one regiment, were in possession of this well, temporarily 9. Purchase used pump jack. Location-Dipping Vat Well.......... 10. Damage to livestock through lack of water.... At beginning of maneuvers, our livestock consisted of 691 head cattle as follows: $75.00 2, 325. 00 Many of these cattle were wild, not being accustomed to footmen or any number of motor vehicles, are easily excited, and when so excited will not come out for water except after nightfall and then only if the coast is clear, and as a result may do without water for several days. There was much maneuvering by foot troops in the vicinity of watering places at night for about 1 week preceeding August 16. Considerable evidence of these night maneuvers were plainly visible each morning. Numerous small camping parties or scouting parties or scouting groups were seen in the vicinity of watering places during the day. Several camps over night in the immediate vicinity of dipping vat well. Evidence of these camps will be plainly visible for many weeks. During the last few days of the maneuvers many troops passed through the lane, only approach to water at the dipping vat well, many resting in lane or at well, or had selected such location for meeting places, there waiting for other troops. This Telephone plugs were placed at the big windmill well and on gatepost in lane leading to water at dipping-vat well. Army was requested to remove the latter in order that our cattle could pass through the lane without interference. plug was moved, not out of the lane, but to a point about 35 feet nearer watering trough, and there remained until maneuvers were completed. Two camp sites at tank below house pens, and on or about August 9, one regiment camped at house pens blocking gate entrance to water at pens. Evidence of these camp sites will also be visible for many weeks. On or about August 15, our saddle horses would not drink water at the Bullis fence well, the big windmill well, or the dipping-vat well. We discovered troops had been washing clothes with soap in watering troughs. One man was seen bathing in storage tank at big windmill about noon August 15, one man undressing, probably preparing for bath, one man washing shirt in water running into storage tank and one man standing by looking on. Several bars of soap found at troughs and one bar soap in trough at dipping-vat well. Soap in trough in lane and much evidence of bathing in storage tank at dipping vat. Water from this storage tank has been used for drinking and cooking for many years. It was necessary to flood all troughs and cisterns but the two large storage tanks could not be cleaned due to size, expense, shortage of water, and time necessary to transfer pumps, etc. Cattle did not have water for many hours during the latter part of maneuvers, they having been frightened away from wells; would not return until all evidence of human presence had disappeared. Lack of water during hot weather will cause cattle to lose weight rapidly at that time of year and with short grazing cannot regain strength to carry through a dry winter season. Many of the 221 heifers suffered from lack of water, and 60 days after maneuvers, are still nervous and frightened at sight of footmen. Six head of cattle were found dead between August 17, and September 20, 1938. One cow was found dead on road leading from Bullis fence well to Blanco Road. This cow had small hole behind right shoulder and several bruises on right hip and thigh, having appearance of being run over by truck. Over a period of 90 days preceding maneuvers we sold through J. W. Kothmann & Sons, San Antonio, Tex., 107 cows weighing 84,750 pounds for $3,582.56 or $33.48 each, average 792 pounds. These were not our best cattle. On October 1, we had, with 6 cows dead and 6 missing: 296 cows which we price at $37.50, or.. 221 heifers, Apr. 30, cost--. Value of livestock, Aug. 1... October 5, we sold to John Scott, Beeville, Tex., 140 of Highest price offered for 150 best heifers, $32.50 each or.. Total loss.. The item of $2,325 is arrived at as follows: Average weight of all cows prior to August 800 pounds at 42 cents, or Weight and price after maneuvers 750 pounds at 31⁄2 cents or- 300 head livestock, loss each or 7.75 2, 325.00 August 16, At intervals, during maneuvers, various gates were found open. eight gates were found open; August 17, one; on August 11, Wilderness Trail gate on Blanco Road was found open, and locked by State Game Warden A. E. Hitchfielder. August 15, 2 field gates were left open and August 17 we drove 97 head of cattle out of field. Considerable hay was knocked off stacks and tramped upon. However, we were able to salvage all hay. Cattle strayed from one pasture to another through gates left open and several days were required to get livestock back where they belong. Due to our system of breeding, we were extremely careful that our heifers should be kept separated from our Hereford bulls during that time, which we were not able to do with gates open. In addition to items 1, 2, and 3, Army cut fence on west side between Stowers' pasture and Bacon's pasture, put in wire gap, and opened up an old road that had not been used for many years. Rifle fire was heard in vicinity of big windmill and Bullis' fence well on August 15. Few rifle shells picked up at big windmill. There is no basis upon which damage of this nature can be accurately estimated and the ultimate loss to us, with prospects of a dry winter coming on, and chargeable direct to failure of troops to comply with terms of contract will greatly exceed amount of claim. Further deponent sayeth not. Subscribed and sworn to before me on this the day of J. B. BROWN. 