An Excerpt from Volume 3
William O. Pate II
TUESDAY, FEBRUARY 11, 1919.
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AFTERNOON SESSION.
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The Joint Committee of the Senate and House to investigate the charges against the State Ranger Force reconvened at 1:30 o’clock P.M.
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CHAIRMAN BLEDSOE: Gentlemen, let’s have order. Now, Judge, at this time could the Adjutant General’s Department and his associates indicate what time it will take for the presentation of their side?
MR. KNIGHT: I declare to you, Gentlemen, I wish I knew. (Laughter) I can only tell you that we are going to rush the thing with all possible speed and facilitate it in every way we can. Now, I said Saturday night that we thought it would not take long. Two days and nights have gone, and we have just gotten at it.
CHAIRMAN BLEDSOE: We have no disposition to hurry you.
MR. KNIGHT: I understand.
CHAIRMAN BLEDSOE: But we have some other matters we are trying to arrange. Is there any reason why we could not reasonably expect to conclude the evidence by Friday noon?
MR. KNIGHT: I think not, Your Honor.
MR. MOSES: By Friday noon?
CHAIRMAN BLEDSOE: Yes, sir. This is Tuesday.
MR. KNIGHT: That will give us three full days.
CHAIRMAN BLEDSOE: We will run all night if you want to.
MR. MOSES: I think we can unquestionably get through before that time.
MR. KNIGHT: I think so. We will do our very best.
CHAIRMAN BLEDSOE: We have no disposition to hurry you, but we have so many people here that are wanting to get away.
MR. KNIGHT: I understand that. You have our complete sympathy and co-operation.
CHAIRMAN BLEDSOE: Gentlemen, I am not going to undertake to control your order of procedure, but in so far as the witnesses are from the more remote sections dispose of them as early as possible.
MR. KNIGHT: Yes, sir.
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(Thereupon Mr. Tidwell of the Committee swore Charles E. Pickle to act as one of the Official Shorthand Reporters of the Investigation.)
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MR KNIGHT: The Adjutant General will read his pleading at this time.
CHAIRMAN BLEDSOE: Some additional pleadings?
GENERAL HARLEY: It raises no additional issues, but it defines our position and the issues in this case at this time.
CHAIRMAN BLEDSOE: All right.
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Thereupon Adjutant General Harley read the pleading above mentioned, which reads as follows:
Austin, Texas,
February 10, 1919.
To the Hon. W. H. Bledsoe, Chairman, and the Members of the Joint Committee of the House and Senate to investigate the Charges against the State Ranger Force.
Sirs:
The Adjutant General further representing to the Committee presents that heretofore towit on the 26th day of January, 1919, he issued a communication to the Legislature requesting the appointment of a Committee to investigate all alleged charges against the Ranger Force, and to determine the causes of complaint and the motives of those making said complaints. The purpose of the Adjutant General in making this request to the Investigation Committee appointed by the Legislature was that a fair and impartial tribunal might be constituted which would summon witnesses and go thoroughly into matters with witnesses before them testifying under the sanction of an oath; that said Committee could elicit testimony before said Committee which the Adjutant General’s Department could never procure by non-judicial investigation. He further represents that he realized that such a Committee as is now constituted and here sitting could understand the vicissitudes and dangers that beset the Texas Rangers, and the difficulties under which the Adjutant General’s Department labored in endeavoring to keep a high standard personnel on starvation wages. “Every laborer is worthy of his hire” and no man is going to render higher service than the standard you fix for him by his remuneration, save in a few exceptional cases, and in this the Adjutant General asks the judgment of this Committee relative to the proper remuneration.
The Adjutant General further states that his appearance before this Committee is not for the purpose of hiding or defending any acts of misconduct by Rangers, but that he may be of assistance to this Committee by helping to develop both sides of every controversy. That he has never condoned or approved of misconduct, nor has his agent and inspector, W. M. Hanson, ever done so, but on the contrary has always and continuously endeavored to eliminate the bad element from the force which is evidenced by the fact that he has discharged approximately 108 men during his tenure of office which is 100% of the actual number of men now on the force; that acting under the Governor’s direction, he has tried to maintain a high standard of conduct for Rangers, and has always investigated causes of complaint whenever made by well-meaning and reliable citizens; that he represents that many matters of misconduct developed before this Committee constituted acts which were committed prior to his induction into the office of the Adjutant General of the State and matters over which he had no control, and which happened a long time prior to his term, and of which he had no means of knowing, and of these matters he asks the judgment of the Committee that they so state in their report.
The Adjutant General further represents that this investigation having taken a wide scope which covers a number of years of ranger activities, especially on the border where alleged acts have been complained of before this Committee which anti-dates the encumbency of the present administration, requests the Committee to differentiate between acts committed prior to and subsequent to the present regime, in order that the public may know that all the misconduct complained of is not attributable to the present personnel of the force and of this the Adjutant General asks judgment of this Committee. The Adjutant General further represents that the low salary, and the heavy taxing· of our manpower by the National Government made it practically impossible to keep any character of men on the force, much less high-class men at all times as evidenced by the fact that a number equal to the present force have been discharged, and about 95% have resigned during my tenure of office.
Further representing to the Committee the Adjutant General says that the many hundreds of citizens of this State who have so splendidly rallied to the support of the Ranger and who know and live in the portions of Texas where the Texas Ranger is the only safeguard for the lives of their loved ones and their property have had no mercenary or biased motive in appearing here, but only to assist this Committee and see that the Ranger service that their forefathers organized was not destroyed by the enemies of good government.
Further representing to this Committee, the Adjutant General says a living evidence of the necessity for continuing the force is the fact that the Governor of the State, the loyal members of the force, and all good citizens, and specially those who live in the border section, are anxious that the Ranger Force be purged of undesirables (if there are any) and that the force be composed only of good, law-abiding, clean men, who at all times will observe the law and conduct themselves as officers should.
