Chapter XL: What Finally Happened at Brownsville

HOW STATE OFFICERS FAILED TO SUPPORT THE MEN WHO QUIETED DISORDER AND LOCATED CRIME

But, meantime, something was going on. Telegrams were racing to and fro between Fort Brown and Washington, and in the course of the day Captain McDonald noticed that Major Penrose and his officers were paying visits to prominent Brownsville attorneys. A whisper came to him that the three companies were to be moved--the prisoners with the others. Noticing that the major and his companions went into the office of James B. Wells--a prominent lawyer, formerly judge of the district--the Ranger Captain and one of his men followed them. Immediately upon the entrance of the Rangers, the conference, such as it was broke up. Evidently something was on foot, but Captain McDonald, strong in his faith in the law as expounded to him by Judge Welch and Attorney Kleiber; also, in the co-operation of these officials, expected nothing more serious than the removal of the remainder of the troops. An order for such removal was, in fact, received on that day--August 23d.

It was on Friday, the 24th, that matters reached a climax. Early that morning Judge Wells--"Jim" Wells, as he was familiarly called--met Captain McDonald with some news. (The two were of old acquaintance.) Wells said:

"They are going to take your prisoners away, Bill, and you can't help yourself."

"The hell I can't! I'd like to see them take my niggers away from me, and me with warrants for them, issued on the authority of the judge and attorney of this district. Where'd you get your information?"

Wells replied that it had come through the telegraph operator, and that the order was to move the prisoners with the balance of the troops. Captain Bill did not fully credit this news, but he set out at once for the office of Judge Welch, who had issued the warrants. In front of the clerk's office he met Welch; also, District Attorney Kleiber and Major Blocksom. Captain Bill suspected that Major Blocksom was in league with Penrose to get the prisoners away, and he did not much like the appearance of the three there together. With his usual frankness he stated what was in his mind, adding the information just received from Judge Wells. He was assured by Judge Welch that no movement looking to the removal of the prisoners was in progress, and by Major Blocksom that Major Penrose's agreement to hold the prisoners subject to his (McDonald's) orders would be carried out.

Still, the captain was not entirely satisfied. For some reason there appeared to be a change in the official atmosphere of Brownsville since his arrival. When the city was in despair, he had been welcomed with open arms and accorded all authority. Now that he had entered the dreaded stronghold, in defiance of loaded muskets, and placed the very criminals behind them under arrest; now that nobody was any longer afraid of an outbreak, and women and children could sleep at night, there seemed a disposition to ignore his work and his authority. He could not believe that in their anxiety to be rid of the negro troops, the citizens of Brownsville would willingly surrender men who had committed murder in the streets, and trust to the meager chance of the offenders getting justice in a military investigation, a sample of which the city had already seen. It was his purpose not to allow the accused men to leave the jurisdiction of the county until a complete investigation could be made. He was satisfied that Major Penrose and his associates were fighting that investigation, and he suspected that they had by some means obtained the co-operation of the local authorities.

While considering what to do next, Captain Bill became aware that a company of negro troops had already left the Fort and were marching to the railway station. Promptly mustering his Rangers he accompanied the soldiers, making sure, meantime, that they had none of his prisoners among them. As a precaution against being taken unawares, he then notified the railway officials that the special train made up for the removal of the troops would not be permitted to leave Brownsville until he was satisfied that it had none of his prisoners aboard. It did not occur to Captain Bill that there was any suggestion of humor in the fact that he was ranging himself, with his little company, against what is usually regarded as a strong combination--a railroad company backed by the United States Army; the latter represented by three companies of armed and unruly negroes. It may be added that in the performance of his duty he would without a moment's hesitation have opened fire on all three companies. Captain Bill has almost no sense of humor, sometimes.

Returning from the station he saw another company of soldiers leaving Fort Brown. Seeing the approach of the Rangers, this company halted, hesitated, wheeled and once more entered the fort. The Rangers now arrayed themselves in front of the entrance, and stood guard. Presently the company that had marched to the station also returned and entered the enclosure. Nothing further happened. Nobody else attempted to leave the Fort. By and by, the Ranger Captain left his men on guard and went over to the office of District Judge Welch. As he entered, he noticed that Major Penrose and one of his officers, Captain Lyon, were in close conversation with Welch, and he heard Welch say:

"Well, that will be all right!"

