Indian Agency Attacked; Bernstein Murdered

When the Regulators attacked the Indian Agency and murdered Morris Bernstein, the "Ring" had what they needed to get the support of federal troops. This support was granted ONLY to track and arrest those responsible and bring them to the PROPER authorities. Dudley took it upon himself to twist these orders to use troops to protect the interests of the "ring" Once District Headquarters received news of it, they sent orders to Dudley to cease this illegal use. The documents below report the first hand witness statements of these accounts. Thomas Blair interviews Dr. Blazer, Major Godfroy, and Jose Carillas, about the death of Mr. Bernstein on August 5, 1878 at the Mescalero Indian Agency, and the first set of documents is the report of those interviews to the Post Adjutant at Fort Stanton. There is a lot of information to be gleaned from these documents, firstly the mention of the “missing beef” and that Mr. Bernstein was offended by accusations of being a part of it. Also found in the testimony that Jim Reese was shot in the head in Tularosa a few evenings before Mr. Bernstein was killed. Lastly, the witness statement that the “McSween Party” was gathered at Frank Coe’s ranch later that evening, they were talking about the incident, and who was present at the ambush. Those listed as being part of the party being: “Fernando Herrera” ”Frank Coe” “Doc Scurlock” “Middleton” “Kid” “Henry Brown” “Scroggins” “Dirty Steve” “Jim French” “Joe Bowers” “Charley Bowdre” and Ignazio Gonzales. We also see, that once again, J. J. Dolan makes an appearance..

August 8, 1878 ~ The second grouping of documents is a letter Mr. Godfroy wrote to the Commanding officer at Fort Stanton regarding the murder of Mr. Bernstein. In this letter he names Kid, French, Bowdre, Middleton, and states they consisted of about 20 to 25 men. He again, uses this opportunity to request Troops from the government, this time on the grounds that he can not perform the duties of passing out rations to the Indians on behalf of the Government. All the while, it was well known that they would get beef from the Government that was supplied by the “Dolan Party”, sell the good beef to the people in Lincoln, and use left over scraps to issue the Indians the rations they were promised.

August 7, 1878 ~ The third document is a letter from Goodwin to the General. Note on here the location he is writing from is the Scurlock Ranch.

August 9, 1878 ~ The fourth document are the orders given in response of the requests made for assistance from troops to aide in the arrest of those responsible for the murder of Mr. Bernstein and protection of the Indian Agency. As you can see, Dudley and “the Ring” manipulated these orders to use the troops as protection details for those in their “party.” The commanding District headquarters got word of it and later ordered the use of troops as protection to stop immediately. The list of those named to be arrested are: “Scurlock” alias “Doc” Antrim alias “Kidd” “Bowdry” “Scroggins” “Dirty Steve” “Henry Brown” “Coe” “Joe Bowers” and others

August 15, 1878 ~ The sixth document shown below is a letter from John Loud to Dudley, inquiring why he has ignored prior orders to not provide troops to “the ring.”

August 22, 1878 ~ The fifth document is a letter Dudley wrote to the Adjutant General in response to correspondence received from John Loud. You can tell from this letter he is starting to feel the pressure. He is twisting the laws and words of his commanding officers to provide guards and aide to “the Ring”

September 5, 1878 ~ The seventh document is witness testimony of Thomas Baker, who was camped at Henry Browns ranch and heard them discussing the murder of Morris Bernstein. His account states that they killed Mr. Bernstein by mistake.

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August 9, 1878

Fort Stanton NM

Post Adjutant, Fort Stanton NM

Sir:

In obedience to instruction of the 6th instant contained in Par 3 SO 71 cs I have the honor to report that I went to Mescalero Indian Agency, arriving there at 5:30 pm, just in time to take part in the funeral of Mr. Morris Bernstein, who was murdered on the 5th instant, near the Agency issue rooms, by a party supposed to be headed by one “Doc Scurlock.”

