to citizens of that place were driven off by the Indians with the horses and mules taken from the Mexicans. The allegations seem to have been only an excuse to justify robbing the Indians, for word of the capture of the Mexican caballada had already preceded them, and the citizens of Goliad, under Dr. Isaac S. Tower (a member of Congress), "determined to seize upon the property and restore it, as they said, to the original owners"; but, in reality, their intent was to rob the Indians and not the Americans. After the Indians passed through the town, Dr. Tower's "gang" went in pursuit of the Tonkawas, took possession of all of their horses, and returned them to Goliad. "On the following day," according to Morris' report, "they put them up for sale at public auction," where all of the horses were sold, but only "a small portion of the moneys was paid in and although some of the horses were knocked down at fifty, sixty, and even seventy dollars, it was declared that no sale was quoted upon the books at more than thirty or at a much less amount than they really sold for -- in other words . . . fraud had been practiced by the salesmen. They, however," continued Morris, "expressed their intention to pay over the money which was due when the proper authorities shall call for it -- and seemed determined to be the judges as to the proper owners and were resolved as they said to pay it to the Mexicans." Under these circumstances, the grand jury of Victoria County refused to indict the accused. The acting district attorney, upon the grand jury's recommendation, then sought to impound the money derived from the sale of the horses until the legal ownership of the horses could be determined and "those persons who were concerned with the Indians in this disgraceful outrage . . . brought to justice in order that no repetition of such shameful acts may ever occur to cause insult to our character and laws in [the] future." The justice of the peace of Goliad County was requested to retain the money until he should receive orders as to whom it should be paid. The Victoria grand jury declared that it
41. Telegraph and Texas Register, Sept. 29, 1838.
42. John D. Morris to R. A. Irion, Secretary of State, San Antonio de Béxar, Oct. 15, 1838, Domestic Correspondence (Texas), 1836-1846, ms.
43. No mention was made in the grand jury's report of the driving off of four or five horses belonging to the citizens of Goliad.
44. John D. Morris to R. A. Irion, Secretary of State, San Antonio de Béxar, Oct. 15, 1838, Domestic Correspondence (Texas), 1836-1846, ms.
45. John J. Linn, Foreman [of the Grand Jury for the County of Victoria] to [the Secretary of State], Victoria, Sept. 22, 1838, in Domestic Correspondence (Texas), 1836-1846, ms.