The Adjutant General, acting for the Governor, has endeavored to rid the service of the lawless element, and will continue to do so with the assistance of the Legislature, if given the proper agency with which to carry out such reforms as are necessary which he now asks of this Corrnnittee and prays judgment thereof.
The Adjutant General further represents that if the Legislature acting upon the sound judgment of this Committee will place a sufficient salary for Rangers at the disposal of the Adjutant General and make such other recommendations as can be easily carried out by the Legislature in placing within the complete control of the Adjutant General the state Rangers subject only to the Governor’s call to duty, the Adjutant General can and will eliminate from the Force and make of it an organization that will be the pride and protection of the State and its best citizens.
Further presenting this matter to the Committee, the Adjutant General represents that it is his belief that the Ranger Force as now constituted is composed of men, some of whom are of excellent character, and whose conduct as Rangers has been second to that of no other peace officer of the State, and that the general aspersions cast during this investigation upon the character of such men, should not go unchallenged, to their humiliation because perchance some acts were committed by a few others, most of which occurred in 1915 and 1916 long prior to the term of service of these men and the Adjutant General and unknown to them, although uncomplained of and known to their calumniators, and of this he asks judgment of this Committee.
The Adjutant General further represents as heretofore stated that when asking for the appointment of an Investigation Committee, he welcomed a healthful and thorough investigation as given by the committee in justice to the people and the Rangers, that they may know the real facts, and of the wrongs committed, and help correct them. Notwithstanding the effort on the part of the Adjutant General to assist in dispelling the mists of misunderstanding, it is sincerely to be regretted that sinister forces, grown venomous, by political rancor, against the Chief Executive, should seek by an abuse of legislative privileges to drag from its high purpose the efforts of this Committee and require you Gentlemen to grope through the mists of personal aspersions and to weigh without evidence the cowardly thrusts that real American manhood would not tolerate in the open; aspersions cast under the protection of sacred privileges, sadly abused, and in this the Adjutant General respectfully submits to the wisdom of this committee the justice and fairness of the actuating motives that impelled them, and asks for such action as this Committee deems advisable.
In conclusion the Adjutant General respectfully submits all matters before this Committee with full confidence in the combined wisdom of their action and asks that they recommend such action and changes in the Ranger system, its personnel, and its future operations. believing that this Committee will serve the purpose for which the Adjutant General asked for it, if it will give the public and the Legislature the benefit of what has been developed herein, and which he knows will be done to the benefit of the Ranger Service in the future, and the honor of our State.
Respectfully,
JAS. A. HARLEY,
The Adjutant General,
State of Texas.
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CHAIRMAN BLEDSOE: Gentlemen, before you begin, Captain Vann was to refresh his memory with reference to the personnel of the force who were with Captain Ransom at that train wreck, and he is fixing to leave town. With your permission, I would like to ask him one question.
MR. KNIGHT: All right.
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CAPTAIN W. T. VANN,
recalled to the witness-stand, testified as follows:
EXAMINATION BY CHAIRMAN BLEDSOE:
Q Captain Vann, when you were on the stand the other day you were asked by some member of the Committee if Captain Anders, now on the Force, was a member of Captain Ransom’s party at the time of the train wreck. Have you refreshed your memory in any way about it?
A Yes, sir; he was on the Force, but I would not absolutely swear he was there; I am almost sure he was. I wired down there and the party wired back that he was there, but I can not remember absolutely that he was there; I would not swear that he was there; I can’t remember seeing him there. There were other Rangers there. I think all of Captain Ransom’s bunch were there the next morning, but I can’t pick him out and say absolutely he was there.
CHAIRMAN BLEDSOE: All right. Is there anything else desired from him before he leaves?
EXAMINATION BY MR. TIDWELL.
Q You spoke of Captain Ransom taking those men some distance down the river. Can you recall who the men were that were acting under the orders of Captain Ransom at that time?
A No, sir. I remember that Luke Engelking was a Ranger at that time.
Q Who else? I want to get those who participated in that execution.
A Well, they were Captain Ransom’s men. I know he was there because he made them talk to me.
Q Now, Engelking. Do you remember any other?
MR. KNIGHT: Is Ransom is dead?
A Yes, sir. I know that Engelking and the Captain both belonged to his Ranger company. I remember Captain Ransom being there absolutely, but I can’t say about the others.
CHAIRMAN BLEDSOE: You think Captain Anders was there?
A Yes, sir.
MR. MOSES: Can you recall the name of any other Ranger who was there at that time?
A No, I don’t, Judge. I don’t remember just who all was in his company; it has been two or three years ago, and I don’t remember just who composed his company of Rangers at that time.
MR. CANALES: Was Ewing Baker among them?
A I don’t know whether he was at that time or not, but Baker has been on the Force with Ransom a good deal. Ransom didn’t keep men very long; sometimes they stayed thirty days or sixty days. There was a new bunch all the time.
MR. TIDWELL: Now, there is one other question. You say he could not keep men. Was that due to his inefficiency or the inefficiency of the men?
A It was due to his inefficiency. He was very overbearing and couldn’t get along with them.
MR. TIDWELL: Do you remember the date of his death?
A Yes, sir; it was last year some time; it was during our District Court; it came out and I read it in the paper; it was at Sweetwater.
MR. TIDWELL: Was he still a Ranger at that time?
A I understood so. He was a Captain.
MR. TIDWELL: That’s all.
CHAIRMAN BLEDSOE: That’s all. Gentlemen, pardon me for the interruption.
MR. CANALES: Mr. Chairman, I want to get clear on the proposition. A pleading has been read by the Adjutant General. I want to get it clear as to the real issues raised. I do not understand that he pleads a general denial. I understand it is in the nature of a confession and avoidance. I want to get the nature of the plea so I can find out what issues are raised here. I heard it read very patiently, and it struck me as what the law perhaps may term in the nature of a confession and avoidance, rather than a general denial of the charges made. I want to get that clear in the record.