The following are the facts so far as I have been able to ascertain them and the conclusion I base thereon. First, Dr. Blazer stated as follows:

I was at home at the time Mr. Bernstein was killed and can only speak from hearsay. I was in the sawmill, looked out and saw Maj Godfroy on his horse. He appeared excited, was pointing towards the issue room, from in front of the agency and seemed talking to some soldiers. I started to run up to the house from the Mill to inquire the cause of the excitement when I saw the agent start off towards the issue room on horseback, at full speed. The soldiers started at the same time to run towards the issue room, with their arms in their hands. When I got to the house Mrs. Smith told me they were fighting up at the issue room. I inquired who, she said she did not know, whether it was Indians or Texans. I then got my arms, went up to the little observatory on fop of the agency and remained there until I saw Gordon Burt coming down the road. When I came down and met him I inquired who were fighting. He said he thought it was Texans and Indians fighting and Mr. Bernstein had gone out on Maj Godfroy’s horse to see what was the matter and he was satisfied he was killed, as he saw the horse loose and an Indian had told him he was killed and asked me not to speak of it till we knew certainly, what was the reason of the fight. Pretty soon Lieut Smith and Maj Godfroy returned and confirmed Burts report, that Mr. Bernstein had been killed. I know nothing but what I was told except that I saw Mr. Bernstein was dead.

Q. Who do you suppose he was killed by?

Ans. I don’t know, but I suppose he was killed by what is called the McSween Party. I have heard him say, he thought his life was in danger from that party. He didn’t say why. He said he had risked his life several times, looking after the offices of the Agency.

Q. In a conversation between you and Mr. Bernstein a few evening since, did you tell him he had called you a liar or accused you of lying and that no one who called you a liar could live?

A. He said that I had injured him personally by reporting the absence of beef to General Dudley. I told him I had not. I had reported the absence of beef first to Capt. Smith in a conversation in regard to the condition of the county, not as reporting a wrong, but fearing from threats that San Juan, Gregorcia and other Indians had made to me that it would bring on an Indian War with the present disturbed condition of the county that Capt Smith had insisted on my going with him that it was my duty to report the same thing to Genl Dudley. I had done so at his request and not to injure him or Riley or any other person. That Capt Smith knew the conversations also Genl Dudley did, that they would tell him the same I did, that I insisted on him retracting the assertion that I had sworn to a falsehood, that I could provably by Capt Smith and Genl Dudley what I had sworn and could prove the assertion was true by Mr. Easton. That Mr. Riley had admitted in writing the truth of the assertion I had made, at least that Riley had told me and that Genl Dudley had told me so. He then said that he would see Capt Smith and Genl Dudley. If they said it was true he would admit he had been laboring under a mistake. I told him that we satisfactory to me and he would have any length of time he wanted to consult those gentlemen. He could go alone, or I would go with him. This was in the evening perhaps the time (900 am).

That night I was sent for by a man calling himself Roxey (note by me: Roxey is George A. Rose, who was a member of the "Rio Grande Posse" aka "John Kinney Gang"), telling me that Jim Reese was shot in the head and wanted me to go and see if I could do anything for him. That was between 3 and 4 o clock in the morning. I told the messenger that my horses were out that as soon as I could get them I would go. In the morning after sun up, I was standing on my porch, Mr Bernstein came round the corner of the house to my porch as me if there was a horseman came to my room during the night. I told him yes, Bonito Montoya brought a note from Roxey saying Jim Reese was shot in the head. He said he knew Jim Reese and would like to see the letter. He went into my room read it and asked me to write to him on my arrival in Tularosa, if there was any hope of benefitting Reese, that he might write to Dr. Appel. When I got to Tularosa, Reese was dead and I did not write to him.

I returned the same evening. Mr. Bernstein and I talked together. He appeared satisfied with my explanation and I thought there was no more trouble between us on that subject. I would say further that Mr. Farr went with me to Tularosa. I believe he was present at the conversation with Mr. Bernstein, both in the morning and evening. A few evenings before this a citizen whose name I will not give came to me and told me he was satisfied from what he had heard that my life was in danger, that Mr Bernstein very much incensed against me.

Q: Did you consider there was any connection between Mr. Bernstein being incensed against you and your life being in danger?

A: I considered there was a connection between Mr. Bernstein’s being incensed against me and the danger to my life. I don’t know that I have had any conversation with any of the party wherein I suppose to have killed Mr. Bernstein since the court. I think I have heard the opinion expressed that if any of the McSween party caught Mr. Bernstein, they would kill him. I believe McMillen now in my employ has so expressed himself. I don’t think any reason was assigned for thinking so. I never had reason to suppose that any party would come to the agency, to kill Mr. Bernstein as they did. I asked Roxey if he knew or had heard of any danger to my life from the Sheriff’s party. He told me he had never heard of any threats being made by them either to injure myself or destroy my property. In further explanation Dr. Blazer said, he told Mr. Bernstein he must either retract his assertion, that he (Dr. Blazer) had sworn falsely, or fight him, and that Mr. Bernstein had told him if Leuit Smith and Genl Dudley confirmed the Doctors statements he would retract, if they did not, he would fight him.