Captain did not hesitate.

"Judge," he said earnestly, "you are not compromising with these people?"

"No, Captain, but the Major here has some orders about these men. I've agreed to send them out of the State, after we get through with them, so they won't be bothered," and to Penrose he added: "This is the man who will have to escort them out."

Captain Bill regarded him sternly. He believed this to be a subterfuge.

"Judge," he said, "those niggers are not going to be moved from here. They are my prisoners, and I'm going to hold them. I'm going to wire to the Governor for assistance to help me hold them."

"And I am going to move them away," said Penrose, "for I have an order from the President to do it."

Captain Bill looked interested.

"I should like to see something from President Roosevelt," he said. "I was on a wolf hunt with him once, and I know him very well. I should like to see something from the President."

Major Penrose replied:

"This is confidential. I have shown it to the judge, here; he can tell you."

"If it is confidential, how in the devil can you show it to the judge, and not to me, when they're my prisoners, and I'm here representing the State?"

Penrose qualified:

"It isn't exactly from the President; it's from the Secretary of War."

"Well, I should like to see that."

"I'm sorry, but I can't show it to you. I'm going to move those men, however, at all hazards."

"And I'm going to hold them at all hazards, until I get orders from Governor Lanham to the contrary. I'm going now to wire for instructions and assistance, and with my four men I can hold them niggers, and your whole command, if necessary, until the Governor says to let them go."

Captain McDonald wired Governor Lanham immediately, as follows:

"To Gov. S.W.T. Lanham and Gen. John A. Hulen, Austin, Texas.

"The military authorities are trying to take our prisoners from here for the purpose of defending them and defeating justice, and will attempt to do so at once, over my protest. Please send assistance to prevent this outrage. The officers are trying to cover up the diabolical crime that I am about to uncover, and it will be a shame to allow this to be done. I turned warrants over to them in due form, with the promise that they would hold the prisoners in the guardhouse, and turn them over to me when called for. Everything is quiet, but I propose to do my duty.

"Signed, W.J. MCDONALD, "Capt. Co. B, Ranger Force."

No reply came from the Governor after a reasonable wait, and without further delay Captain McDonald sent to the fort a formal demand for his prisoners, reviewing fully the nature of their offence. Major Penrose replied that he had been directed by higher authority to assure the safety of the said prisoners, and added that when such safety was assured they would be delivered to the civil authorities for trial. He added further,

"_After a most careful investigation I am unable to find anyone, or party, in any way connected with the crime of which you speak._"

The cat was out of the bag, and in full view, now. Major Penrose, regardless of the revelations made in his office, two days before (or, perhaps, because of them); regardless also of his own confession that Captain McDonald had got at least six of the right men, had determined now to make a general and complete denial. He had consulted legal advice--the best in Brownsville--and the result was a plea of "not guilty" for the entire command.

The captain immediately repeated the demand for his prisoners, closing his note by requesting Major Penrose, politely enough, to wait until he (McDonald) had received instructions from his superior officers (the governor and adjutant general), before attempting to move the men.

Major Penrose made no reply to this, and the eventful day wore on. Toward evening it was noticed that a group of officials was gathering in the office of Judge Wells. Captain Bill took one of his men and went over there, each carrying an automatic gun across his arm, as usual. They entered unnoticed, and found a group which included Judge Welch, Attorney Kleiber, Mayor Combe, Congressman Garner, State Senator Willacy and others. Some very earnest talk was in progress in this group, concerning a row and bloodshed which Bill McDonald was likely to bring down upon the community, when, as a matter of fact, the Rangers had brought to the community the only sense of security it had known since the raid. Judge Welch, who had been first to welcome the Ranger Captain and to accord him authority, was now strenuously condemning that very authority and advocating its removal. Just then he happened to catch sight of Captain Bill and his Ranger, standing close by, their guns across their arms. He came near falling over in his surprise and there followed a moment of general embarrassment for the "Anti-Ranger" party. Judge "Jim" Wells was the first to address the captain.

