year : of 1778 number 39. · baron de ripperda in attendance: fernando de beramendi - in...

53

Year ...........:... ......of...... ............1778

Number 39.

Criminal Lawsuit continued against the

Ree,idor Don Juan Andres Albarez Travieso

and Fran[cisc]o Antonio Flores, citizens

of the Villa of S[a]n Fern[and]o at the

Royal Presidio of San Antonio de Bexar

for having committed perjury. Equally

.included in this are Juan Josef Flores,

Josef Andres Hernandez, and Melchor

Ximenez.

Criminal procedure against the said

Regidor Juan Andres Albarez and others.

542

// 1778

In the Royal Presidio of San Antonio de Bexar and the

Villa of San Fern[and]o, on the nineteenth day of the

month of October of one thousand seven hundred and

seventy-eight years, [I] am acting as receptorla in

the accustomed manner. I, the Baron de Ripperda,

Governor of this Province, command [that], [since]

the judicial proceedings, which have been prosecuted

in general before me, have been discontinued against

various citizens who, since the month of the most

immediate May, have concurred to interfere in gather-

ing unbranded cattle from the Mission of Es;piritu

Santo within its pastures, as is manifested in the

judicial procedure which has been instigated, they

be sent a transcript of the indictment in consequence

of the said crime as well as the writ which preceded

it. [This is to be done] in order to notify the

parties [that] they may respond within the specified.2v

time. // This will be at their own favor. As such,

I provide, order, and sign, certifying it hereby.

55

J[uan] M[aria] El Baron de Ripperda

[Rubric]

In attendance In attendance

Fern[and]o de Beramendi Antonio de las

[Rubric] Barzenas

[Rubric]

[D.S., 2-2v pp., in E. 10/19/1778 -

12/10/1778]

In compliance to the writ which precedes, I therefore

commanded immediately [that] the transcript, which

was requested, be given with the following testi-

mony.

In the said Royal Presidio and Villa, on the nine-

teenth day of the same month and year, I, the Governor

of this Province, have found sufficiently proven the

guilt of those named in these writs and [those] cited

within the same. For the quickest dispatch to the

parties, [I] am omitting the depositions of Juan

Padron, Fran.[cisc]o de Luna, Guerrero, Manuel de Soto,

56

Francisco Travieso, Antonio Chiver, Diego Menchaca,

and Mariano de la. Garza because [they were] absent,

as [were] the Indians Andres Curbelo and Josef M[ari]a3

/j Montes for the last times that they were summoned.

Likewise [omitted are] those [depositions] of Josef

Antonio, El Coyote; Basilio Arredondo; and the Indian

Miguel Carabajal, showing [that] they went to gather

unbranded cattle as servant boys. And their depo-

sitions [are] not necessary. Also [omitted were]

the [deposition] of the son of Juan Josef Flores,

known as El Cano, and those of Josef Manuel Padron,

Manuel Casanoba, and Mariano Gamez because [they

are] less than fourteen years old. I command that in

continuation of this, my writ, the indictment of the

crime be made, receiving the lawsuit as proof and

sending the transcript to the parties. As such, I

approve, order, and affirm, certifying it hereby.

El Baron de Ripperda- In attendance:

Fern[and]o de Beramendi In attendence: Antonio

de la.s Barzenas.

[D.S., 2v-3pp., in E. 10/19/1778-

12/10/1778]

57

In the said Royal Presidio and Villa, [on the same]

day, .month, and year, giving compliance to the pre-

ceding writ, I, the aforementioned Governor, have3v

viewed and closely examined // the depositions,

confessions, and ratifications of this preliminary

hearing. I have._found well proven the guilt from

which it results. [This is] principally against

Juan Josef Flores, Josef Andres Hernandez, Mariano

Guerra, Vicente Flores, Francisco Travieso, the.

Regidor Don Juan Andres Travieso, Francisco Flores

de Abrego, and Josef Padron.. They were the leaders

of the last two instances of the eight cattle run-

nings, which are shown [that] they have made since

the last May. They gathered more [than] four hundred

head of unbranded cattle (according to what their

depositions claim) belonging to the'Tamigu.e and.

Jara.na.me Indians of the Mission of Espiritu. Santo,

the pastures of which are situated mainly in the

direction of the East and the Northeast from the4

Arroyo Zibolo from its border with more // than

seven leagues over the same [border] as fa.r,as the

Pass of La Saja. [These pastures] were purchase-d

58

from Bernabe Carabajal from a half a league to this

part of the [Arroyo] Cleto, which the said Mission

previously owned as is evident in the original con-

tracts. In these [contracts], one area for cattle

grazing for Martin Lorenzo de Armas, Juan Josef

Flores,:and Miguel Guerra is excluded. Notwithstanding

the excessive tolerance with which I have overlooked

the ranchers from the said Arroyo Zibblo so that they

could gather their cattle in the four leagues which

[is] the least distance from one to the other arroYo

even though the land belongs to the said Mission

with the one already cited exception, yet this [toler-

ance] has not been sufficient to reduce the ambition

of the accused [men]. They have penetrated for six,4v

eight, and more leagues on // that side of the cited

Arroyo Cleto, as is seen from the hours in which it

appears that they departed from their ranches. They

arrived at those areas, which they designated several

times, without stopping to gather cattle. [These

areas are] in the directions in which they did exe-

cute [the cattle gathering] on the following days

just as for the time and the hours they have given

in which they returned to their ranches. This excess

59

of various distances from the said [ranchers] is

manifested in this preliminary hearing. And. with

respect to their existence, as such from the above

cited [men] who were the leaders of the eight cattle

runnings, they repeated them in general with the others.

Gathering unbranded cattle in the cited ;pastures of

the cited Mission [were] Vicente Flores, once; the

Regidor pon Juan Andres Travieso, twice; and Josef5

Padron, // once. Showing that in general he [also].

gathered cattle, Juan Padron had taken an equal part

of the unbranded cattle in three cattle runnings.

Josef Manuel Padron [was in] two; Carlos Riojas,

three; Francisco de Luna, two; Santiago Seguin, two;

Francisco Antonio Flores, two; Toribio Duran, three;

the Indian Andret Curbelo, two; the Indian Josef

Maria Montes, two; and Mariano de la Garza, two.

Likewise, Felipe de Lu.na. [was in], two. As such [were],

Francisco Rodriguez, Antonio Chiver, Joachin Flores,

Martin de la Garza, Diego Menchaca, and Manuel Granado,

in one cattle running. Helping as paid servants with

the same unbranded cattle which they gathered [were]

Melchor Ximenez, Diego de Castro, Manuel Flores,

605v

Josef // Gamez, Fran[cisc]o Gomez, Pedro Hernandez,

Guerrero, Manuel Casanova, Manuel de Soto, Josef

Antonio El Coyote, Mariano Gamez, Basilio Arredondo,

and the Indian Miguel, like a son to Juan Josef

Flores, who called him Cano and took [him] as such.

All [are] residents of this Royal Presidio and Villa

except Francisco de Luna who is from ,Rio Grande.

Among themselves, they ran, stole, killed, marked

and bratded more than four hundred head of unbranded

cattle during the said eight cattle gatherings within

the precited pastures as all is evidenced from the

present lawsuit. The cited Mission of Espiritu Santo6

has not been able to perform its branding // in the

proper manner because of the hostilities which were

once found [in] those discovered lands and [because]

of the many years of absence which has been committed

by the majority part of the Jaranames [who] have final-

ly been resettled in their own Mission. In this con-

sideration, I state [that] I am charging all those

respectively included [herein] just as, by this, I

charge them as convicted defendants for the crime of

taking another's property and [for] the falsity with

61

which they maintain the right to-the cattle which

were foundin the pastures of the cited Mission

with their marks and brands. [Since] it is of the

same which they have usurped, they have incu.rred, in

everything as violators of various laws from the6v

// Recopilacion de las Indias, royal cedu.las, and

finally from the superior proclamation from the Lord

Commandant General of these Interior Provinces, the

Caballero De Croix, published in this Royal Presidio

and Villa, on the twelfth of January of the current

year. [The .procla.mation] asks [that], due to the

lack of a promotor fiscal, the penalty for the ex-

pressed crime be imposed on them for what they have

incurred. [This] is certified by the deed of the

offense which resulted in this preliminary hearing.