-Mr. Godfroy, U. S. Indian Agent stated as follows:

Mr. Bernstein and myself were at the issue room, is seeing to the Indians. The Indians who came that day had pretty much all gone. All at once I saw the squaws in the vicinity of the issue window throw up their hands and halloo and shout that there was some shooting going on. Those near the window threw back their rations for safe keeping and ran in all directions. Mr. Bernstein immediately ran out, going towards the shooting. I called him back and told him he had better take a horse. I __ called him to be very cautious as we did not know who the firing was done by. That I was afraid that the wild Indians who had just come in had met come of the Indians here and were fighting with them. There were then some Indians in sight shooting over the crest of the hill. Finding they were not supported they all retreated except two, who kept up an incessant fire at the (to us unseen enemy) The last words I said to Mr. Bernstein were: If you get there before I do and find that it is the Indians fighting, try and persuade them to stop, and if it becomes necessary shoot back, don’t shoot until the last moment. I immediately got another horse, and as I left the issue room, I saw him ride over the crest of the hill from behind which the shooting was done, and before I got halfway, I saw the horse had been riderless. I knew then that he was killed, but not by the Indians. I pushed on till I got to the crest and I satisfied myself that we were attacked by others then Indians. Suddenly a man appeared, a white man, with his gun in his hand and looking alternately at me and the Indian who was pressing him close. He shot at the Indian and immediately another mad appeared and shot in my direction. At the same time three shots came from the right side and rear of him in the same direction, the balls passing over my head, I knew it would be folly to remain there longer, as I would certainly be killed if I did. Knowing that Lieut Smith and four soldiers were at my house which is a mile distant I started to get their assistance.

Lieut Smith and three of the soldiers returned with me leaving one to protect the house.

When we returned, shooting was still going on between the two Indians and the unknown assailants. As soon as they saw me returning with soldiers the firing ceased and they left, taking with them all the agency animals and leaving four of them own horses, saddled and bridled which had got away from them during the fight. After some searching I found the body of Mr. Bernstein lying in its face, with

four bullet holes in it. His Winchester rifle, pistol and cartridges were gone, his pockets were turned inside out and contents gone.

-Jose Carillas, interpreter stated as follows:

Maj Godfroy, Mr. Bernstein and myself were issuing rations when I heard some shots. Mr. Bernstein got on his horse. He thought it was the Indians fighting among themselves and he was going to try and stop it. I suppose these shots were fired to draw Maj Godfroy, Mr Bernstein and myself out of the house. Soon after Mr. Bernstein left, I saw his horse running back loose and I supposed Mr. Bernstein was killed. Maj Godfroy started in the direction where he supposed Mr. Bernstein was killed as soon as he saw the horse coming back alone. Then they commenced to shoot at Maj Godfroy who turned and came to the house and went back accompanied by Leuit Smith and some soldiers. When they arrived where Mr. Bernstein’s body was laying, I went around a hill and saw the men who had been shooting. Someone said in Spanish here comes the Major with soldiers lets go into the canon. Someone replied in English there are some of us a foot and let us take those horses belonging to the agency. Some time after I met a boy called Juan Amillo, who lives at Tularosa. He said he was coming from towards the post, said he met some Texans about two miles from the issue house. Five of them came to his wagon and took his horse which he had tied behind it. One of the men he knows to be “Doc Scurlock” he saw some more men driving off horses and mules belonging to the Agency but could not say whether they were Americans or Mexicans as they were some distance off. I think there were about twenty of those that I saw. I believe the party wanted to kill Maj Godfroy and myself to Whilst I was running into the house a ball passed within less then two feet of me. I don’t know why these men should want to kill me. I had never had any quarrel with any of them. I have heard the Indians talk about the man and women who were shot by the Navajo Indian scouts. They say they were off the reservation by permission of Maj Godfroy and they would like to know whether he or these Navajos is their agent. They keep everything very secret from me. I would hearsay that Maj Godfroy informed me, one of the two Indians who opposed the attacking party to the last was the man whose wife and child were shot by the Navajo Scouts. This is the only information I have been able to obtain on the subject. After my arrival at the agency, perhaps two hours, Lueit Goodwin who had been in pursuit of the murderers of Mr. Bernstein arrived with him were J. J. Dolan and Pantaleon Gallegos. They informed me that an American, name unknown at Frank Coes hose, whether they had tracked the murderers told them the following named men were in the party; “Fernando Herrera” ”Frank Coe” “Doc Scurlock” “Middleton” “Kid” “Henry Brown” “Scroggins” “Dirty Steve” “Jim French” “Joe Bowers” “Charley Bowdre” and Ignazio Gonzales (19) in all. Some were in the vicinity of Coes ranches all the party but two had left the road and he believed they intended concentrating at San Patricio. Mrs. Godfroy heard Dr. Blazer tell Mr. Bernstein that he has called him a liar or accused him of lying and that no man who called him a liar could live, the Doctor at the same time striking the table with his fist. He said that he could have sixty Mexicans here in ten hours. She did not exactly know for what purpose. It appears Dr Blazer has been in various ways insinuating and making immendas against Maj Godfroy since the latter referred to discharge Mr. Bernstein. Miss Kate Godfroy heard Dr. Blazer strike the table with his fist and tell Mr. Bernstein that he had called him a liar and any man who did that could not live. That was only a few days before Mr. Bernstein was killed. In conclusion I would say, that I am fully convinced Mr. Bernstein was murdered by the band of outlaws known as the McSween Party. I think it is very evident that manner of attack was premediated and that the first shots were fired at the Indians in order to draw Maj Godfroy, Bernstein and some other employee outside the buildings and then murder them. I did not obtain sufficient evidence to warrant me in connecting any others with the murder then the party already mentioned. That is the McSween Party. I invite special attention to the statement of Dr. Blazer, to a person wholly disinterested in the affair, they are remarkable. He neither expressed surprise nor regret at the murder of Mr. Bernstein, no sympathy for his friends. He also insinuated to me that Mr. Bernstein had frequently tampered with his letters. I consider the life of Mr. Godfroy in very great danger, unless he has a guard of soldiers. I don’t know that with that he will be safe against attacks.