MR. MOSES: We are not responsible for the lack of understanding of the counsel who filed these charges. That pleading speaks for itself; it is in plain United States, and if counsel is not able to understand what it means, that is no fault of the Adjutant General; and since he has made that statement in the presence—I will not say for the benefit, but in the presence of the multitude, we desire to say it is not any confession and avoidance at all, but speaks for itself.
CHAIRMAN BLEDSOE: Gentlemen, the fact about the business is, it is not necessary to name it. The Adjutant General has filed a written statement or pleading, or whatever you are pleased to call it. The issues before the Committee will not depend upon any pleadings filed, but by the scope of the resolution under which we are operating.
MR. CANALES: Thank you.
CHAIRMAN BLEDSOE: We are not confined to any pleadings raised by counsel. Proceed, Gentlemen.
C.E. JESSUP, having been duly sworn, testified as follows:-
EXAMINATION BY MR. KNIGHT.
Q Mr. Jessup, where do you live?
A Brownsville.
Q How long have you lived on the Border?
A A little more than ten years.
Q What is your business at the present time?
A I am Manager for a portion of the Brown Estate at Brownsville.
Q What is the name of that plantation under your jurisdiction down there?
A The Brown estate had four corporations they asked me to look after; one is the Piper Plantation Company, the Buena Vista Gattle Company, the Piper Mercantile Company, and Brownsville Creamery & Dairy Company.
Q Now, have you ever taken part in political matters in the Valley?
A No, sir—no, sir.
Q Where did you locate when you first went to the Valley?
A At Brownsville.
Q At Brownsville. What were conditions there then as to peace and order and law-abiding condition of affairs?
A Brownsville at the time I moved there was one of the most orderly, quiet, peaceful cities of its size that I have ever known; even at this time, I may say, so far as the administration of city affairs is concerned, I don’t think there is a town in the United States of its size that is more orderly than Brownsville is today.
Q Are you connected at this time in any way with the city government of Brownsville?
A Well, I am a member of the Board of City Development there, which is an appointive position, associated with the City Commissioners of the City.
Q Yes, sir. What line of work have you been engaged in since you went to the Valley?
A The first three years I was in the Valley I was manager for a canal system there; then for three or four years I was in the mercantile business, in charge of a hardware, implement and farm machinery business located at San Benito; the past two years I have been residing again in Brownsville, associated with the Browns.
Q Yes, sir. What has been your relation, if any, in regard to the operation of the Rangers on the border?
A In March of last year stealing just below Brownsville and East of Brownsville along the river became so wholesale that I took the matter up first with Sheriff Vann and asked him what we should do, and he said: “Mr. Jessup, my department is powerless, absolutely helpless to help you ranchmen and farmers out; I haven’t the force to do it with,” and I think he was correct. Talking matters over he advised that we seek help in the person of the Rangers.
Q Yes.
A Our Chamber of Commerce, our City Development, in Brownsville called a meeting of the members to discuss this situation and I was selected acommitteeman to come to Austin to ask for help, interview Governor Hobby and General Harley in reference to the matter, and they immediately gave us some Rangers there.
I might state in this connection that just prior to my trip to Austin we had lost thirty-seven head of fine Jersey cows from the Piper Plantation, the Starks adjoining us had lost six cows, and Mr. Cooper, adjoining on the Hast, a small farmer, had lost two work mules, a driving horse and two cows. This all occurred within four weeks’ time.
Q That was prior to the time you came to Austin?
A Yes, sir.
Q Now, one moment. How far is the Piper Plantation and the other places from the river?
A The Piper place abuts on the river; Mr. Stark’s abuts on the river; the Cooper farm is about one mile from the river.
Q Well, go ahead and state what you had to do with the operation of the Rangers.
A Well, just before leaving Brownsville to come to Austin I ‘phoned Captain Stevens, who was at Mercedes. We had had no Rangers in our immediate vicinity for a long time. While I was in Austin, Captain Stevens sent two or three of his men down and they made some investigations and arrested some suspects before I got back home. Captain Hanson came right on back to the Valley, arriving there–he stopped off at San Antonio and followed me on the next train then coming on down to Brownsville, and I think Captain Stevens met him there in a day or two. We talked matters over and some of Captain Stevens’ men, three men, were immediately stationed on the Piper Plantation. Now, from that time—
Q What was the result, now, of the work of the Rangers there?
A From that time until about four weeks ago, when Captain Taylor’s men were removed from there, so far as I know—and I investigated carefully—there was not a solitary instance of any theft in all that community the entire time. Captain Taylor’s men were taken off the force about a month ago and the Rangers came out of our locality.
Q Been any stealing?
A Since then we have had two disk harrows right from the plantation carried away.
Q Mr. Jessup, give the Committee the benefit of your opinion as to the absolute necessity of Rangers on the border to protect life.
MR. CANALES: I understood the ruling of the Chairman was that this Committee had already heard sufficient testimony, Mr. Chairman, and I made no issue on that point at the very time.
CHAIRMAN BLEDSOE: I understand, but still that is not the exact question.
MR. CANALES: All right.
A Please repeat the question.
Q Give the Committee the benefit of your opinion as to the absolute necessity or not for the presence of Rangers in the Valley and along the border to protect and conserve property and the lives of citizens?
A If we are denied the protection that we have had of this character we will be compelled to change our methods of farming and stock-raising—simply can’t operate under conditions as they were.
Q What have been your facilities, Mr. Jessup, for getting in touch and knowing and ascertaining the mind of the people in that vicinity in regard to matters of public interest and particularly the work of Rangers in that section of the country?
A Well, my acquaintance in the county is pretty thorough. As I stated, I was for three years in the mercantile business and we operated the only store of any real pretensions in the farm implement and machinery line in the county and our customers extended from one end of the county to the other. While I was living in San Benito I was a member of the Chamber of Commerce there, as I have been in Brownsville. I attend a great many of the farmers’ meetings, and also I am frequently present at the meetings of the newcomers who come into the country.