Having sent a transcript of the present indictment

to the defendants who actually are prisoners, each

one ought to answer that which is to his benefit

and. which benefits his favor within the term of nine

ordinary days that he receives this approved case.7

// The parties have been notified of their

prpper compliance. As such I approve, order,

62

and affirm, certifying it [hereby]. El

Baron de Ripperda In attendance: Fernando

de Beramendi - In attendance: Antonio de las

Barzenas.

3v-7 pp., in E. 10/19/1778-- 12/10/1778]

The writ and the indictment which I ordered taken from

the writs of this case which are in my Court of Justice

co:ncu.r with their originals. This is certain, authen-

tic, and consistent. And to watch it being transcribed

and verified, Manuel Flores y Valdes and Josef Guadalupe

de Agreda were present as instrumental witnesses.-

[They are] citizens of this Royal Pres(idi]o of San

Antonio de Bexar where it was made [on] the mentioned

day, month, and year to which I hereby certify.


[Ru.bric]

In attendance: In attendance:

Fern[and]o de Antonio de las

Beramendi Barzenas

[Rubric] [Rubric]

63

7 p., in E. 10/1g/1778-

12/10/1778 ]

648 1

[Cross]

In the Royal Presidio of San Antonio de Bexar and Villa

of San Fernando, on the twenty-second day of the month

of October of one thousand seven hundred and seventy-

eight, [I], Don Juan Maria de Ripperda, Baron de

Ripperda, Colonel of the Caballeria., Governor of this

Province of Texas, its missions, conquests, and fron-

tiers, Commandant of its Troops, and Captain of this

Royal Presidio, ] acting as receptoria with my

attesting witnesses due to the lack of a notary, either

public or royal, for there is none in this vicinity

as prescribed by law and on this present ordinary

paper because of the lack of stamped [paper]. In

consideration of the proximity of the branding sites

for bovine cattle and so that the many citizens of

this Presidio and Villa, who were found [to be]

included in the writs formed by me, may be able to

agree to them as accomplices in the cattle runnings

which they have made since the month of the previous

May within the summer pa:stures of the Mission of

Espiritu Santo, they gathered, marked, and killed

their cattle. This preliminary hearing begins with

Juan Josef Flores and Josef Andres Hernandez. It

65

is shortened for its conclusion, [since] the parties

alleged that which was done in their behalf. They

are released on bond so that they may attend to their

property without disgrace attending them. I order8v

exempted, as I exempted the ReZidor p o n// Juan

Andres Albarez Travieso, Francisco Antonio Flores,

Josef Andres Hernandez, and Juan Josef Flores, like-

wise also Melchor Ximienez, so that they may not be

permitted to be released on bond. With respect to

the committirig of perjury, the said D on Juan Andres

Travieso denied one cattle running which he-ma.de within

the cited time of four months as is evidenced from

the depositions of Toribio Durari and Josef -Pa.,dron.

And Francisco Antonio Flores [denied] one within the

said time according to the citations of Fran[cisc]o

Rodriguez, Toribio Duran, and Josef Padron. Also,

Josef Andres Hernandez and Juan Josef Flores [com-

mitted perjury] in regard to the number of unbranded

cattle which they gathered and the areas where they

went for the said purpose. Likewise it is perceived

from the implication which is -evi.denced in their own

depositions and confessions the same as that which

Mechor [sic] Ximienez [made] by the same implication

!

66

in the number of cattle. The said [men] will remain

under arrest and in prison. Juan Josef Flores should

be maintained, likewise, in his house with the same

bond which he is using because of the deplorable

state of his health. If it is necessary for a greater

justification of the expressed cattle runnings which

the same D o n Juan Andres Travieso as Francisco

Ant[oni]o Flores denied in the cited lawsuit [and]

if an examination of one or more witnesses were neces-

sary, I should order and do command [that] he be

examined according to [his] convenience. As such I9 2

provide, order, and affirm acting // // in the said

manner to which I attest.

J[uan] M[aria] El Ba.ron de Ripperda

. [Rubric]

In attendance: In. attendance:

Fern:[and]o de Beramendi Antonio de las

[Rubric] Barzenas

[Rubric]

[D.S., 8-9 pp., in E. 10/19/1778-

12/l0/1778]

67

Deposition of In compliance to the edict

Silbestre Manuel which precedes, I ordered

de Soto of the Silbestre Manuel De Soto, whom

age of 20 years. I certify to know, to appear

before me. And [I] received

him [by] the oath of God Our Lord and the sign of the

Cross according to the Law. By this, he promised

to tell the truth in what he was interrogated. And

being so [interrogated, he was asked]: On how many

occasions has he gone to run and to gather unbranded

cattle from the far side of Cleto within four months

in this area. With whom did he go, [and] to which

areas. How many unbranded. head of cattle have they

gathered in them. Where did they take them. How did

they divide them. Which marks or brands did they

put on them. How much of it did they slaughter. What

did they do with them afterwards; and anymore which

he suspected on the matter. He said: That on one

occasion he went to gather unbranded cattle from the

far side of the Arroyo Cleto, departing from Las

Mulas Ranch with his uncle and master, Josef Padron,9v

[and with] Don // Juan Andres Travieso, who was

the leader [and] likewise, owner of the cattle. It

68

appeared that there were one hundred head of cattle.

A son of Josef Padron named Josef Ma.n[ue]l, Juan

Padron, Toribio Duran, the Indian Montes, [and]

Manuel Casanoba formed the squadron in which the wit-

ness concurred. And they departed from the said

ranch united with another [squadron], which was

headed [by] Fran[cisc]o Travieso since he was the son

of the ranchowner, [including] Fran[cisc]o Rodriguez,

Josef Ant[oni]o El Coyote, and Mariano Gamez. They

all [departed] for the hacienda of the same ranchowner,

arriving together with Antonio Chiver, Francisco de

Luna, and Francisco Antonio Flores. And continuing

on the march according to what seemed like about noon,

they pursued it until mid-p rima., more or less, of the

next night. On that afternoon, the sun was on [their]

backs, somewhat inclined off the left shoulder. With-

out stopping more than a while to put a herd of cattle

among the stock and [since] the witness does not

know the areas, he cannot say more except that they

stopped in a field close to an encinar and to an

arroyo of which he does not know its name. That on10 3

the // // following morning, the two said squadrons

were separated as [was] the stock which they took.

69

He does not know where the other [squadron] went.

But the [squadron] of the witness ran and gathered

from one to the other side of an arroyo which he

believes to be that of Carrizo according to [various].

marks. Therefore, near to this and. close by to a

lake, there is a corral where on that day they re-

turned to sleep, arriving about eight o'clock that

night. But [since] the other squadron was already

.inside the said corral with their cattle, the [squad-

ron] of the witness remained outside the [corral]

with their [cattle]. On the following morning they

continued to gather cattle along several arroyos

which he does not know which ones they were. However,

on the following night, they went to sleep in another

corral which they told him was named Del Cuchillo or

Cuchillito. And on the next day, gathering [cattle]

between this a.rro o and that of Carrizo according to

what he was told, they returned to the same corral

on the following night to enclose [the cattle]. That,

on another day, continuing the cattle running, they10v

went to sleep // in the corral which is near the

Arroyo Arenoso, with this name, and [near] this side

of Cleto. The ,[arro o] which they passed on another

70

day in order to return to run [cattle was] towards

the head-waters of the Arroyo Alonso. They took the

stock and gathered several head of cattle, returning

at something like noon in order to join together with

the cattle which they had left in the said corral

guarded by Juan Padron, Josef Manuel Padron, and

Manuel Casanoba. And gathering all [the cattle],

they continued toward the ranch where they arrived

before eight. They enclosed [the cattle] in the cor=

ral of D o n Viz[ent]e Travieso of Las Mulas Ranch.