"Bill," he said, "you won't listen to us. You're going against the law and you're going to start a row here that can't be stopped without terrible sacrifice. Those nigger soldiers won't go away and leave those prisoners behind without breaking out again, and next time it will be a good deal worse. They think those prisoners will be lynched, if they're left here. They'll look after them all right, and turn them over to the proper authorities. Don't, for God's sake, get us into another row, Bill."

The Ranger Captain looked from one to another.

"There was a row here before I came," he said. "There's been none since. I come here when the town couldn't get anybody else to come, and you fellows was all scared to death. As for the law, I didn't go into that post until Judge Welch here and the district attorney told me it was all right, and I arrested them niggers on warrants that Judge Welch issued. It's a strange thing to me that the law ain't all right to-day, when it was all right yesterday and day before. As for the rest of the niggers leaving, they'll go fast enough when they get a chance, and I'm going to keep my prisoners here till I get orders from Governor Lanham to turn 'em loose. Furthermore, I don't believe the people of Brownsville want them taken away from here, and I'll tell you right now, that so long as I and my men are here, them niggers are in no danger, nor the people neither."

Judge Welch spoke up. He said:

"You haven't any sense, McDonald. You're running up against the local authorities as well as the United States. I'll settle this thing, right here. I want those warrants."

"Judge," said Captain Bill, "those warrants are not returnable until the third day of September, and this is the Twenty-fourth of August. I'm going to hold that bunch of niggers with those warrants until I hear from Governor Lanham. I've wired the governor for assistance, and I'm waiting now to hear from him."

Congressman Garner spoke up at this point.

"That is a very reasonable request of Captain 'McDonald's," he said, "that the prisoners be held until he can hear from the governor."

Captain Bill parleyed no further, but leaving the group, crossed over to the Miller Hotel--the same that had been fired on by the mob.

Still no word from the governor and adjutant general. That they were being bombarded with telegrams and protests, and that every influence was being brought to bear, the Captain did not doubt. Yet he did not wholly lose faith. He believed that in the end the governor would stand by what had been done and support him in the position he had taken. He left a part of his force to keep watch on the entrance of the fort, and went in to supper. When he had finished, he came outside to take his turn at standing guard. Presently he saw a body of armed men approaching. There appeared to be forty or fifty of them, most of them dressed in khaki, and in the dusk he at first took them to be soldiers. Then as they drew nearer, he discovered that they were led by Judge Welch, District Attorney Kleiber, and the Mexican sheriff, who for the first time was taking an active part in the Brownsville drama--having previously been safely locked up in his own jail. Viewed at this distance of time and space, how silly it seems that those officials, knowing Bill McDonald, as all Texas knew him, could have hoped to frighten him with a nondescript muster like that. They drew their posse--Mexican riff-raff--up in front of the hotel. Judge Welch asked:

"Where's Captain McDonald?"

Captain Bill himself came forward.

"What's the trouble, now, judge?" he said. "Looks like you're going to war, with all these armed men."

"I've come for those warrants," said Welch. "I've got an order for them."

"All right, Judge; you don't need an army, if you've got an order from the proper authorities. Come in here by the light, where I can see it."

So they went in, followed by the Mexican sheriff and his khaki muster, and all the other crowd that could get in--all the citizens and guests of the hotel; the drummers and ranchmen and tourists--they all pushed and elbowed in until the hotel lobby was full and the balcony around the court was crowded (and there were ladies on the balcony), a fine audience indeed for this, the closing scene. Everybody was inside that could get in, now, and the room grew quiet. In the center of the lobby, in a little group, were the chief actors. The Ranger Captain and his sergeant stood together, their automatic guns, as usual, in position for quick and easy service. They made a picturesque pair, with their typical Texas hats, and arms, and dress, and their determined faces. Judge Welch facing them, fumbled a little and produced his order.

Captain Bill held it to the light. It ran as follows:

"To Captain William J. McDonald, Company B, Ranger Force, Brownsville, Texas.

"You are hereby directed and required to immediately turn over the warrants for the twelve soldiers and one ex-soldier, delivered to you for the arrest of these men, without any further attempt at execution of the same.

"Signed, Stanley Welch, Dist. Judge, "39th Dist. State of Tex."

Captain Bill finished reading and regarded the judge steadily.

"This is your own order, Judge," he said. "What is the meaning of it?"

Judge Welch started in to repeat some of the arguments of the afternoon.

