51-1Indian Depredation ClaimsL-C of E. Montoya and Sons. [2743] Mescalero Apache depredations of 1879-80 in New Mexico.1890-2

House of Representatives Executive Doc. No. 132, 51st Congress, 1st Session (1890)

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51ST CoNGRESS, } HOUSE OF REPRESENTATIVES. lst Session. {Ex. Doc. No.l3:?. INDIAN DEPREDATION CLA.I~I OF E. MONTOYA & SONS. LETTER FROM THE SECRETARY OF THE INTERIOR, TRANSMITTING Papers in the Indian depredation claim of E. Montoya & Sons. JANUARY 20'" 1800.-Referred to the Committee on Indian Depredation Claims and ordered to be printed. DEPARTMENT OF THE INTERIOR, Washington, January 17, 1890. SIR: I have the honor to transmit herewith copy of a communication of the 30th September, 1889, from the Commissioner of Indian Affairs, inclosing certain papers in the Indian depredation claim of E. Montoya & Sons, No. 1973, which claim was transmitted to Congress in January, 1888. (See Ex. Doc. 34, Fiftieth Congress, first session.) These papers were returned to the Indian Office from the llouse of Representatives on 23d September, 1889, and are as follows: Joint affidavit of the claimants; formal application of E. Montoya & Sons; joint affidavit of Tereso Lopez, Pelagio Armijo, and Ramon Galbave; copy of Indian agent's report, dated J nne 8, 1880; office letter of April 4, 18t31, and Department letter of Jan-nary 12, lt382. The Commissioner states that all the above affidavits were executed before a justice of the peace, whose official character is not certified to, but that if this testimony were in legal form it would not insti(y any change in the conclusions heretofore reached by his office on the case, and, in compliance with his recommendation, the papers are herewith returned with request that they be filed with the above claim. · Very respectfully, JOHN W. NOBLE, Secretary. The SPEAKER OF THE HOUSE OF REPRESENTATIVES. DEP ARTMEN'l' OF THE INTERIOR, OFFICE OF INDIAN AFFAIRS, Washington, September 30, 188~. SIR: On November 2, 1887, this office ~mbmitted a report on depre-dation claim No. 1973, of E. Montoya & Sons~ amount ~6~770, ~u<\ · u~ £~~ ~s-:tQ 2 CLAIM OF ~. MONTOYA AND SONS. pursuant to Department letter of November 4, 1887, the claim, with all the papers then on file, was transmitted to Congress January, 1888. (Ex. Doc. 04, Fiftieth Congress, first session.) On the 23d instant the following papers were returned to this office from the House of Representatives: Joint affidavit of the claimants; formal application of E. Montoya & Sons; joint affidavit of Tereso Lopez, Pelagio Armijo, and Ramon Galbave; copy of Indian agent's report, dated June 8, 1880; office letter of April4, 1881, and Department letter of January 12, 1882. All the above affidavits were executed before a justice of the peace, whose official character is not certified to, but if this test,imony were in legal form it would not justify any change in the conclusions on the case heretofore reached by this office, and I have the honor to recom-mend that these papers (which are herewith inclosed) be transmitted to Congress to be filed with above claim. Very respectfully, R. v. BELT, Acting Commissioner. The SECRETARY OF THE INTERIOR. To the Hon. Board·of Award of Indian Claims, Washington, D. C. (Through U. S. Indian agent, Mescalero Agency, N.Mex.): GENTLEMEN: You will find inclosed onr account against the Governmel).t for stock stolen from our ranch, 8 miles west of this place. These animals have been stolen by the Mescalero Apache Indians, who belong to the Mescalero Indian Reservation, ~outh Fork, N. Mex. Those of our account stolen on June 7, 1879, were taken from our ranch and were trailed to the above-mentioned reservation, and it is positively certain that the stock were stolen by the above-r~n­tioned Indians. Since then we have made every effort in our power to recover said mentioned stock, but have failed in so doing. Those meutioned in our accounp of date March 12, 1880, were stolen on the night c f M~trch 12, 1880, and were :1lso trarled to the same reservation. We respectfully submit our account and ask that we should be advised, so soon as possible, of any and all necessary steps to be taken in order to recover payment for our stock. W o inclose our sworn statement of the correctness of our claim. Hoping that this will receive soon and favorable notice, we remain, Most respectfully, E. MONTOYA & SONS. SAN ANTONIO, Soco?TO Cmmty, N. Mex., April H, 1880. The Government of the United States, Dr., to E. Montoya 1" Sons, San Antonio, Socorro County, N. Mex. June 7, 1879. To 12 mares, at $50 each ........