He does not know exactly how much unbranded [cattle]

they brought. But it seems to him [that].on.the

following morning they divided [the cattle] into five

head for each [man] with the difference that those

which D on Juan Andres Travieso and Josef Padron11 4

took were cows. // // Several small bulls re-

mained which he does not know how many there were

nor to whom they were given. And each [man] branded

that which he took. But of those of D o n Juan

Andres Travieso, he saw branded several [cows] of

those which he took. The other squadron had departed

earlier. And he does not know how much [ cattle].

71

they took. That in the days which they ra:n [cattle],

they slaughtered three ane'as in order to eat and

another one in the corral at the ranch.--

Questioned: If he knows or has more to say on the

subject. If he would certify what he has declared.

What is his age. And would he sign it. He said:

He has nor knows anymore to say in the matter. That

he would ratify in that which he has declared. That

he is twenty years old, according [to how]"he appears.

And he signed this jointly with me, to which I

attest.

J[uan] M[ ar.ia] El Baron de Ripperda

[Rubric]

Silbestre Manuel de Soto

[Rubric]



[Rubric] Barzenas

[ Ru.bric.]

[D.S., 9-11 pp., in E. 1.0/lg/1778-12/10/1778]

.Deposition of

Francisco Ant[oni]ollv.

Flores, // of

the age of 22 years

Also, I commanded Francisco

Antonio Flores to appear be-llv

fore me. He took the oath //

by God Our Lord and the sign

of the Cross according to the

law. By this, he promised to tell the truth in what

he was interrogated. And so doing, [he was asked]

about being cited by Fran[cisc]o Rodriguez, Toribio

Duran, and Josef Padron. He has concurred in another

gathering of unbranded cattle on the far side of the

Arroyo.Cleto, which he has denied in the deposition

and confession which he has made in the said writs,

committing perjury in the oath.. He should tell the

truth concerning when he made the said running; with

whom; from which ranch; the areas from which they

made [the running]; the unbranded cattle which they

took; how it was divided, marked, or branded; if

they slaughtered [any cattle]; what they did with the

said unbranded cattle; and anymore which he suspected

on the subject. He said: That after the [cattle]

running which he has declared, it is true [that] he

went on another from Las Mula:s Ranch where he had

73

gone for a little lard which he had there. Fran[cisc]o

Travieso and Fra.n[cisclo Rodriguez offered him two12 5

fat cows to go on behalf of the hacienda. // // of

the ranch, as the aforementioned [men] and the two

young servants named Josef Ant[oni]o, El Coyote, and

Mariano Gamez were going. However, the witness will

not admit [that] he went on his own behalf with the

expressed [men] and [with] Antonio Chiver [and]

Fran[cisc]o de Luna. Therefore, even though they

departed together with another squadron which was

headed [by] D on] Juan Andres Travieso [and included]

Josef Padron, his son Josef Man[ue]l, Juan Padron,

Manuel Soto, Toribio Duran, the Indian Montes, and

Manuel Casa.noba, they departed from the said ranch

somewhat after breakfast with about one hundred head

of cattle. They came to stop at an encinal near the

Arroyo Los Olmos after sunset. Then they sto;pped for

a while to gather some mestenas and to include a herd

of unbranded [cattle] in the stock. On the following

morning, each squadron departed with half of the

stock. The [squadron] of the witness went to a dis-

tant area along the Arroyo Carrizo, returning to en-

close [the cattle] on the following night in the

74

corral which is near the said arro.Yo and next to a.12v

lake // [at] the evening of the night. However,

the other squadron arrived there the same, near the

said corral, with the cattle which they had gathered

about eight o°clock that night. And on the next day,

they passed the said Arroyo Carrizo. They gathered

[cattle] on both sides of the Arroyo Los Nogales,

according [to what] they told him. They returned to

enclose [the cattle']` in the same corral before sunset.

They continued the [cattle] running on the following

day in the same direction towards the east; but further

on, they turned somewhat to the southeast and returned

to the same corral at dusk. They departed from this

before daybreak of the next day, proceeding to the

same Las Mulas Ranch without stopping to gather cattle.

They arr.ived here about one hour or less before sun-

set since they had moved the cattle swiftly. And

the witness, having a.rrived at the fort at S[an]ta

Cruz to sleep, entrusted Antonio Chiver to place-the

mark of the witness on the [cattle] which he had

obtained. And having corne to the pres[idi]o, he13 6

returned on the second // // day, sleeping at

the Ranch of El Paso de las Mujeres. And on another

75

[day] he arrived at Las Mulas [Ranch]. They had

already marked all of the unbranded cattle, leaving

the witness only four [head]. However, Fra.n[cisc]o.

Travieso gave him another two already marked with the

brand of his father. Ant[oni]o Chiver and Fran[cisc]o

de Luna told him that they had divided ten unbranded

[cows between] each one [and] put their marks on them.

But that Fran[cisc]o Travieso, with his two young

servants, had brought the greatest part. to the

hacienda of the ranch. From this cattle, the witness

brought two head to the Presidio to slaughter.

Fran[cisc]o Rodriguez [brought] one; the Indian

Montes, another; [and] Antonio Chiver,.one. [They did

not bring] two calves which they had slaughtered

[during] the two, days which they gathered. They

noticod [that] they would have to care for the said-

cattle so that [the cattle] would become accustomed

[to this place] after being marked. .

Questioned: If he knows or has.more to say. If he

would ratify what he has dec:lared._ How old he is. And

if he would sign this.. He said: He does not have norl3v

knows anymore to say on the // subject. That he

would ratify what he has declared. That he is twenty-'

76

two years old. And, since he did not know how to write,

he made a sign of.the Cross, to which I attest.


[Rubric]

[Cross]



[Rubric] Barzena.s

[ Ru.bric]

[D.S., 11-13v pP., in E. 10/19/-.

1778-12/10/1778]

Deposition of In the same manner, I ordered

Juan Padron, of before me Juan Padron, whom

the age of 30 I certify to know. And I

years. received him under the oath

of God Our Lord and a sign of.the Cross according to

the law. By it, he promised to tell the truth in

77

what he suspected and [in what] he was questioned.

And so doing, [he was asked] about being named in

the lawsuit, formed by me, against various runners of

unbranded cattle, according to what is expressed in

the writ which heads these particular judicial proceed-

ings as by Silbestre Manuel Soto and Fran[cisc]o

Antonio Flores, witnesses examined in the same.

Having concurred in different cattle runnings on

that side of the Arroyo Cleto, he gathered unbranded

cattle. How many times did he do this in four months14 7

in this vicinity. With whom has he gone,.// //

[and] to which area.s. How many head of unbranded

cattle have they gathered in them. Where did they

take them. How did they divide them. Which marks or

brands did they place on them. How much of this did

they slaughter. What did they do with the said cattle,

and anything else which he suspected on the matter.

He said: That in the said time, he has run [cattle]

on three occasions on the other side of Cleto. The

first [time], he departed from San Bartolo Ranch with

Josef Padron, one son of this [man, who isna.med]

Josef Man[ue]l, Felipe de Luna, Fran[cisc]o_ de Luna,

Carlos Riojas, Fran[cisc]o Gomez, and Guerrero at

breakfast time. And without gathering cattle on that

78

day, they stopped about eight that night at the head-

waters of the Arroyo Alonso on the edge of the plain.