I was on the local Exemption Board there during most of the War, and two or three different times I have been chosen by the farmers and citizens of the country to make special trips for them to adjoining States and to Washington, and— I think I am thoroughly familiar with the minds of the farming people as well as the citizens of the cities.
Q Now, from your experience and contact with them, does the sentiment existing there coincide with those you have expressed in regard to the Rangers?
A It is my belief that perhaps more than ninety percent-
SENATOR WILLIFORD: You understand he can state what he knows about it.
MR. KNIGHT: I mean from actual contact with the people.
A I don’t want to transgress the rule, but my opportunities have afforded me a chance to talk with scores–more than scores of the people of our county, and I know it to be—
Q Yes.
A The opinion of the people generally just as I stated, that we could not be deprived of the help we have had without suffering material loss.
SENATOR WILLIFORD: Judge, I think we are losing a good deal of time on something the Committee has no question about.
MR. KNIGHT: Yes, sir. I am going to hurry on.
Q Mr. Jessup, do you make it a habit to attend public meetings in Brownsville and take an interest in matters of neighborhood concern and public interest?
A Yes, sir.
Q Have you ever heard—state whether or not you have known of Mr. Canales’ having participated in any of those public meetings in which he either endorsed or condemned the Ranger force?
A Well, at the time we were discussing the matter of Captain Stevens’ removal from the county and the coming of another force to take their place, our city there had a meeting, at which Mr. Canales was present and made an address in which he endorsed the action and presence of the Rangers. Mr. Canales accompanied myself, Captain Hanson and Captain Taylor down to the Piper Plantation one Saturday evening when I was paying off and delivered an address to the people there which was a very effective one, trying to reason with the people that it was not necessary for them to cross the border on account of the operation of the Selective Draft law. Then on the following day, which was Sunday, Mr. Canales went with Mr. James A. Brown and myself down to another Brown estate known as the San Rafael and one of the other Brown ranches and talked with the people in a very effective way and manner in regard to what they might expect as regards the operation of the draft law and the presence of the Rangers there—did good, effective work.
Q Now, when was that, Mr. Jessup?
A That was just prior to the second registration. That was–
A That was early in September, was it not?
Q of 1917?
A It was the latter part of August–
2 1918?
A 1918, or the first of September.
Q All right. Now, was there anything in Mr. Canales’ addresses or in his conversation with you and Captain Hanson to indicate he thought that the exodus was due to the presence of Rangers, or to the draft law?
A Not that I know of, no, sir; we were discussing the draft situation.
Q Nothing said about the Rangers?
A We were discussing Captain Taylor and his men, which was a new Ranger organization coming into the Valley, and Mr. Canales explained to the Mexican population that they were gentlemen coming there to protect law and order and would protect all citizens.
Q And in whom the Mexican citizens could rely and place confidence?
A Yes, sir.
Q Now, then, do you know anything about the conditions with reference to thieving up the river about San Benito?
A Yes, sir.
Q Just tell the Committee what you know about that.
A The vicinity up the river above Brownsville twelve or fifteen miles in the neighborhood of where Mr. Cunningham was killed some months ago is being troubled continuously with loss of stock and one or two murders committed right in that locality. There are no Rangers stationed near that point, as I understand it.
MR. CANALES: I want to ask you, is that true?
A How?
MR. CANALES: That there are no Rangers stationed there?
A As far as I understand it, there are no Rangers there.
Q All right. Is the condition worse up there than in your neighborhood while you had Rangers?
A We had none in our neighborhood while we had Rangers.
Q Now, during all the years you have lived there is the criticism and alleged misconduct and misdemeanors of Rangers worse in the last year or two than it was when you first went there?
A I don’t think so, no, sir.
Q Mr. Canales is your Representative, isn’t he?
A Yes, sir.
Q He served in previous—served that district in previous sessions of the Legislature?
A Yes, sir.
Q When was your attention first called to the fact that Mr. Canales was taking a very active and prominent part in his attack upon the Rangers?
A I found out the latter part of August that he was taking a prominent part in securing the removal of Captain Stevens and his men from the Valley. Further than that, I had never known of his making any attack—if such it might be called—on the Ranger force until he came to Austin this time.
Q Now, then, Mr. Jessup, have you studied—read and studied what is known as the Canales Bill?
A Yes, sir, I have read it over.
Q What, if any, objections—specific objections have you to that bill that you desire to communicate to the Committee?
A There are two features of the Canales bill as it was introduced—I don’t know in just what state it may be now in the hands of the committee, but as introduced there are two features of the bill that I believe would be very detrimental to the effective operation of the Rangers. In the first place, the feature of the bill which provided for making the Ranger force amenable and answerable to the county officials in the county I think would absolutely destroy, possibly, the effectiveness of Rangers in our county, and the feature of bonding the Rangers I also think would destroy the effectiveness of the force.
Q Your idea is that if either of those features should become a law you might as well disband the Rangers?
A Yes, sir. The feature of increasing the pay, I agree with Mr. Canales; I think it should be increased.
Q Yes, sir.
A And, further, I want to agree with Mr. Canales, that I don’t hesitate to say that there have been mistakes made by Rangers, and I would like to see the force improved, but we don’t want it crippled or removed.
Q Now, tell the Committee what are the peculiar conditions in that section of country down there that imperatively require the presence of Rangers?
A Well, the peculiar condition of our border there as regards the boundary line is one that necessitates the presence of Rangers. As the crow flies, from Brownsville to the mouth of the river it is twenty miles; following the meanderings of the river it is more than a hundred miles. The river is lined on both sides with heavy thickets and undergrowth.
SENATOR WILLIFORD: Mr. Knight, the Committee has heard many times as to the condition of the river, and they have agreed to cut that out.
MR. KNIGHT: All right. I am satisfied with that if the Committee is.