•................•••..•...... To 7 mules, at $60 each .............•..•......•.....•....••.. Mar. 12, 1880. To 82 mares (in fold), at $50 each ........................... . To 6 saddle horses, at $60 each ..........•........ _ ........... . To 2 mules, at $60 each . • . • • .. ............................. . To ~29 colts (one year old), at $30 each ....................... . To 1 stallion (stock horse) ..• _.. . . .. . . . _ •..••............•.. $600 420 4,100 360 120 870 300 Total . . . . . . . . . . . . . . . . . . . • . . . . . . . . . . . . . . . . . . . • . • . . . . . . . 6, 770 E. MONTOYA & SONS. I u,.,.,_:.,.w~------CLAIM OF E. MONTOYA AND SONS. 3 TERRITORY OF NEW MEXICO, County of Socm·ro: Personally appeared before me, a justice of the peace in and for the county and Ter-ritory aforesaid, Estanislav Montoya and Entimio Montoya, of the firm of E. Montoya & Sons, residents of the town of San Antonio, personally known to me, and who, being auly sworn according to law, do declare and state that the account presented by them against the Government of the United States for stock stolen by the Indians belonging to the Mescalero Indian Reservation is true and correct in number, and· also true and correct in valuation, so near as it is in their power to give it. In testimony thereof I hereby affix my hand and seal this the 8th day of April, A. D. 1880. LUIS NAYAN, Justice of the Peace, Precinct No. 7, Soco1To County, N.Mex. TERRITORY OF NEW MEXICO, County of Socorro: Personally appeared before me, a justice of the peace in and for the county and Ter-ritory aforesaid, Estanislav Montoya, Desiderio S. Montoya, and Entimio Montoya, of the firm of E. Montoya & Sons, residents of San Antonio, of above-named county and Territory, personally known to me, and who, being dnly and severally sworn accord-ing to law, do declare and state that the account presented by them dated June 7, 1879, and March 12, 1880, against the Government of the United States, for stock stolen by the Apache Indians belonging to the Mescalero Indian H.esenation, is true and correct in number, and also true and correct in valuation, so near as it is in their power to give it. E. MONTOYA. [SEAL.] D. S. MONTOYA. [SEAL.] ENTIMIO MONTOYA. lSEAL.] Sworn and subscribed to before me this 4th day 1>f DecemlJcr, A. D. 1880, and I cer-tify that I know the affiauts to lJe credible persons, and that I am not interested in this claim in any manner whatever. RUFEL BALUSURLEE1 Justice of the Peace, Precinct No. 7. TERRITORY OF NEWMEXICO, Cou.nty of Socorro, ss: On this 8th day of April, A. D. 1880, personally appeared before me Tcreso Lopez, Pelagio Armijo, ...-and Ramon Galban, residents of Socorro County, Territory afore-said, who, being duly and severally sworn according to law, declate ancl say that. they are immediate neighbors of Estanislav Montoya, Desiderio S. Monto~·a, an1l Eutimio Montoya, of the firm of E. Montoya & Sons, who subscribed to the accompanying affi-davit in their presence; that they have read said affidavit an(l know its contents to be true from the fact they were eye-witnesses to said robberies lJy said Indians. They further declare and say that they know tho animals stolen from the fact tb~t they wert" herders of same stock at the stock ranch of said E. Montoya & Sons, and that they know the animals were worth full the amount mentioned in announced ac-count; that they know that E. Montoya & Sons have never sought private satisfac-f&ction or revenge from said Indians; and that they have uo interest whatever in this claim; and that they have never borne arms against the United States. Witness: JUAN A. GoNSALES. JULIAN JARAMILLO. lNOCENTE 0L VIDO, TERESO LOPEZ. [SEAL.] PELAGIO ARMIJO. [SEAL.) RAMON (his X: mark) GALBAN. [SEAL. J Sworn and subscribed to before me this the 8th day of A1n·il, A. D.188v, and I cer-tify that I know the affiants to be credible persons, and that I am not interested in this • claim in any manner whatever. . LUIS NAYAN, Justice of the Peace, Precinct No.7, County of Socorro. U. S. lNVIAN SERVICE, Mescalero Agency, Smtth Fork, N. lJfex., June 8, 1880. SIR: I have the honor to forward herewith the claim of E. E. Montoya & Sons for depredations said to have been committed by the Apache Indians. I have submitted these claims to the Mescalero Indians, now at this agency, as-sembled in council. They deny all knowledge of these animals having been stoleu by their people, and assert positively that they do not believe they were. 