And continuing along the edge of the encinal up to

Las Tetillas, they discovered [some] unbranded cattle

and returned to San Bartolo Ranch at the time of dawn

of the next day. On the same [day], before [the

cattle] were divided, the witness went to Las Cabras

Ranch to look for some horses. For this reason, he

does not know how [the cattle] was obtained; but that

it seems to him [that] they brought more or less about

one hundred head of cattle, between the small and

the large [ones]. That [on] the second running,l4v

// he departed from Las Mulas Ranch with Josef

Pa.dron, Josef Manuel Padron, Manuel de Soto, Don

Juan Andres Travieso, Toribio Duran, the Indian

Montes, and Manuel Casanoba about midday. And without

gathering cattle on that day, they went to sleep in

the Arroyo Los Olmos, arriving at night about mid-

rp ima. They went together this far with another

squadron of [cattle] runners, which was headed by

Fran[cisc]o Travieso, [who was] accompanied-by

Fran[cisc] o Rodriguez, Fran[cisc] o de Lu.na, Mariano

Gamez, Josef Ant[oni]o El Coyote, Fran[cisc]o Antonio

79

Flores and.Antonio Chiver. That during-the morning,-

the [squadrons] divided. The one of the witness

continued with their [cattle] to the corral which is

near that one of Carrizo. Passing this and proceeding

downward, they got lost about noon. They [then]

came to the said corral where they found, already

enclosed, the cattle which the other squadron had

brought. Arriving with theirs which they had gathered

and guarding it close to the same corral, they con-

tinued their [cattle] running on the following day

along the Arroyo Cuchillito, where there is a corral

in which they enclosed their cattle that night. And

on the next day, they proceeded to gather cattle be-15 8

tween this // // arro o and that of Carrizo, re-

turning to sleep at the same corral. On.another day

they went in continuation of their running to sleep

[on] the edge of Las Tetillas. And on the succeeding

[day], they [slept] between this and that of Los

Olmos, arriving about eight that night. And they

enclosed the cattlein the corral which is between

the Arenoso and the Cleto. Onthe next day, they

returned to the same Las Mulas Ranch where they

080

encountered those of the other squadron already there.

That he does not know how much unbranded [cattle]

they brought. But that Fran[cisc]o de Luna told and

showed him ten unbranded head which they had given

him and [which] already had his mark [on them]. He

is not able to say about those [cattle] which his

squadron brought; more than [that since] D on Juan

Andres Travieso was the leader, they all obtained

a share of five head which they marked, each one with

his own brand. And that he did make the third [cat-

tle] running having departed from Las Mulas Ranch with

Vizente Flores and the Indian Montes, who were the

leaders, [and] accompanied by Santiago Zeguin, Mariano

de la Garza, Carlos Riojas, and Fran[cisc]o Antonio

Flores. They departed about ten that day. And with-

out gathering cattle, they went to sleep at the15v

Canada del Cuatralbo near to Los Olmos // arriving

at sunset. And crossing the Arroyo Los Olmos, they

went to the plains of Las Tetillas where they slept.

They returned on the following day to the edge of the

plain, cutting across the Arroyo Alonso and arriving

at the same Las Mulas Ranch. The witness separated

[from the others] at the Arroyo Cleto, going towards

81

San Bartolo because he was somewhat ill. However, it

seems to him [that] from their bulk and [from what]

they told him he believes [that] they were able to

gather about one hundred head of unbranded cattle.

Afterwards he heard said [that] they had divided and

marked that which they were able [to do]. Some [got]

ten [head]; and others, as many as nineteen. However,

since the witness had been ill, he does not know what

he obtained. And he saw only two [head] with his

mark. He is [to be] found with his brother Josef

Padron, with less license than if he were his son

because he is under his domination.

Questioned: If he knows or has more to say on the

subject. If he would ratify what he has declared.16 9

How old is he. And if he // // would sign it. He

said: He does not know nor has anymore to say on the

subject. He would ratify what he has declared. That

in his opinion, he is of the age of thirty years.

And because he did not know how to sign his narl7e, ®he

made a sign of the Cross before me, to which I

attest.

J[u.an] M[aria] El Baron de Ripperda

[Rubric]

82

In attendance:

Fern[and]o de Beramendi

[Rubric]

[Cross]

In attendance:

Antonio de las

Barzenas

[Rubric]

[D.S., 13v-16 pp., in E. 10/l9/1778-

l2/l0/1778]

Deposition of

the Re zidor

D o n Juan

Andres

Travieso, of

the age of

40 years

In consequence of the citations

which appear in the various

depositions which are evidenced

in the writs formed against

various citizens concerning

whether they had gathered un-

branded cattle in the summer

pastures of the Mission of Esp,iritu: S[an]to, they

remain in `prin.ciple -against- Ju.ari Josef Flores and

Josef Andres Hern[ande]z, just as of those, which in

these present proceedings, Silbestre Manuel de Soto,

83

Fran[cisc]o Antonio Flores, and Juan Padron have made.

I ordered the Re dor Don Juan Andres Travieso to

appear before me. [I] received him under the oath of

God our Lord and a sign of the Cross according to the

law. Under this obligation, he offered to tell the

truth in what he was questioned. As it was done

[in] accusation, why has he not declared nor confessedl6v

the other running // of cattle, which in the afore-

mentioned time of the four.months, appears in the

said citations, having been made in the summer pastures

of the Mission of Espiritu Santo on the other side of

the Arroyo Cleto. He must tell the truth in all

[this]. He said: He had not declared the said running

since he was not certain whether it had been included

in the four months of which he had been questioned.

In respect [to this], a short while after having

settled the ranch, they have run [cattle] in those

summer pastures. And that in four or five years in

this territory, they have been compelled to build

corrals in order to gather their cattle in the Arroyos

of Los Olmos, Carrizo, and Cuchillito as well as at

the head-waters of the Arenoso, this last [one being]

8 4

on the side facing the Arroyo Cleto. That he did make

the expressed [cattle] running for which he is accused,

departing from Las Mulas Ranch with Josef Padron, one.

son of this [man], his brother Juan Padron, Manuel

de Soto, Manuel Casanoba, Toribio Duran, and the

Indian Montes. The witness and Josef Padron went as

leaders of this squadron, departing about ten that

day in the company ,of the other squadron composed of

Fran[cisc]o Travieso, whom he believes was the leader,

Fran[cisc]o Rodriguez, Fran[cisc]o Antonio Flores,17 10

Fran[cisc]o // // de Luna, Antonio Chiver, Josef

Ant[oni]o El Coyote, and Mariano Gamez. And they

stopped about four in the afternoon except for those

who went to an event of the Caballada. And they

brought a small herd of cattle at dusk to where some

plains are formed between the Arroyos of Los Olmos and

of Cuchillo. In this area, they separated from the

other squadron on the next morning. The [squadron]

of the witness went along that side of Carrizo,

gathering cattle with which they returned to sleep

near the corral of the said Carrizo where the other

squadron had already enclosed their [cattle] a little

85

after eight. They watched [the cattle] from here.

And reaching the said cattle, they continued their

gathering along the same upper arroyo on the following

day. They returned to sleep at the corral at

Cuchillito. And on the next day, they ran [cattle]

between this [arroro and that of Carrizo returning

to'sleep at the same corral at Cuchillito. On another

day, they continued their gathering to sleep in the

corra:l at Arenoso on this side of the Arroyo Cleto.

They returned to pass this [one] on the following

day, running cattle on this side of the head-waters

of Los Olmos. And returning to the cited corral at

Arenoso in order to gather the wild cattle which.17v

// they had left there, theycontinu.ed on their

march to Las Mulas Ranch, arriving about nine or ten

during the night. Here on. the following day they

divided the unbranded cattle, which they had brought,

into equal parts by the count of five head [of cattle].

It seems to him [that] they lacked two or three head

in order to complete this number. Each one put his

respective mark [on his cattle]. Only the witness

branded. what he obtained. They slaughtered two head

86

of cattle of [about] one year old. [They slaughtered]

one during the days of the running; and the other,

at the ranch. They watched [the cattle]. afterwards

for several days so that it would become accustomed

[to its corral].

Questioned: If he knows or has more to say concerning

this matter. If he would certify what he has declared.

How old is he; and if he would sign this. He said:

He has no more to say on the matter. That he would

ratify what he has expressed. That he is forty years

old. And he signed this with me and my attesting

witnesses, to which I certify.