Q Now, the bandit troubles were greatly improved and practically brought to an end some time ago. Now, what part, in your judgment, did the Rangers display and what did they do that brought the bandit trouble to a better state of affairs and condition?
A The bandit trouble was brought to an end in our country by the cooperation of the Rangers, the citizens and the United States all working in harmony, working together, and the bandit troubles ceased there when those agencies made it unpopular to propagate raids.
Q Did the Rangers give full co-operation and assistance to the local authorities and the people down there in cleaning up that country of its banditti?
A So far as I know; I heard no complaint.
Q Now, when did General Nafarette leave Matamoras with reference to the time the bandit trouble closed–before or after?
A My recollection is that Nafarette did not leave Matamoras until some time after things had gotten clear on the American side–some three or four or five months, is my recollection.
Q He was still there when the Rangers arrived, wasn’t he?
A Yes, sir.
Q And stayed there some time afterwards?
A Yes, sir.
Q And the trouble ceased soon after the Rangers’ arrival, is your recollection?
A Well, we had trouble there in 1915 and also in 1916.
Q Yes. Now, you have been in the room and heard testimony regarding the exodus of Mexicans from this side to the other side. You have stated your facilities for knowing the sentiment there generally of those who left as well as those who remained. Tell the Committee whether that was due to the presence of Rangers or to the registration laws–military laws?
A The exodus of 1915 and of 1916 was brought about by the state of war that existed on the American side of the border on account of the bandit raids and was participated in by, as I have already stated, United States soldiers, citizens of that country, and the Rangers. Some of the people who crossed the border were no doubt afraid, possibly, of Rangers, but I think I know that a very small—the Rangers played a very small factor in running them across the river in 1916 and 1917—in 1915 and 1916. The exodus of 1917 and 1918, so far as I was ever able to find out–and I made strenuous efforts to find out, because our labor was constantly leaving us, was brought about by two agencies—
Q Yes, sir.
A –first, the spreading of German propaganda, and, second, the operation of the Selective Service law.
Q Yes, sir.
A The Rangers played no part in the exodus of those two years.
Q Now, just give the Committee your opinion of the real state of the public mind there during those raids?
A Well, during those raids it was simply a state of war; every home almost was an arsenal.
Q Were the people in terror—in a state of terror and apprehension?
A They were in a state of terror. If I am not transgressing, I will illustrate by an incident that happened in San Benito in in the bandit raid in 1916.
Q Yes, sir.
Q Out of the conditions that existed misunderstandings were growing, and the Mexican population of San Benito is nearly all of it on one side of the river while the American is on the other; the town is divided, and they call one “Mexico” and the other the American part of town.
Q Yes, sir.
A Things grew so strenuous for two or three days it looked like we would have a race war in our town; those who had been our best friends on the Mexican side didn’t know who to trust or who to believe. I pleaded for two days with some of my friends to go across the river with me and call a meeting and address them. My best friends laughed at me and called me a fool.
Q Why?
A They said, “Your life is in danger if you cross over there.” I said, “I can reason with them.” I succeeded in getting the Mayor to call a meeting over there, but he would not attend. At the last hour two or three men who had agreed to go backed down. I said, “I am going if I have to go by myself.”
SENATOR WILLIFORD: Is this on any particular question, Judge Knight?
MR. KNIGHT: Yes, sir–showing the tension there between the two races. I think it is very important.
SENATOR WILLIFORD: All right.
A Finally two of my fellow townsmen agreed to go with me. I think there must have been a thousand Mexicans waiting to meet us, and I spoke to them through an interpreter for half an hour, explained to them that our interests in the country were mutual, we were their friends and wanted to regard them as our friends, and law-abiding Mexicans should be protected just as much as the American people, and it absolutely allayed the strain in San Benito and the next day everything was free and easy.
Q The tension was eased?
A Yes, sir.
Q Now, a good deal has been said about the regalia or garb or dress of the Rangers. Is there anything peculiar about it as compared with that of river guards and cowboys in that country?
A No, sir, I don’t think so; I have always regarded the Ranger dressed as needed to perform his work,–nothing sensational that I have discovered.
Q Is there anything different in it from time immemorial?
A It is just as I have been in the habit of seeing it.
Q Now, Mr. Jessup, there has been a good deal of testimony lugged into the record regarding the disappearance of one Florencio Garcia. Did you know Florencio Garcia?
A Yes, sir.
Q Was he an employee of your Piper Plantation at the time he was apprehended?
A Yes, sir.
Q Now, subsequently a lot of scattered bones were discovered, and an attempt has been made to identify those as constituting the skeleton of Florencio Garcia. Now, I will ask you to begin at the beginning and give the Committee the full history of that case and why he was apprehended and the whole thing as you now recall it—first, was he on the plantation when you went there?
A Yes, sir, he was on the plantation when I went there.
Q All right.
A About three or four months before we lost our cattle I was informed by a ranchman from Mexico that Florencio Garcia and his brother-in-law, who was also working on the plantation, had been run out of Mexico because they were cattle thieves.
MR. CANALES: Who is that ranchman? please name him.
A Mr. Reeder, from Mexico.
Q He was a ranchman in the Republic of Mexico?
A Yes, sir. He brought the information to me that those two men ought to be watched. I discussed it with Mr. James
A. Brown and asked him whether we should discharge them or not, and decided not to discharge them, but to leave them where they were.
Q He was one of the owners of the plantation?
A Yes, sir. So they remained in the service. Mr. Garcia was herdsman of what we called the dry herd of cattle, left with them all the time, and had instructions to count them every day and if one was missing to report it immediately.
When we lost our large bunch of cattle we found—
Q That’s the thirty-seven head?
A Yes, sir—found out that the cattle had been gone some four or five days before it was reported to us.
MR. McMILLIN: How did you find it out?
A Found out how they crossed the river and the place they crossed and so on; and so I said to my superintendent of the plantation, “It looks very suspicious to me that the cattle should be gone this length of time and we not hear of it before.”
