coolest man in the State sat in the State Revenue Agent's office at Austin, and smiled that bland winning smile of his as he greeted the reporters and declined to get mad or to recede from his position, merely referring them to the law as set down; dictating, between times, answers to excited assessors in which he assured them that his first letter was quite genuine and meant what it said, and that furthermore if they had—as some of them stated—already turned in their assessment rolls for 1907, they must go back and do it again, observing the law both in letter and spirit, in order to avoid, that little "embarrassment" when he should call somewhat later in the year. And this kicked up the dust worse than ever.
There was, however, a percentage of public sentiment in favor of the law and justice, regardless of personal interest. There were men in high places who stood boldly for the new order of assessment, and there were newspapers, even in the old rich counties that for a principle were willing to lose subscribers and pay the additional tax, besides. The names of those men and of those newspapers Texas should inscribe on a roll of honor in her State Capitol, for it was by such as those that some seventy years ago her independence was won.
Governor Campbell, assailed on every side, breasted the storm and stood firm. If his political structure must go down to ruin because of an effort to secure justice and the enforcement of the statutes as laid down, then perhaps the ruin would be better than the edifice. He discussed the matter thoughtfully and earnestly, here and there, when called upon, and was listened to with respect though with uncertain approval. Other officials throughout the State were inclined to be governed by the temper of their constituents. Yet there were notable exceptions. In February, 1907, at a convention of county judges, in Dallas, the statement was made that an attempt to carry out the instructions of the State Revenue Agent in the matter of the Full Rendition law would mean the political death of such county judges or commissioners as engaged in that effort. This statement, though wide, was not general. Among others to dissent was Judge Hill of EastlandCounty, who declared that if the people of Texas did not want a man in office who would carry out the law he, for one, would be glad to resign. That was a fine brave statement and had its effect. A resolution pledging the members of the association, individually and as a whole, to support and maintain the letter and spirit of the Full Rendition law, to the end that the taxes of the entire State might be equal and uniform, was unanimously adopted. The right word from the right source had been spoken. It began to be echoed in public places.
It was along in March, 1907, that the State Revenue Agent decided that he would not wait to call on the assessors during the year, but that he would gather them in Austin where he could talk to them, all together. A meeting of the State Association of Assessors, near the end of the month, was the result.
The assessors came together in many frames of mind, but mainly belligerent. Some of them had given it out to their constituents before they started that they were going down to tell that old Ranger that he might be able to round-up cattle-thieves and Mexicans, but that a bunch of county assessors would be a different matter. When these officials began to collect around the Capitol there was plenty of talk—not always complimentary. The State Revenue Agent loafed around among them. It was noticeable how the criticism subsided in the various groups as he sauntered in their direction. It was rumoredthat, though a civil officer, he still wore a "forty-five" in a holster and carried an "automatic" in his hip-pocket. When the members were finally assembled in general meeting, and "Captain Bill" rose to address them—they were quite still. He did not make a long speech, but it was to the point.
"We have been assessing in this go-as-you-please sort of a fashion a good while," he said, "and now we are going to do it the other way. We've been assessing by custom—now we're going to do it by law. The present tax rate is twenty cents on the hundred. We want to get it down to five cents on the hundred and adjust it so that every man will pay what he should—no more and no less. I don't want to pay out money any more than the next one, but I want to pay what is right, and I know you men want todowhat is right, with your people, when you find out what the right thing is. This law is right, and just because we've been going according to an old unjust custom, is no reason now, why we shouldn't go according to an old and just law."
It was in this strain that he talked to them, using the friendly familiar vernacular which meant sincerity and a genuine interest in their welfare. They saw that he was in earnest, and he spoke to their better inclination. Also, he had the strong side of the argument. A paper commenting on the matter said:
"Thrice was the Captain armed, for the reason that he was in the right, and had the laws of theState to back him"—a statement true in the main, though it leaves the reader to guess in what third way the "Captain" was thought to be armed.
At all events, whatever rebellion may have existed must have been pretty well quieted by the next day, for the following resolution was unanimously adopted:
"Resolved, That we, the Assessors of the State of Texas, in convention assembled, will make what improvements we possibly can to increase the renditions of 1907, and promise to fully comply with the law, in the assessments of the future, and we hereby authorize the secretary of this convention to notify all assessors not present to co-operate with us in this matter."[22]
"Resolved, That we, the Assessors of the State of Texas, in convention assembled, will make what improvements we possibly can to increase the renditions of 1907, and promise to fully comply with the law, in the assessments of the future, and we hereby authorize the secretary of this convention to notify all assessors not present to co-operate with us in this matter."[22]
When that association disbanded, if there was any indignation and resentment existing for the State Revenue Agent it made no outward manifestation. One assessor said:
"As to what my duty was, I very well knew that before I went to Austin. But like most other assessors I followed a custom instead of the law. When a change was demanded I though it would cause a great deal of confusion among the people who had made an inventory of their property. I find it isnot the case. I have very little trouble, and in my judgment I will get forty per cent. raise, for an average."
And another assessor, writing to the Fort Worth Record, said:
"Well, I am going to do my duty. I am swearing every man to the value of his property, as well as to the rendering of it, so when brother McDonald comes around, if he ever does, there will be no kick coming my way."
The result came when the inventories were all gathered and the items footed. Between the figures of 1906 and 1907 there was an actual difference of $414,137,246 in favor of the latter year. A part of this vast increase would come from the natural property growth of the State, but in the main it was due to the revised inventories and valuations. And this was a mere beginning, undertaken under disturbing and adverse conditions. The increase of 1908 over 1907 added another total of $561,297,248 to the property assessment values, aggregating an increase over the year 1906 of $975,434,494. Perhaps Texas will be a three billion dollar State yet, as has been prophesied, and the tax rate in the pioneer counties will be such as to encourage still further settlement and progress.
Not that the system is perfect yet. There are still assessors who shirk their duty, and hence counties who default in their burdens. No great reform can be immediately complete, but if StateRevenue Agent McDonald survives long enough, this one will be so, in time, and already it stands as his greatest monument and victory.[23]
[Full rendition of property values for the purposes of taxation has always been the law in Texas. The Thirtieth Legislature provided for the reestablishment of an old and dishonored system. For a fuller understanding of the conditions before and after the enforcement of this and other laws the reader may refer to Governor Campbell's Message of Jan., 1909 (Appendix F), and an address by Hon. W.D. Williams (Appendix G), at the end of this volume.]
[Full rendition of property values for the purposes of taxation has always been the law in Texas. The Thirtieth Legislature provided for the reestablishment of an old and dishonored system. For a fuller understanding of the conditions before and after the enforcement of this and other laws the reader may refer to Governor Campbell's Message of Jan., 1909 (Appendix F), and an address by Hon. W.D. Williams (Appendix G), at the end of this volume.]