[Rubric]

Ju[an] Andres Albares Travieso

[Rubric]


Fern[and]o de Beramendi Antonio de las Barzenas

[Rubric] [Rubric]

[D.S., 16-17v pp., in E. 10/19/1778-12/10/1778]

87

Writ In the said royal Pres[idi]o and Villa,

on the thirtieth day of the month of

October of one thousand seven hundred and seventy-

eight, I, the named Governor, [am] acting as is

stated. [I] have seen the state of these proceedings18 11.

and the proofs which resulted from them

in the crime for which the Regidor Don Juan Andres

Travieso, Fran[cisc]o Antonio Flores, Josef Andres

Hernandez, Juan Josef Flores, and Melchor Ximienez

are accused. The first two [are accused] according

to what appears in these expressed proceedings. And

the last three [are accused] by the lawsu.it ma,de . by

various individuals which [is] principally against

Juan Josef Flores and Josef Andres Hernandez [since]

they had committed perjury. I should order and do

order taken the confessions of the witnesses examined

in the present [proceedings]. They are to be charged

and accused in the [manner] most conducive to the

better proof of the expressed crime. And before me,

as such, I approve, order, and affirm, to which I

attest. --

J[uan] M[aria] El Baro.n de Ripperda

[Rubric]

88


Fern[and] o,: de Beramendi Antonio de las Barzeri:as

[Rubric] [Rubric]

[D.S., 17v-18 pp., in E. 10/19/1778-12/10/1778]

Confession of In compliance to the writ which

Fran[cisc]o precedes, I ordered Fran[cisc]o

Antonio Flores, Antonio Flores to appea.r.before

of the age of me in order to obtain his con-

22 years. fession. [I] rec-eived hirn

under the oath of God Our Lord

and a sign of the Cross according to the law. Under

this obligation, he ;prom.ised to tell the truth in

what he was qu.e,stioned. And in so doing, [he was

asked] if he were named Fran[cisc]o Antonio Flores,

if he were a citizen and born in this Pres[idi]o,18v

what occupation does he have, // and if he were

twenty-two years old. He said': It is true jthat]'

he is named Fran[cisc]o Antonio Flores, a citizen

89

and born in this Presidio, employed in the activities

of the field. And that he is certain that he is

twenty-two years old, more or less, according to

what he has stated in his deposition which he has

given in these proceedings and [which] appears from

page four to. the back of. [page] six. And should he ask,

he may see and read [it]. And having seen and read

it, word for word, he said: It is the same [one] which

he has given and that what is written in it is the

same which the witness had declared, ratifying its

contents. He declares it now again and will declare

it in the future about those whom he has cited when-

ever he is questioned about them.

Questioned: During which time did they make the

[cattle] running which he had previously denied and

which he has declared in these proceedings. He said:

He does not remember when it occurred, but that he

is certain [that] it happened after the citizen

Miguel Leal was killed. And having appeared. in these

proceedings, the said death occurred at the beginning

of the-la.st August.. It is proven [that] the said

running occurred within the term of fou.r months [in]

which the gatherings of unbranded cattle, which were

made during that [time], were being examined.

9o19 12

Questioned: If he would ratify what he has // //

expressed in the confession. He said: He would

ratify it because it is the truth. [Since] he had no

more to say on the matter, for this reason, I ordered.

the present confession suspended in this state in

order to prosecute it when it is litigated. And the

witness said: That everything that he has said is

the truth. And since he did not know how to write,

he made a sign of the Cross before me, to which I

attest.

J[uan] M[aria].El Baron de Ripperda

jRubric].

[Cross]

attendance: In.,-attendance:


[Rubric] [Rubric]

[D.S.., 18-19 pp., in E. 10./19/1778_

12/10/1778]

91

Confession of In the same manner, I ordered

Juan Padron, of Juan Padron to appear before

the age of 40 me in order to obtain his

years. confession. I received him

under the oath of God Our Lord and a sign of the Cross

according to the law. Under this obligation, he

promised to tell the truth in what he was questioned.

And in so doing, [he was asked] if he were named Juan

Padron, if he were a citizen and born in this Presidio,

in what is he employed, and if he were more or less

thirty years old. He said: It is true that he is

named Juan Padron, is a citizen and born in this

Presidio, that he is employed in the activities of the

field, and that he is thirty years old, more or less.19v

Accordingly, he has expressed it in his // deposi-

tion which appears in these proceedings from the back

of page six up to [page] nine. That should he ask,

he.may see and read it. And having seen and read it,

he said: It is the same which he has given; and what

is written in it is the same which the witness had

declared at that time. Having ratified its contents,

he states it now again and shall state it whenever

92

he is interrogated and before those whom he has cited

in his deposition because it is the truth.

Questioned: If he would ratify what he has said in

this confession. He said: That he would ratify what

he has expressed in this confession because it is the

truth. And in this state, I ordered this confession

suspended in order to prosecute it whenever it may be

necessary. And the witness said that what he has

stated is the truth. And since he did not know how

to sign his name, he made a sign of the Cross before

me, to which I attest.

J[uan] M[aria.] El Baron de Ripperda

[Rubric]

[Cross]


Fern[a.nd]o de Beramendi Antonio de las Barzenas

[Rubric] [Rubric]

[D. S. , 19-19v :pp. , in E. l0/19/1778-12/10/1778]

93

Confession of20 13

the

Regidor p on

Juan And [ re] s

Travieso, of the

In the same manner, I ordered20 13

// // the ReFidor p o n

Juan Andres Travieso to appear

before me in order to obtain

his confession. I received him

age of 40 years. under the oath of God Our Lord

and a sign of the Cross. Under this charge, he offered

to tell the truth in what he was a.sked.. And in so

doing, [he was asked] if he were named D on Juan

Andres Travieso, if he were a citizen and born in

this Pres idi]o, in what is he employed, and if he is

forty years old.- He said: It is true [that] he is

named D o In Juan Andres Travieso, a citizen and born

in this Presridi]o, employed in cultivation and in

caring for his property, and that he is forty years

old. Accordingly, he has stated it in his deposition

which he has given and [which] appears in these pro-

ceedings from pages nine to the back of [page] ten.

That should he ask, he may see and read it. And having

seen and read it, word for word, he said: It is the

same which he has given; and what is written in it

is the same which the witness had declared. Having

ratified its contents, he states it now again and

94

will state whenever.he is questioned about it and

before those individuals who are cited in his deposi-

tion because it is the truth. ,- - - -20v

// Questioned: If he would ratify wha.t he has

said in this confession. He said: He would ratify

it because it is the truth. And in this state, I

ordered the present confession suspended in order to

prosecute it whenever it may be necessary. And the

witness said that what he has said is the truth. And

he signed it jointly with me and my attesting wit-

nesses, to which I attest. - We are certai

It is valid


[Rubric]

n -----

Ju.[an] Andres Albares Trabieso [sic]

[Rubric]



[Rubric] [Rubric]

[D.S., l9v-20v pp., in E. 10/19/1778-12/10/1778]

95

Writ of In the royal Presidio of San

Transmission Antonio de Bexar and Villa of

to the new S[a]n Fernando, on the thirty-

governor first day of the month of

October of one thousand seven

hundred and seventy-eight, I, the Governor of this

Province, Don Juan M[ari]a de Ripperda, [the] Baron

de Ripperda, [am] acting as was stated. [Since] His

Majesty, may God protect him9 has conferred the

governorship of this Province tin.der my charge to

the Colonel of his armies Don Domingo Cavello,

he must take possession of it on the day of tomorrow,

the first of November, in his said position. I

should command by the present order that the Regidor

DLo n Juan Andres Travieso be maintained under arrest

[and that] Juan Josef Flores [be maintained] in his

house under bond. And [being maintained] at the

guard-house in chains [are] Josef Andres Hernandez,21 14

Francisco Antonio Flores, and // // Melchor

Xi.mienez. Transfer these writs, in the state in which

they are found, to the court of justice of the said

Lord Governor. As such, I approve, order, and affirm,

96

to which I attest. ------------------------------------


[Rubric]



[Rubric] [Rubric]

[D.S., 20v-21 pp., in E. 10/19/1778-12/10/1778]

[c. in h.]