Very Respectfully.

Your obedient Servant,

Thomas Blair, Capt 15th Infantry

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August 8, 1878

Office of Mescarlo Apache Indian Agency

South Fork, Lincoln County, NM

August 8, 1878

To the Commanding Officer, Fort Stanton New Mexico

Sir:

I have the honor to inform you that on the 5th Instant while I was at the issue room, issuing to the Indians their rations: the Indians were fired upon by a set of murderers, Kid, French, Bowdry, Middleton, consisting in all about 20 or 25 men. As soon as my clerk Mr. Bernstein went to see what the troubles were, a party laid down behind a tree and brutally murdered him. He was shot in 4 places, and robbed, his pockets were turned out, and all valuables taken. I was following him and narrowly escaped, they fired at me, but owing to the horse I was riding, I escaped. I would most earnestly request that you furnish me troops to preserve and capture these murderers. It is well known by all, that no civil law exists in this country, and there is every prospect that I will be compelled to leave this place, if this should happen, there would be no one to furnish the Indians rations and the result no one knows better than yourself.

It is my urgent request, that for the interests of the United States Government you will use your position as a United States Officer who well knows the condition of affairs, to lay this matter before the highest authorities.

I am sir:

Very respectfully,

Your obedient Servant

F. C. Godfroy

U. S. Indian Agent

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Scurlocks Ranch

Ruidosa, New Mexico

Dear General,

When I got beyond Dowlins Mill, I found that the whole party had gone down the Ruidosa. 16 in number. Their trail was so fresh I followed them, but have had to give it up for the present, and will go to the agency to night, my men have no haversacks to carry rations in and I want bad a pack mule from Major Godfrey.

Yours respectfully,

M. F. Goodwin

Lt. Commanding

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Headquarters, Fort Stanton, NM

August 9, 1878

Special Orders No. 73

I Under the provisions Title XXVIII Section 2150 U. S. 2nd Lieut M. F. Goodwin 9th Calvary in Command of Detachment now temporarily stationed at the Mescalero Apache Indian Agency will proceed with as little delay as practicable on the trail of “Scurlock” alias “Doc” Antrim alias “Kidd” “Bowdry” “Scroggins” “Dirty Steve” “Henry Brown” “Coe” “Joe Bowers” and others charged with attacking the Indians on the 5th instant at Mescalero Apache Indian Agency at South Fork, NM Killing Chief Clerk Morris Bernstein and assaulting with intent to kill F. C. Godfroy, U. S. Indian Agent of said Mescalero Apache Indian Agency, and if possible arrest said murderers and bring them to the post to be turned over to the proper authorities and also recapture the animals stolen by said outlaws from said agency, using the force under his command for this purpose. The A. A. L. M. will send under guard three serviceable pack animals and saddles immediately to Dowlins Mills, to await the arrival of Lieut. Goodwins party, also five days rations for 15 men, and 1000 rounds of ammunition.