'J'hat if taken by the Indians it was Warm Spring Indians and not Mescaleros. That San 4 CLAIM OF E. MONTOYA AND SONS. Antonio is nearer where the \Varm Spring (Victoria.'s band) Indians live and in their line of travel. The residence of the Mr. Montoyas is San Autonio, is near, not quite 150 miles from this agency. It has been impossible for me to learn anytbing about them or their witnesses without going there. If in such cases it is your wish that I visit the dif-ferent localities I will try and do so, although it may be bborions and exj_jensive. Very respectfully, yon~ obedient servant, Hon. COMMISSIONER OF INDIAN AFFAIRS, WaBhington, D. C. S. A. RUSSELL, U. S. Indian Age .. ~. DEPARTMENT OE THE INTERIOR, OFFICE OJ!' INDIAN AFl!'AIRS, WaBllington, April 4, 11:381. SIR: I have the honor to submit herewith the claim of E. Montoyo & Sons, filed in t.his office June 17, 1880, amounting to $6,770, on account of depredations alleged to have been committed by Mescalero Apache Indians in 1879 and 1Ht30. The claimants in their sworn declarations of April 8 and December 4, 1880, state that on the 7th of June, 1879, Mescalero Apache Indians stole from their ranch honscs and mules valued at $1,020; also on the night of March 12, 18tl0, horses aiHl mules valued at $5,750; that since the alleged stealing they have made every effort iu their power to recover said stock, bnt failed in so doing. In support of their claim claimants file the joint affidavit of Tereso Lopez, Pelagio Armijo, and Ramon Galban, dated April 8, 1880, who state that they are residents of Socorro County, Territory of New Mexico, and immediate neighbors of Estanislao Montoyo, Desiderio S. Montoyo, and Eutinio Montoyo, of the firm of E. Montoyo & Sons; that they have read said declaration and know its contents to be true, from the fact that they were eye witnesses to said robberies; that they knew the animals, and that they were herders of the stock ; that the animals were worth tho amounts mentioned, and that they have no interest whatever in this claim. Under date of June 8, 1880, the agent at the Mescalero agency reports that the In-dians in council deny all knowledge of these animals having been stolen by their people, and positively assert that they do not believe they were After considering the facts in this case I find: First. That the evidence presented is insuffident and unsatisfactory. Second. That the witnesses (claimants' heruers) fail to give any evidence showing that they eudeavorecl to prevent the Indians from taking said stock. Third. The claimants fail to show that at the time the depredation was committed the property was being properly guarue<i and carou for, and that the loss thereof was not occasioned by the negligence or carelessness of themselves or employes. I am of the opinion, therefore, that claimants are not eutitled to indemnity for their losses. Very respectfully, your obedient servant, E. M. MARBLE, The SECRETARY OF THE INTERIOR. Acting C01mniB8ioner. DEPARTMENT OF THE INTERIOR, WaBhington City, January 12, 188~. SIR: In compliance with the terms of the seventh section of the act approved May 29, 1872, entitled ''An act makin_1 appropriations for the current and contingent ex-penses of the Indian Department, and for fulfilling treaty stipulations with various Indian tribes, for the year ending June 30, 1873, and for other purposes," I have tho honor to transmit herewith the claim of E. Montoyo & Sons, amounting to $6,770, for compensation on account of depredations committed by Mescalero Apache Indians. A letter dated the 4th day of April, 1881, from the Commissioner of Indian Affairs, reporting the nature, character, and ~tmount of said claim, is accompanied by the evidence presented in support thereof, and shows the action taken by that officer, under the rules and regulations prescribed by this Department for tho investigation of such claims; all which is respeutfully submitted for the consideration of Congress, as contemplated by said seventh section of tho act aforesaid. Very xespectfully, your obedient servant, The SPEAKER OF THE HOUSE OF REPRESENTATIVES. 0 S. J. KIRKWOOD, Secretary, 

Indian depredation claim of E. Montoya & Sons. Letter from the Secretary of the Interior, transmitting papers in the Indian depredation claim of E. Montoya & Sons.

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Indian depredation claim of E. Montoya & Sons. Letter from the Secretary of the Interior, transmitting papers in the Indian depredation claim of E. Montoya & Sons.

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