He said it did look strange. The Rangers came on down there, as I have already reported, and probably a week or nearly a week after they came into that vicinity the Rangers went to the plantation one day at the noon hour and took Mr. Garcia away with them.
Q Were you there?
A No, sir.
Q Did you know that the Rangers were going there at that time?
A No, sir, I didn’t.
Q Now, when you were making the examination in an effort to detect what became of those cattle, in what way they were driven and when, were there any horse tracks or other things that connected Florencio Garcia with their crossing the river?
A Yes, sir. Garcia rode a horse shod in front—
MR. CANALES: Do you know that of your own knowledge?
A How?
MR. CANALES: Do you know that of your own knowledge?
A Yes, sir, I know it.
MR. CANALES: Did you follow the tracks?
A I went down there.
CHAIRMAN BLEDSOE: Mr. Canales, don’t interrupt the witness. You can ask that on cross-examination.
Q Go ahead.
A He rode a horse shod in front, the only one shod in that character on the plantation. The shoe was rather a peculiarly shaped shoe, a large, smooth shoe, rather round. The tracks at the riverbank revealed the fact that that kind of a horse had been prancing around there in the sand close to the river bank at the same time evidently cattle tracks were made there.
Q Were the cattle tracks plainly visible too?
A Yes, sir.
Q How many cattle were in that dry herd that were under the immediate supervision of Florencio Garcia?
A In that particular herd at that time probably about two hundred and fifty head.
Q Yes, sir.
A We had 850 head on the place.
Q Yes, sir. Now, then, the Rangers came about noon and got him?
A Yes, sir.
Q Now, just go ahead and tell all you know about it.
A All I know about it is absolutely hearsay; I know by reason of just knowing as it came to me in an absolutely direct way that they went with this man to Point Isabel, stayed overnight there—
SENATOR WILLIFORD: Well, that is hearsay; we don’t want it.
A Well, it is hearsay; I don’t know a thing about it personally.
SENATOR WITT: I would like to hear it.
MR. KNIGHT: Your Honor, I see no reason for any impatience on the part of the Committee. This is the first witness we have had on that line.
CHAIRMAN BLEDSOE: I think so.
MR. KNIGHT: We have as much right to have it as the newspapers on the other side.
CHAIRMAN BLEDSOE: Judge Knight, I don’t appreciate your remarks. I am discharging my duty—
MR. KNIGHT: I don’t doubt it.
CHAIRMAN BLEDSOE: I am following the testimony, and shall rule on all objections promptly.
MR. KNIGHT: Yes, sir.
CHAIRMAN BLEDSOE: I will ask counsel not to make remarks of that character.
MR. KNIGHT: We are trying the best we can to help you. We have no interest except to get the truth.
SENATOR WILLIFORD: The witness says he don’t know anything about it.
MR. KNIGHT: Well, they have been doing it for a week.
CHAIRMAN BLEDSOE: Proceed.
Q Now, Mr. Jessup, Senator Witt says he would like to hear it. Just go ahead and state what you know.
A They started from the plantation with this man about noon, went over to Point Isabel, about twenty miles East on the coast, stayed overnight in Point Isabel, left next morning about nine o’clock coming in the direction of San Benito and Brownsville to a point where the road forks leading to the two towns, the Rangers taking the road towards San Benito accompanied by Florencio Garcia and little Charley Stark and the two soldiers with him taking the road on towards Brownsville. I will say I got it from reliable information. Further than that I know absolutely nothing.
Q Yes, sir. Did you ever go to the scene of the discovery of the bones?
A I did not.
Q You had nothing further to do with it?
A No, sir.
SENATOR WITT: Do you know the names of the Rangers who had the man in charge?
A No, sir, I did not know them at that time; I have heard them.
SENATOR WITT: What are their names?
A Sadler was one and Locke the other. I believe I am correct in that.
Q Now, Mr. Jessup, you were on the local Exemption Board in your town?
A Yes, sir.
Q You heard the testimony of Mr. Canales in relation to his stenographer’s being selected and his disappearance into Mexico and his connection therewith. Now, will you kindly and in the briefest possible compass tell the Committee what occurred regarding that, and in your own way?
A I don’t remember the name of the young man. When his paper came before the Board we looked at that one just as we tried to all others to see what the papers showed; found that he was a single man, early in the twenties; that he claimed deferred classification, that he had a dependent father and mother, aged and infirm, and several younger brothers and sisters. The paper also showed that he was earning a salary of considerably less than thirty dollars per month. We immediately placed this man in Class A-1.
Q One minute. What did the questionnaire show with reference to the actual age of those parents that were aged and infirm?
A That they were both considerably younger than myself.
Q Now, what did it show with reference to a continuity of—
CHAIRMAN BLEDSOE: Will you pardon me a minute?
MR. KNIGHT: Yes, sir.
CHAIRMAN BLEDSOE: I will be glad if you will have that put in the record.
Q Do you remember their ages as stated in the questionnaire?
A Going to make me tell my age?
Q Yes.
A They were less than fifty years of age, both of them.
Q All right.
A They had quite a large family of children, some of whom were very young.
Q Now, what was the similarity, if any, between the reasons for being put in a deferred class as contained in that questionnaire and those that were contained in the questionnaires of other young Mexicans?
A No, as I stated before, we placed this man immediately in Class A-1. Judge Canales came to see me in reference to the matter and asked me if I did not know that this was his stenographer, and I said I did not, those papers all looked alike to me, and I didn’t know that to be the case; he explained that he was his stenographer and that his father was in frail health and he thought he ought to be deferred for that reason. After talking the matter over we suggested that if one of the reputable physicians of the city would examine the father and make a sworn statement to the Board that he was in such a critical condition that the son should be left at home we would reconsider the matter, all of which was done, and we changed the boy to third class and left him in Judge Canales’ office.