August 22, 1878

Headquarters, Fort Stanton

Acting Asst. Adjutant General

District of New Mexico, Santa Fe

Sir:

I have the honor to acknowledge the receipt of your official communication of the 15th instant relating to Par V SO 68 cs Post Fort Stanton, NM and to state that I immediately took steps to withdraw the guard from the house of County commissioner Bacca residing in Lincoln, who is now absent in Santa Fe with a committee for the purpose of asking relief or aid from his excellency the Governor. I am thoroughly satisfied, from information I consider reliable, that the late McSween party will kill him (Bacca) if a possible chance offers. I have recalled all guards except the one sent to the Mescalero Apache Agency, which is acting under Par II SO 76 cs Post Headquarters. The instructions they have only cover Government property and it seems to me must be legal. The authority for furnishing Mr. Bacca a guard and giving it the instruction I did, I would state was based on my interpretation of Dec 1991 and sec 1984 Revised statuses, as well as Article 4 of the constitution which insures states against “Domestic Violence” the latter I respectfully submit exists in Lincoln County. He, Bacca, was not a county commissioner at the date of the order referred to, hence I was not giving aid to an official. I respectfully ask if I am to understand the letter of instructions referred to, as prohibiting my giving protection to citizens coming upon the reservation, asking protection for the lives of themselves and families I have allowed both ex sheriff Copeland when he was Sheriff and the present Sheriff Peppin, to remain at the post several times when they were afraid to remain at the County seat or in the hills no with standing they had a civil posse of eight and ten citizens each with them. I regret my wrong interpretation of these sections mentioned but am glad to receive so positive an order as the one contained in yours of the 15th instant. The letter of June 25 cs cited by you, simply prohibits the use of troops as a posse comitatus to the civil authorities and prohibits the use of them in aiding the civil authorities of Lincoln County, NM. I reasonably supposed I was justified in protecting the lives of private citizens including a woman in child bed and her family of daughters against the assaults of outlaws, murderers, and horse thieves in the total absence of a shadow of civil law Genl Orders No 49 cs War Dept was received with the letters of the 15th inst from district headquarters.

Very Respectfully, Your Obedient Servant,

N. A. M. Dudley

Lt Col 9th Calvary

Comdg Post

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Headquarters District of New Mexico, Santa Fe NM

August 15, 1878

To the Commanding officer, Fort Stanton, NM

Sir: The District Commander directs that you be reminded that the Order prohibiting the use of troops and which was communicated to you in telegram and letter of June 25, 1878 from this office does not cover the authority assumed by you in Par V Special Orders No 68, Fort Stanton August 1, 1878, whiein you sent a detachment to protect the lives and property of a citizen with orders to defend the house to the last extreme, except on demand of legal authority. This use of troops is entirely illegal and must be stopped immediately.

Acknowledge receipt,

Very Respectfully,

John S. Loud

1 Lt & Adjt 9th Cav

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Mescalero Agency

5 Sept 1878

Post Adjutant, Fort Stanton, NM

Sir:

I respectfully report for the information of the post commander, that on the night of August 30, 1878 an employee of Dr. Blazer (Mr. Stracie) while sleeping at Browns Ranch over heard a conversation between the Coe brothers and other parties unknown as to the murder of Bernstein to the effect that they did not want to kill him (Bernstein) but that while they were firing at the Indians he rode and asked what do you S—of--B—want here, at the same time firing his pistol at the man most nearest to him (a Mexican) which fire was immediately returned by the whole party, that they have nothing against Major Godfroy, they supposed they had been (Major Godfroy) frightened, out of his wits which was all they wanted that if they wanted to kill him they could do it any day of the week. Immediately on the receipt of your letter I showed my letter of intentions to Major Godfroys subordinate, I must say immediately on my arrival at the Agency I reported to Mr. Godfroy in person did neglect to show him my instructions.

I am sir, Very Respectfully your

Obedient Servant

Thomas S. Baker

Corpl Co H 15th Infantry

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