Writ. In the royal Presidio of S[a]n

Antonio de Bexa:r and Villa

of S[a]n Fernando, on the seventh day of the month

of November of one thousand seven hundred and seventy-

eight years, I, D o n Domingo Cabello, Colonel of the

Royal Armies, Commandant General of the Troops of

the Province of Texas, its Missions, Conquests, and

Frontiers, and Captain of the Cavalry Company of

this Royal Presidio' of S[a]n Ant[oni]o de Boxar,

97

declare that, having seen this case and [since] its

principal source originated in the writs which the

Lord Colonel Baron de Ripperda, my predecessor,

instituted against various individual citizens of

this V ill a for having proceeded without any authority

to run and to gather a portion of the bovine cattle

belonging to the Mission of La Bahia del Espiritu

Santo, they have contradicted a provision of the

First Article of the Proclamation issued by the Lord2lv

Commandant General // of these Interior Provinces

of the Kingdom of New Spain. And it has been obeyed

in this territory [since] it was published in this said

V i.ll a on the twelfth day of the month of January

of this current year. And [since], in this said case,

the crime of perjury, for which Fran[cis]co Antonio

Flores, J[ose]ph [sic] Andres Hernandez, Melchor

Jimenes, and the R2Zidor p o n Juan Andres Albares

Travieso are a.ccused, has not been sufficiently proven,

this makes it necessary, for it, [that] the cited

writs formed by the aforementioned Lord Baron de

Ripperda, my predecessor, be brought to view. In

concern [that] this case is brief due to the lack of

98

documents, [these documents] are found in that [writ]

to which the writ refers since it heads this lawsuit.

And having realized in this territory that the referred

writs have been transferred to the Commandant General

because they are in order for the sentence, for this

reason, it is not possible to deduce from them that

which is most convenient for the prosecution and deter-

mination of these [writs]. I should order and do com-

mand that in the meantime since the expressed Commandant22 15

General has not determined // // what he must do

with those individualsincluded in it, those [.men]

contained in this be maintained in the prison in which

they are now until the complete resolution of this

Article. Accordingly, by these results, I may proceed

to this other [decision] in the manner best prescribed

by the law without prejudice to whatever,results.

And let them be.so informed. As such I approve, order,

and affirm before the attesting witnesses with whom

I act due to the lack of a notary. [I am] doing it

on this ordinary paper since we do not have any

stamped [paper], to which I certify: Transmitted

case [:is] not valid. -

99

Dom[ing] o Cabello

[Rubric]

Fern[andjo de Beramendi Man;[ue]l Flores y Valdes

[Rubric] [Rubric]

Attesting witness Attesting witness

[A.D.S., 21-22 pp., in E. 10/19/1778-12/10/1778]

Royal Pres f idi] o of S[a]n Ant[oni]o de Bex[a]r,

November 9[th] of 1778: Account: On this da.y, I,22v

the aforementioned Governor, // notified in person

Fran[cis]co Ant[oni]o Flores, J.[ose]ph [sic] Andres

Hernandez, Melchor Ximenes, and D o n Juan Andres

Albares Travieso [of] what was provided in the pre-

ceding writ. To this, they said [that] they heard

and would obey it. And each citizen would answer

individually in writing. Since [this] is evidenced,

I submit it posthaste.

Cabello

[Rubric]

[A.D.S., 22-22v pp., in E. 10/19/1778-12/10/1778]

23 16[Cross]

Lord Governor

100.

[I], Francisco Antonio Flores, a citizen of

this Villa of San Fernando, am appearing before

Your Lordship in the manner best prescribed by

law and to my benefit. And I state that, in

consideration of the many debts which follow me

in the imprisonment which [was] by order of

Lord Don Juan Maria de Ripperda, [the] Baron

de Ripperda, predecessor of Your Lordship, I

am suffering in this guard-house because the time

for branding cattle is already at hand. And. I

have not as yet fixed my corrals, nor have I

done other preparations for this goal. And

moreover, I still have my corn in cultivation.

This is ready to be harvested. And I may lose

this irremediably unless I attend to it in time.

For this reason, I humbly beg Your Lordship to

deign to give me [my] freedom from this prison.

I am presenting as my bondsman and [for] all which

resulted against me in the lawsuit which has

23vbeen // formed against me for having gone

101

to gather unbranded cattle, according to what

they said, from the Mission of Espiritu Santo,

Don Joachin Menchaca, present Reaidor of this

Villa, for all of this.

To Your Lordship: I again do beg [You] to do

and to provide as I ask so that from it every-

thing may turn out well for me. And justice is

what I ask as I submit this, my petition, in

the 'present general paper since I did not execute

this competently in legal terms. I do swear

[that] it is not malicious. And in the necessity

of '.lbeing] for Your Lordship, it does excel.

On behalf of the petitioner

Pedro J[ose]ph [sic] Texada

[Rubric]

[D.S., 23-23v pp., in E. 10/lg/1778-12/10/1778]

[c. in h.]

Decree. I have seen that which this party has publi-

102

cized to grant the relief of his imprisonment

under a bail bond, secured [by] consent in the

correct manner, with the precise and indispensable

obligation by the law to be at this court of

justice. And in order to formalize this said

document, I am transferring it to the alc (a.ldle

de rimer voto of this Villa in order to form the

contract of the security bond according to the

law. And this said [alcalde] should bring it

to this court of justice so that it can be24 17

added to the writs on // // the matter. As

such do I, Don Domingo Cabello, Colonel of the

Royal Armies, Governor and Commandant General

of the Troops of the Province of Texas, its

Missions, Conquests, and Frontiers, and Captain

of the Company of this Royal Pres[idi]o of San

Antonio de Bexar, approve, command, and affirm

on the twenty-fifth day of the month of November

of the year one thousand seven hundred and

seventy-eight before the attesting witnesses

with whom I am acting due to the lack of a

notary. I am doing it on this ordinary paper

103

since we do not have any stamped [paper],

which I certify.

Dom[ing]o Cabello

[Rubric]

Fern[and]o de Beramendi Man[ue]1 Flores y Valdes

[Rubric] [Rubric]


[D.S., 23v-24 pp., in E. l0/19/1778-12/l0/1778]

2 4vf^ [Blank page]

25 18// // [Cross]

104

In the Villa of San Fernando and Royal Presidio of

San Antonio de Be'xar, on the twenty-seventh day of

the month of November of the year one thousand seven.

hundred and seventy-eight, [I], Don J[ose]ph [sic]

Phelix [sic] Menchaca, Alcalde Ordinario de la Primera

[Instancia] of this Villa, ordered Don Joachin

Menchaca, present Regidor of this said Villa, whom I

certify to know, to appear before me and my attesting

witnesses with whom I am acting as a receptoria due

to the lack of a notary, [either] public or royal,

since there is none and on this present ordinary

paper because there is no stamped [paper]. And be

said that, since Fran[cis]co Antonio Flores, citizen

of this enunciated Villa and Presidio, is a prisoner

in the guard-house and he [Joachin Menchaca] is an

otorgante, he would like to make bail bond. And

putting this into effect as is best prescribed by law,

he is sure and knowledgeable of what, in this case,

it pertains, commands, and acknowledges for the pre-

sent. And he constitutes himself, as a bondsman,

lay, sincere, true, and creditable, for the said

105

Francisco Flores so that he may be set free from the

prison where he finds himself, becoming entirely

free of it. And if, for this reason, he leaves this

Villa and takes flight so that his person cannot be

had, the said otorgante is obliged to give another

of his proper motives, because [neither] excursion,

other judicial proceedings from outside, nor the law

whose benefits he renounces and [those benefits]

from the Leyes Sansimus de la Entrega e Pru.eba will

precede. And he is obligated, in case he is missing

when he is summoned, to suffer the penalty and to

submit to it according to the sentence which was given

against the said Fran[cis]co Antonio Flores [and]

against his property. And not having completed the

amount which he was fined, the said otorgante is25v

obligated to make it up in person // [with] his

landed property, owned and to be owned. And he grants

the power and authority to all of the justices

and magistrates of His Majesty of whichever territory

they may be and especially those of this Villa so

that, as such, he would be made to comply, to keep,

and to renounce all the laws which are in his favor

and [his] right. As such, he consents and affirms

106

[remainder of line illegible] with me and rny attesting

[witnesses] with whom I am acting as is stated. I

certify it.all. This transmitted line Is not

valid - between the lines.