Later on we got instructions from the Department that we must recomb our list and get more men; every Board was informed that they had men that ought not to be deferred. Later on we were compelled, on our oath, to take this boy, so we put him back in Class 1. The Judge talked to me again about it and seemed rather surprised that we should have ruled as we did and so expressed himself, and when I stood on the ruling he said, “May the Lord help you!” and said he would appeal it to the District Board, and the District Board sustained the Local Board, but the boy didn’t stay in America long enough to hear from it–he went to the other side.
Q Now, Mr. Jessup, the pay of a private soldier in the Army was how much?
A Thirty dollars a month.
Q Board and clothes thrown in?
A Yes.
Q Expenses paid. What was that young man receiving as salary as shown by his questionnaire?
A My best recollection is that it was six dollars a week, twenty-four dollars a month; I won’t swear that it was, but it was considerably less than thirty dollars a month.
Q Now, then, that’s the last you have heard of him?
A Yes, sir.
Q Now, do you recall the record of your county with reference to the number eligible to the selective service, the number that were aliens and deficients, the number that were delinquents or deserters, and the number that enlisted in the Army? Take those figures there and see if they are correct, at the top, for Cameron County.
A These figures are probably made up after the second registration.
Q Yes, sir.
A I resigned from the Board just prior to the second registration. I remember distinctly in our first registration we had 2354 registrants in Cameron County. The Board was compelled to call and examine every man who appeared in order to get our first quota of 229 men. I can’t state the exact number of those who never appeared, but it was in the neighborhood of forty percent, those who had registered never answered then call when they were called for examination; we found that those people were across the river largely.
Q Yes, sir. These figures, you think, were made after the second registration?
A Those figures were made after the second registration.
MR. KNIGHT: That’s all.
CROSS-EXAMINATION.
By Mr. Canales.
Q Mr. Jessup, you said you never knew Gustavo Vera before I called your attention to the fact that you had placed him in Class A-1?
A I knew there was a Mexican boy working in your office, Judge, but I didn’t know his name.
Q Don’t you know that he worked for you–that I loaned him to you and Mr. Jones and he worked for you several weeks? Mr. Dancy was my partner at that time?
A He worked for the Board several days, but I didn’t know his name, and when his paper came before us I didn’t know him from a thousand others.
Q Don’t you know that the first one that called your attention to that was Mr. Dancy and not me?
A No, I don’t remember.
d Do you mean to say that Mr. Dancy did not talk to you?
A I don’t know; he possibly did talk to me. I remember distinctly that you did.
Q Now, don’t you know that we selected Dr. Spivey, who was State Quarantine Officer and, I think, City Physician at the time, and everybody said he would be agreeable, and Dr. Spivey said that his father was incapacitated for doing work, in his affidavit?
A That is correct. I have already stated that we sent a physician.
Q Isn’t it a fact that two other reputable physicians testified that he had been in that condition for nearly two years?
A I don’t remember whether we had other testimony on that or not.
Q Do you remember that there were three other affidavits attached there?
A No, sir, I don’t remember that. We had a great many.
Q Don’t you know that he first appeared before you before the questionnaires and was examined and was turned down by the physician because he himself could not pass the physical examination?
A No, sir, I don’t remember that.
Q Don’t you know that his questionnaire showed that the average that he had earned during the year was about eight dollars a week, but that he was making forty dollars for the last three months?
A It didn’t show that. You raised his salary the second time before the paper came before us.
Q Don’t you know that he was making forty dollars?
A The second time?
Q No, sir, he was making fifty dollars the second time. I made an affidavit to that. Since you changed him from Class 3 to Class A-1 he had been raised ten dollars more, which made it fifty dollars a month?
A No, sir, that is not my recollection.
Q Well, do you say that is not true?
A I say he was earning less than he would have earned in the Army, thirty dollars a month, according to his questionnaire.
Q Don’t you know that the question asked the average for the whole year — that’s the question in the questionnaire?
A I will state again that the questionnaire placed before us showed that the boy was receiving less wages than he would have received in the Army.
Q I will ask you to state whether or not that was not in answer to a question asking the average monthly earning for the last year?
A I don’t remember that.
Q Well, you seem to remember these other things, Mr. Jessup.
A Yes, sir.
Q Now, isn’t it a fact that I told you at the time that his condition existed exactly the same and that if he was entitled to go in Class 3, that there was no reason why you should put him back to 1-A?
A Yes, sir, but the United States Government had told us that conditions had changed across the water and we would have to have some of the boys now that we had passed up before.
Q You didn’t change Mr. Cuerto at all.
A We sent Mr. Cuerto to the Medical Advisory Board at Corpus Christi twice and the doctors sent him back each time; that’s no fault of the Board.
Q Now, coming back to last March when you came to ask for aid, don’t you remember–who was the man that came with you to Austin to see the Governor?
A I think Mr. Foley from San Benito came with me.
Q Do you remember the time you went to the McDonald Flats to talk to me on Sunday?
A Yes, sir.
Q Do you remember the conversation you had with me that afternoon before Mr. Foley in regard to getting Rangers?
A No, sir, I don’t remember what we said up there.
Q Don’t you remember you told me you didn’t want Rangers, but you wanted relief and if you could not get any other kind of relief you will take Rangers?
A No, sir, I don’t remember saying that.
Q Don’t you know that you made me go and make an engagement with the Governor and you made substantially that same statement to the Governor before Mr. Foley, that you needed relief but you folks didn’t want Rangers, because it would alarm the Mexican people, and if you could not get any other kind of relief you will take that?
A Well, now, since you have mentioned that feature of it, I will explain that we did say to the Governor that if he could bring influence to bear on the Commander at Fort Sam Houston to send a large force of soldiers down there we would take soldiers; if they could not do that, we wanted Rangers, and wanted them right away.
Q Why didn’t you want Rangers if the Rangers were so infinitely better than soldiers?
A Well, personally I was in favor of having Rangers.