1938. S. Y. KENNEDY, Major, Twenty-third Infantry. (Officer detailed to conduct investigation.) SAN ANTONIO, TEX., March 4, 1939. Supplementing the foregoing affidavit, it will be noted from evidence attached that prices paid for cattle sold over a period of 90 days prior to date of maneuvers ranged from 4 cents to 44 cents per pound. The highest price quoted on all cows remaining on the ranch after August 17, 1938, was 31⁄2 cents per pound which places the cattle in the lower-price grade. These cattle were held for breeding purposes, not for immediate sale, and due to lack of water in the dry hot season, their disturbed condition and poor grazing, could not regain lost weight. J. V. BROWN. COUNTY OF BEXAR, State of Texas, ss: SAN ANTONIO, TEX., October 29, 1938. Personally appeared before me, the undersigned authority, duly authorized by law to administer oaths in cases of this character, one Henry Braun, employee of Mr. John Owen, Stowers Ranch, who first being duly sworn according to law, deposes and says: "On or about August 15, 1938, I made the rounds on the Stowers Ranch going around the entire fence line and found a truck had run over the fence at corner about 1,200 yards southwest of the wilderness trail gate in the southeast corner of the Bullis pasture. I saw troops at the dipping vat well and a number of cattle standing around trying to get to water. I asked some of the boys to move away from the gate so these cattle could get through to water. "I have had many years experience in handling cattle, and many of the Stowers Ranch cattle, as I know them to be, are wild, and were excited and frightened during the maneuvers, and being so excited, did not get to water as they should have. It has also been my experience that cattle will loose as much as 50 pounds and more in weight when without water for a short time during hot weather as did the Stowers Ranch cattle during the maneuvers. I have worked with these cattle a good many times during the past year, and noticed a marked difference in the appearance and condition of a large number of these cows and heifers after the maneuvers. Many of them were drawn and had the appearance of a bunch of cattle that had been worked for several days without sufficient water or grass.' Further deponent sayeth not. HENRY BRAUN, Subscribed and sworn to before me on this the 29th of October 1938. COUNTY OF BEXAR, State of Texas, ss: S. Y. KENNEDY, Major, Twenty-third Infantry, Officer detailed to conduct investigation. SAN ANTONIO, TEX., November 1, 1938. Personally appeared before me, the undersigned authority, duly authorized by law to administer oaths in cases of this character, one Roy M. Kothmann, stockyards, San Antonio, Tex., who first being duly sworn according to law, deposes and says: "Herewith attached are account sales covering the weights and the sale of cattle of Owen & Brown, dating from May 19, 1938, to August 15, 1938. "From May 19, 1938, through August 15, 1938, I have been at the Owen & Brown ranch different times to look over the cattle that they were ready to market and noted very distinctly that on my recent visit out there that the cattle were considerably thinner in flesh than on my previous visits. Mr. J. V. Brown mentioned that the cattle had suffered for water during the time of the maneuvers and this no doubt caused them to lose considerable weight." Further deponent sayeth not. ROY M. Kothmann. Subscribed and sworn to before me on this the 1st day of November 1938. COUNTY OF Bexar, State of Texas, ss: S. Y. KENNEDY, SAN ANTONIO, TEX., November 1, 1938 Personally appeared before me, the undersigned authority, duly authorized by law to administer oaths in cases of this character, one Dr. M. E. Gleeson, veterinarian, 1619 South Laredo Street, San Antonio, Tex., who first being duly sworn according to law, deposes and says: "I hereby certify to the best of my knowledge and of my 35 years of experience that cattle nursing young calves shut off from free range to water is very detri mental to the animal's health and especially in the dry seasons. An animal kept away from water 3 or 4 days will cause a great loss in body weight and lower its resisting power, and also wild animals on sight of human beings will stay hidden in the brush and will not come out to consume the amount of drinking water it should have daily, and this will cause considerable loss in weight. Further deponent sayeth not. DR. M. E. GLEESON, Veterinarian. Subscribed and sworn to before me on this the 1st day of November 1938. S. Y. KENNEDY, SAN ANTONIO, TEX., STATE OF TEXAS, County of Bexar, ss: Personally appeared before me, the undersigned authority duly authorized by law to administer oaths in cases of this character, one Joe Ynostroza, employee of Mr. John Owen, Stowers Ranch, who first being duly sworn according to law, deposes and says: During the time between August 1 and 16, 1938, I made several trips around the Stowers Ranch pasture fences and helped repair corner fence that had been torn down at the Wilderness Trail gate, also at corner about 1,200 yards southwest of the Wilderness Trail gate. I found