J[ose]ph [sic] Phelix [sic] Menchaca

[Rubric]

Juachin Menchaca

[Rubric]

Pedro J[ose]ph [sic] Texada Luis Mariano Menchaca

[Rubric] [Rubric]


[D.S., 25-25v pp., in E . 10/19/1778 -12/10/1778]

[c. in h.]

Decree: In consequence, [since] Fran[cis]co Ant[oni]o

Flores has executed, in a competent manner,

the corresponding bail according'to the law,

let him be released. As by this [decree],

1

107

he is to be released from his imprisonment

and given his liberty until his [appointed]

time and date. Collect the writs on the

subject. As such, do I, D o n Domingo

Cabello, Colonel of the Royal Armies,

Governor and Commandant General of the

Troops of the Province of Texas, the Missions,

Conquests, and Frontiers, and Captain of

the Company of this Royal Pres[idi]o of

S[a]n Antonio de Bexa-r, approve, command,

and affirm on the twenty-eighth day of

the month of November of the year one

thousand seven hundred and seventy=eight

before the attesting witnesses with whom26 19

I am acting due to the lack of // //

a notary, making it on this ordinary paper

because there is no stamped [paper], to

which I certify.

Cabello

[Rubric]

108


[Ru.bric]

Attesting witness

1`2an[u.e] 1 Flores y Valdes

[Ru.bric]

Attesting witness

[ D. S., 25 v-26pp ., in E. 10/19/1778-

26v// [ Bla.nk page]

12/10/17781

27 20// // [Cross]

Lord Governor

log

Sir:

[I], Josef Andres Hernandez, citizen of this Villa

of San Fernando and Royal Presidio of San Antonio

de Bexa.r, a prisoner in this 'public jail, am appearing

before Your Lordship with the greatest humiliation.

And I state [that] since the reason for my imprison-

ment is the writs 'Which have been prosecuted in this

court of justice concerning the unbranded stock be-

fore the Lord Governor p o Jn Juan Maria, Ba.ron de

Ripperda, predecessor of Your Lordship, with your

great mercy, you have condescended to receive the

bond from the other parties who are found to be

prisoners in this same matter. They offer this sure

[bond] from jail until the conclusion of the said

writs. For this, I beg Your Lordship to condescend

to give me my freedon presenting a sure jail bonds-

man until the conclusion. For this purpose, I offer

as my bondsma.n, Josef Plasido Hernandes, my brother,

110

who will be [bondsman] in every manner before the

royal judge. This is my petition by which I implore

the charity of Your Lordship. However, [by] remain-

ing in prison, my poor corn-field will be lost as

well as the time for branding [which] is passing.

My grain is in much danger because I have nothing

in which to enclose it nor have anyone who is able to

do it for me. I hope that the paternal love of

Your Lordship will see me with charity so that from27v

this event I will not lose what I have // and am

risking in these fields. And for all this:

I beg and plead of You.r Lordship [that] you condescend.

to accept this, my writing, on ordinary paper since

there is none stamped. And I swear, in the proper

manner, that my petition is true and [that] none

[is] malicious. I do not sign since I do not know

[how].. And by necessity, the above is true [testi-

mony].

On behalf of the party

Josef Manu[e]1 Contreras

[Rubric]

[D.S., 27-27v pp., in E. 10/19/1778-12/10/1778]

ill

[c. in h.]

Decree. [I] have seen that which is publicized

by this party. Let him be granted the

release from his imprisonment under a bail

bond secured [by] consent, in the correct

manner, with the precise and indispensable

obligation to be at this court of justice

by law. And in order to formalize the said

document, I am transferring [it] to the

Alc ald]e de rimer voto of this Villa

for the purpose of forming the writing of

the contract with bondsmen according t

the law.. And [on the] appointed date,

bring [this] to this court of justice so

that it can be joined. with the.vrrits on

the subject. As such, do I, Don Domingo28 21

Cabello, // Colonel of the Royal

Armies, Governor [and] Commandant General

of the Troops of the Province of Texas,

its Missions, Conqu.ests, and Frontiers,

and Captain of the Company of this Royal

PresLidi]o of San Antonio de Bexar, approve,

112

order, and affirm on the twenty-fifth

day of the month of November of the year

one thousand seven hundred and seventy-

eight before the attesting witnesses with

whom I am acting due to the lack of a notary,

making it on this ordinary paper.since there

is none stamped, to which I'certify.

Dom[ing]o Cabello

[Rubric]


[Rubric]

Attesting witness

Man[ue]l Flores y Va.ldes

[Rubric]

Attesting witness

[D.S., 27v-28 pp., in E. 10/lg/1778-

12/10/1778]

28v// [Blank Page]

29 22[Cross]

113

In the Villa of San Fernando and Royal.Presidio of

San Ant[oni] o de Bexar, on the tv:-enty-seven.th.day of

the month of November of the year one thousand seven



[Instancia.] of of [sic] this Villa, ordered the citizen

Juan Peres, whom I swear to know, to appear before me

and my attesting witnesses with whom I am acting as

receptoria due to'the lack of a notary, [either]

public or royal, since there is none and on this

present ordinary paper since there is none stamped.

And he said that since Melchor Ximenes of this

vicinity is a prisoner in the guard-house and this one

[Peres] is an otorgante, he would like to make jail

bond. And putting this into effect as is best pre-

scribed by law, he is sure and knowledgeable of what

pertains in this case. He consents and realizes by

the present [document]. And he constitutes himself

as a lay, sincere, true, and creditable bondsman

for the said Melchor Ximenes so that he may be given

his freedom from the prison in which he finds himself.

114

And if, for this reason, he departs from this Villa

and takes flight so that his person cannot be had,

the said. otorgante is obligated to make the cause of

another his very own since [neither] excu.rsion, other

judicial or legal proceedings from outside, whose

benefits he renounces, nor the Le.yes Sansimus de la

Entrega e Pru.eba shall precede. And in case he fails

[to appear] when he is summoned, he is obligated to

pay or to suffer the penalty according to the sentence

which was declared against the said Melchor Ximenes

[and against] the property of this [man]. And if

the amount which he was fined has not been.completed,

the said otorgante is obligated.to make it up in

person [and by] his landed property; owned and yet

to be owned. And he grants power and authority to.

all of the magistrates.and justices of His Majesty

of whichever territory they may be and especially

to those of this said Villa so that as such he will

be made to comply, to keep, and to renounce all of

the laws in his favor and [in his] right. As such he

authorized it. Since he did not know how to do this,

he asked D o n Miguel Jorge Menchaca of this vicinity

115

to sign it for him. He [Menchaca] signed it with me

and those in my attendance with whom I am acting

as is stated. I certify all of the above.

J[ose]ph [sic] Phelix [sic] Menchaca

[Rubric]

On behalf of:

Mig[ue]1 Menchaca.

[Rubric]

Pedro J[ ose] ph [sic] Texada

[Rubric]

Attesting witness

Luis Mariano Menchaca

[Rubric]

Attesting witness

[D.S., 29 p.; in E . 1o/1g/1778-12/10/1778]

29v// [c. in h.]

Decree: Consequently, [since] Jose Andres Hernan[de]z

116

has authorized. his corresponding bond in a

competent manner according to the law, let

him be released. He is to be released

from his prison through this [decree] and

given his freedom until his time and date.