"You won't take the advice of your best friends," he said, "and are bound to start something here that will cause the blood to flow in these streets."

Captain Bill looked at him and let his gun rest a little more easily on his arm.

"If that is what you brought this gang here for, we'll start it now," he said.

There was a spontaneous round of applause, from both the lobby and the balcony. The ladies in the latter strained forward to get a view of the man who had defied a command of soldiers and who now, before their very eyes, was facing a sheriff's armed posse, undismayed.

"I'll tell you, Judge," Captain Bill went on. "You-all look like fifteen cents in Mexican money, to me, when I'm doing my duty, you and your ki-ki militia here, and your Mexican sheriff that you told me yourself was no good, and had done nothing, and was locked up in his own jail for protection when I come here."

There was more applause at this point--also, laughter, the latter rather nervous, on the part of the ladies. Captain Bill proceeded:

"Now, you bring him and his gang down here to arrest me for contempt of court, I suppose--you, and your district attorney, after you both told me that I had a full right to enter the post and use such means as was necessary to bring those criminals to justice. Looks like as soon as I get things started and some of the guilty men locked up, the law is all changed and you come here demanding my warrants, and expect to put me in jail if I don't give them up-is that it?"

Judge Welch assumed an air of superior virtue.

"I'm not afraid to do my duty," he blustered.

"Nor I," said Captain Bill, "so fly at it!"

There was more applause then, of course. It was the moment of the dramatic climax--the instant for a telegram from the governor, upholding the position of Captain Bill and putting his enemies to rout. The stage machinery was perfect, too, for a telegram did indeed come at that moment, only, instead of sustaining the chief actor in the drama, it cut the ground from under his feet. Captain Bill took the yellow envelope from the messenger, opened it and read the contents. There were just two sentences. The first was equivocal and meant nothing. The last meant surrender and humiliation.

"Austin, Texas, August 24, 1906.

"To Captain W.J. McDonald, Brownsville, Texas.

"Have requested Gen. McCaskey to prevent removal of soldiers charged with recent murder. Consult district judge and sheriff and act under and through them.

"Signed, "S.W.T. LANHAM, Governor."

After all, it requires defeat to reveal true greatness. Few they are who with the eyes of the multitude upon them can stand with calm eye and steady nerve, unmoved and unfaltering, when the last support is snatched away. It was all at an end, now; all his effort had gone for little or nothing--his final hope had failed. But those watching him could not have told that the crushing blow had fallen. He folded the telegram with a hand that betrayed not the slightest tremor, and with a voice that was entirely steady, and even pleasant, he said:

"Well, Judge, if nothing else will do you, I am ready, now, to give you my warrant for those prisoners. Major Penrose has the other copy and is holding them with it. I can get along, I guess, without a warrant. The train won't leave until tomorrow morning, for the men in charge are instructed not to leave until I say so, and I don't intend to say so, to-night."

The crowd that had been still and breathless during the last few moments, gave a great round of applause at this, and the drama was over.

Captain McDonald still had a very small hope that affairs might take a turn before morning, and all night, with his little army, he patroled the entrance of the fort to see that the prisoners were not moved. That a battle would have followed any such attempt there is not the least doubt. He withdrew all interference next morning, and the train carrying the troops, including the prisoners, left about six o'clock, for San Antonio. The prisoners were taken to Fort Sam Houston, the remainder of the command to Fort Rena, Oklahoma. When the final investigations took place, the man who, according to Major Blocksom, had been willing to "charge hell with a bucket of water," in the cause of justice and duty, was lying ill--the result of his old wounds combined with the misery of unfair treatment. Sergeant McCauley, who was ready with all the evidence, was invited to testify, and did so, but not a single indictment was found by officials, civil or military. The "conspiracy of silence was complete."[17]

But, perhaps, after all, the efforts of Captain Bill had not been wholly without result; for he made a report of the matter to Washington, and President Roosevelt, doubtless recalling that wolf-hunt and knowing the integrity and courage of the writer, viewed that report in the light of evidence. When the official verdict, "Not guilty," was reached, he dismissed, "without honor," the entire command of the Twenty-fifth Infantry.

The Brownsville episode had become national history; a curious chapter--the end of which would not soon be written.[18]

FOOTNOTES:

[Footnote 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_.]

[Footnote 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."]