the Shadoland gate open on August 17; no troops were near. I found two gates open on road through field and helped drive out a large bunch of cattle. I also helped put several bunches of cattle out of the 1,500-acre pasture that came out of the big pasture through open gates. I saw one man climbing out of storage tank at big windmill and three men dressing at cistern and one man climbing out of cistern at dipping vat well, after taking a bath. Water in this cistern is used for drinking and cooking. I found soapy water in troughs. Saw troops washing clothes in troughs at dipping vat well, also one man washing shirt at big windmill. I cleaned soapy water out of troughs at dipping vat well. I found soldiers trying to start engine at dipping-vat well, also found the 3-inch water line had been run over by truck and broken, and shut water off at storage tank to save water for cattle. I saw troops around this well several times during maneuvers. A lot of the cattle on the Stowers Ranch are wild and were kept away from water on account of troops passing watering places, camping, eating, and resting there. Many of the heifers were very much excited and show the effects of being without water. Not many of these cattle will go to water or stay around near if they see men on foot or if cars or trucks are standing by or running around watering places. These cattle all looked drawn after the maneuvers, and show considerable loss in weight. Further deponent sayeth not. JOE YNOSTROZA. Subscribed and sworn to before me on this 29th day of October 1938. STATE OF TEXAS, County of Bexar, ss.: S. Y. KENNEDY, SAN ANTONIO, TEX., October 28, 1938. Personally appeared before me the undersigned authority, duly authorized by law to administer oaths in cases of this character, one Alfonso Cavazos, employee of Mr. John Owen, Stowers Ranch, who first being sworn according to law, de poses and says: I made several trips around the Stowers Ranch fence during the Army maneuvers in August 1938. I helped repair the corner fence at the second corner southwest of the Wilderness Trail gate. I found the middle gate on the Blanco Road open; also all gates open between the ranch house and dipping-vat well. I saw one man climbing out of storage tank at big windmill and one man washing shirt there. I saw soap in water troughs, and saw troops at the dipping-vat well several times, and on August 16 a large body of troops and trucks were at this well, the engine running and pumping water out on the ground; troops were camped around this well and I saw them eating there several times. I started to work on the Stowers Ranch in June 1938, working cattle most of the time since then. Most of these cattle were scared during the maneuvers and would not go to water. Cattle could not get to water from any side of the dippingvat well on the afternoon of August 16, 1938, when I came by this well, as there were many troops and trucks there. A lot of these cattle looked drawn after the maneuvers and show they had lost weight. Further deponent sayeth not. ALFONSO Cavazos. Subscribed and sworn to before me on this the 28th day of October 1938. Major, Twenty-third Infantry, Officer detailed to conduct investigation. SAN ANTONIO, TEX., September 20, 1938. COUNTY OF BEXAR, State of Texas, ss: Personally appeared before me, the undersigned authority, duly authorized by law to administer oaths in cases of this character, one A. C. Harrison, assistant sales manager, San Antonio Machine & Supply Co., San Antonio, Tex., who first being duly sworn, deposes and says: I am assistant sales manager for the San Antonio Machine & Supply Co., San Antonio, Tex. On September 7, 1938, I examined a pump jack at Stowers ranch. Its condition when I examined it was unserviceable due to base being broken. In my opinion the damage to this pump jack occurred between August 6 and 20, 1938. In my opinion the cause of the damage was due to excessive speed at which pump jack was operated when governor was evidently removed from engine. In my opinion the removal of the governor from the engine caused the pump jack to break down. The cost of a new pump jack is $165. I estimate the salvage value of the old pump jack to be approximately $5. My estimate of the cost of repairs for the pump jack is as follows: Not worth repairing. Further deponent sayeth not. A. C. HARRISON. Subscribed and sworn to before me on this the 20th day of September 1938. S. Y. KENNEDY, Major, Twenty-third Infantry, Member of Rents and Claims Board. STATE OF TEXAS, FORT SAM HOUSTON, TEX., September 16, 1938. County of Bexar, ss: Personally appeared before me, the undersigned authority, duly authorized by law to administer oaths in cases of this character, one Leslie T. Cushing, a civilian employee of the Quartermaster, Fort Sam Houston, Tex., who first being sworn, deposes and says: I am a superintendent of mechanical plants for the Quartermaster, Fort Sam Houston, Tex. On September 7, 1938, I examined a pump jack at Stowers ranch. Its condition when I examined it was unserviceable, broken castings. In my opinion the damage to this pump jack occurred between August 6 and 20, 1938. In my opinion the cause of the damage was due to excessive speed, due to attempt to operate driving unit without a governor. In my opinion the removal of the governor from the engine caused the pump jack to break down. The cost of a new pump jack is $165. |