Q You didn’t tell that to me?
A I did not?
Q You didn’t tell that to the Governor?
MR. MOSES: That is argument.
Q Did you?
A I can’t remember; I can’t tell you everything that occurred that day, Joe.
Q Don’t you remember the time you and I’ and Mr. Hanson and Captain Taylor went to the Piper plantation, that the reason was that the people were afraid of being arrested promiscuously by the Rangers, brought into town and put in jail, and that you people were not consulted about it–that was one of the complaints I had to make and was one of the things that was discussed at that meeting at the Chamber of Commerce?
A No, I don’t think that had any bearing on the case. The thing we went to the Piper plantation to relieve was the crossing into Mexico to avoid the operation of the draft law.
Q Mr. Jessup, let me remind you, didn’t you make that statement to the Mexican people, and I acted as your interpreter, and you made the request that if there were any persons in your employ that had failed to comply with the registration the officers should furnish the names and you would send them to town rather than come there and arrest them?
A Yes, I did that.
Q Why did you do that? why did you make that request?
A To show the Mexican people down there that we wanted to co-operate with them and keep them out of all sorts of trouble. Those people being picked up around there were not by the Rangers, but by county officials and registration authorities, some not knowing that they should register, and the fact that those officials had been going and picking them up to my positive knowledge. During the twelve months I was on the Board no person was apprehended and brought before the Board by Rangers; the others had brought them there in bunches.
CHAIRMAN BLEDSOE: Repeat that.
A I say, in the twelve months I was on the Board there were no deserters or slackers ever brought to the Board by the Rangers; they were brought there by some Deputy Sheriffs and some of the Immigration officials there. We were kept busy fixing up papers for deserters and slackers, but I don’t recall a single instance in which a Ranger brought any to the Board; that is my recollection; if I am wrong I would like to be corrected.
Q I think you are correct. You made the request of the Ranger Captain who was just coming in to instruct the Rangers not to arrest any individual on the plantation before giving an opportunity to you or to your foreman to bring him to the Board and that you would co-operate with them and bring him at your expense?
A I no doubt made the same request that I made to other officials, that if there was anybody wanted on the plantation and they would let us know we would deliver him without any disturbance or arrest on the place; that is our rule and our understanding with all the officials, immigration and others.
Q Now, you made the very strong statement that the Rangers- I mean that as soon as the Rangers were placed on the Piper plantation that it stopped stealing completely, and then the statement about Mr. Cunningham when he was killed, which was about fifteen miles North of town?
A Yes.
Q That there was a great deal of stealing through there, but no Rangers were there. I wish to remind you—
CHAIRMAN BLEDSOE: Mr. Canales, you must interrogate the witness and not make statements.
MR. CANALES: I am cross-examining him.
CHAIRMAN BLEDSOE: You have practiced law long enough to know that you must interrogate him by specific questions.
MR. CANALES: Yes, sir, but I first predicate it with the testimony, substantially.
Q Now, isn’t it a fact that Rangers were stationed at Ranchito Esparza, about two and a half miles from where Mr. Cunningham was killed?
A I know nothing absolutely about it.
Q And also that Rangers were stationed at San Benito, about six miles away?
A No, sir, I didn’t know any were stationed at San Benito.
Q You talk about the bandit trouble and activities there and your general knowledge of it. I ask you to name a single time when you went to help anybody or protect anybody during that time–assist anybody physically who needed assistance during that time?
A I was not out on a single expedition. As I explained, I was in charge of a mercantile business in San Benito and my time was devoted to that store. I have explained what I tried to do to allay feeling in San Benito, but I was not out on any of the raids. I was trying to get guns and ammunition there fast enough for the other fellows. (Laughter.)
Q Now, you talk about the exodus of Mexicans, that the exodus in 1915 and in 1916 were not caused by slackers, that the exodus in 1918 to which I called your attention a while ago was wholly caused by registration. I ask you whether it is not a fact that it was also caused by the fact that the Federal officers would go into the various plantations and arrest Mexicans on mere suspicion for not registering or not complying with the draft, lugging them into jail and keeping them sometimes a day or two, and then find out they had already registered and did not violate the law?
A I have already explained that the Federal officers spent a good deal of their time in such work, and I have explained that that was in the operation of the selective service law.
Q The Rangers had nothing to do with that? A So far as I know, there can be nothing attributable to Rangers in the exodus of 1917 and 1918.
Q In fact, they did not participate in enforcing the selective draft law?
A During 1917 we didn’t have them down at Brownsville; they didn’t come to Brownsville until in April or early in May, 1918.
Q Now, Mr. Jessup, can you name a single instance, not only from your knowledge but even from hearsay, of a United States soldier during 1915, 1916, 1917 or 1918 having captured Mexican persons and killing them?
A United States soldiers?
Q Yes, sir, after they were captured?
A No, sir, I don’t know of any.
Q Now, you know Mr. Kibbe?
A Well, which one?
Q Frank W. Kibbe?
A Yes, sir.
Q What sort of a man is he—isn’t he a reliable man and a man well acquainted with the Mexicans and the situation there?
A So far as I know.
Q If Mr. Kibbe says that man Garcia, who had been working for him a number of years, was a law-abiding man, do you believe that his testimony is good?
MR. MOSES: We object to that. Has Mr. Kibbe been here?
CHAIRMAN BLEDSOE: The only reference to his testimony was that testified to this morning, that the special officer of the Mexican Government-
MR. MOSES: Well, if he testified to that, all right, but we don’t think it is proper cross-examination.
CHAIRMAN BLEDSOE: I don’t think it is proper cross-examination.
Q Mr. Kibbe had been there a long time?
A Mr. Kibbe had been manager there the year prior to my going there.
Q He went there very frequently?
A No, sir, he didn’t go there frequently; he went there about once a week, and they had a lot of Mexican laborers on the plantation, so I don’t think he became intimately acquainted with any of them.
MR. CANALES: That’s all.