Gather the writs on the subject. As such

do I, Don Domingo Cabello, Colonel of the

Royal Armies, Governor and Commandant

General of the Troops of the Province of

Texas, its Missions, Conquests, and Frontiers,

and Captain of the Company of this Royal

Pres(idi]o of San Antonio de Bex,ar, approve,

order, and affirm on the twenty-eighth day

of the month of November of the year one

thousand seven hundred and seventy-eight

before the attesting witnesses with whom

I am acting due to the lack of a notary,

making it on this ordinary paper since

.there is none stamped, whi.ch.I certify.

Cabello

[Rubric]

117

Fern[a.nd] o de Beramendi

[Rubric]

Attesting witness

Man[ue]1 Flores y Valdes

[Rubric]

Attesting witness

[D.S., 29v p., in E. 10/19/1778-12/10/1778]

30// [Written in large letters and centered on the

page] Blank

3oV// [Blank Page]

31 23[Cross]

Lord Governor

Sir:

118

[ I] , Melchor Ximenes, citizen of this Villa of San

Fernando and Royal Presidio of San Antonio de Boxar,

am appearing before Your Lordship with the greatest

humility. And I declare that, in view of the writs

which have been prosecuted in this court of justice

before the Lord Governor p o Jn Juan Maria., the Ba.ron

de Ri.pperda, concerning the unbranded [cattle], I

have been made a prisoner in the guard-[house] for

this reason. And at the present [time], I am using

my house as a jail. For this, [I have] as bondsman

the person of Josef Antonio Gutier[r]es, also a citizen

of this a..lready mentioned [Villa and Presidio]. All

this restored my health which I had lost. And at

the present [time], I find myself unable to be able

to maintain my poor family since I am not able to

leave to work. [For] this reason, they are going

through what [only] God knows. As such, I had no

119

other means than my wages for each day in order to

feed them. [For] this reason, I find myself in the

manner in which I am, because when the comprehended

[men] went on the [cattle] running, I had much earlier

complied with Josef Andres Hernandez who, as my

master, took me as he was usually accustomed [to

doing] in everything which was in his service. And

I made this same [fact] clear to the Lord Governor,

the predecessor to Your Lordship, as is evidenced

by the said writs. Therefore, for this, it is neces-

sary for me to implore the charity and paternal love

of Your Lordship so that you may set me at liberty.

I have given [as] a sure bondsman Juan Perez, citizen

of the already mentioned [Villa and Presidio], until

the conclusion. He is obligated in every manner

before the royal judge by his person and [his] property,31v

owned and to be owned, to the // security of the

said bond. For this reason, I hope [that] Your

Lordship will view me with eyes of mercy for this

unfortunate family and for all this [here] bequeathed.

----Revoked Transmitted, not valid

between the lines [for] me ---- It is valid

120

To Your Lordship. I ask and do plead to condescend

to accept this, my writing, on common paper since

there is none stamped. And I swear, in the proper

manner, [that] my petition is true and [is] not in

the least malicious. I do not sign [this] since I

do not know how. It is evidenced, and by necessity,

the above is true testimony.

On behalf of the party

Josef Manu[e]1 Contreras

[Rubric]

[D.S., 31-31v pp., in E. 10/l9/1778-12/10/1778]

[c. in h.]

Decree: I have seen what has been publicized by

this party. Let him be granted the remis-

sion of his imprisonment under the assured.

jail bond authorized in the proper manner

with the precise and indispensable obligation

to be at this court of justice according

to the law. And in order to formalize the

said document, let it be transferred to

the Alc ald] e de Primer Voto of this Villa

121

in order to form the petition for bond with

the bondssnen according to the law. And on

the [appointed] date, bring this to this

court of justice so that it can be joined

to the writs on the matter. As such, do32 24

Don Domingo Cabello, Colonel

of the Royal Armies, Governor and Commandant



and Capta.in of the Company of this Royal

Presfidilo of San Antonio de Bexar, approve,

order, and affirm, on the twenty-fifth day

of the month of November of the year one

thousand seven hundred and seventy-eight

before my attesting witnesses with whom

I am acting due to the lack of a notary,

making it on this common paper since there

is none stamped, to which I certify.

Dom[ing]o Cabello

[Rubric]

122

Fern[and]o de. Beramendi

[Rubric]

Attesting witness

Man[ue]l Flores y Valdes

[Rubric]

Attesting witness

[D.S., 31v-32 pp., in E. 10/19/1778-12/10/

1778]

32v// [Blank Page]

0

33 25// // [Cross]

123


San Antonio de Bexar, on the twenty-seventh day of

the month of November of the year one thousand seven



[Instancia] of this said Villa, commanded before me

and the attesting witnesses with whom I am acting as

receptoria due to the lack of a notary, [either]

:public or royal, since there is none, and on the

present, ordinary pa.per since there is none stamped,

Don J[ose]ph [sic] Antonio Curbe.lo, citizen of this

aforementioned Villa, vjhom I attest to know. And he

said that inasmuch as J[ose]ph [sic] Andres Hernandez,

also a citizen of this aforementioned Villa, is a

prisoner in the guard-house, this otorgante wants

to [be] made bondsman and to put it into effect as

is best prescribed by law. And he is sure and know-

ledgeable of what pertains in this case, [what] is

stipulated, and [what] is realized for the present.

And he constitutes himself as a lay, sincere, true,

and honorable bondsman.for the said J[ose]ph [sic]

7.24

Andres Her[nande]z so that he may be set at liberty

from the prison in which he finds himself. He will

remain entirely free of it. And if, for this reason,

he departs from this Villa and becomes a fugitive so

that his person cannot be had, the said otorgante is

obligated to make the cause of another his very own

since [neither] excur•sion, other judicial proceedings

from outside, the law whose benefits he renou.n.ces,

[nor] the Leyes Sansimus de la, EntreCa e Prueba

will prevail. And he is obli:gated., in case he is

missing when he is summoned, to pay or suffer the

penalty according to the sentence which was declared

against the said J[ose]ph [sic] Andres Hernandes

[and against] his property. And [if] the amount which

he is fined is not complete, the said otorgante is

obligated to make it.up in person and [with] his33v

property, owned and to be owned.. And he grants //

power and authority to all of the justices and magis-

trates of Your Majesty in whichever territory they

are in, especially to those of this aforementioned

Villa so that as such they will make him comply,

keep, and renounce all the laws which are in his favor

125

and right. As such he authorized and signed with me

and my attesting witnesses with whom I am acting

is stated. I certify it all.

J[ose]ph [sic] Phelix. [sic] Menchaca

[Rubric]

J[ose]ph Ant[oni]o Curbelo

[Rubric]

Pedro J[ose]ph Texada

[Rubric]

Attesting witness

Luis Mariano Menchaca

[Rubric]

Attesting witness

[D.S., 33-33V pp., in E. 10/19/1778-12/10/1778]

[c. in h.]

Decree: Consequently, [since] Melchor Ximenes has

authorized his corresponding bail bond in

126

_a competent manner according to the law, let

him be released. He is. to be released from

his prison by this [decree] and be placed

at liberty until his time and date. Gather

the writs on the matter. As such do I,

D o n.Domingo Cabello, Colonel of the Royal

Armies, Governor and Commandant General of

the Troops of the Province of Texas, its

Missions, Conquests, and Frontiers, and

Captain of the Company of this Royal

Pres(idilo of S[a]n Antonio de Be"xar,

a,pprove, order, and affirm on the twenty-

eighth day of the month of November of the

year one thou.sand.seven hundred and seventy-

eight before my attesting witnesses with

whom I am acting du.e. to the lack of a

notary, making it on this common paper34 26

since there is none stamped, to

which I certify.

Ca.bello.

[Rubric]

127

Fern [ and] o de Beramendi

[Rubric]

Attesting witness

Man[u.e]1 Flores y Valdes

[Rubric]

Attesting witness

[D.S., 33v-34 pp., in E. 10/19/1778-12/10/

1778]

34v// [Blank Page]

35 27[Cross

Lord Governor

128

[I], D o n Juan Andres Alvares Travieso, ReEidor

of this Villa of San Fernando, do appear before

Your Lordship in the manner best prescribed. by

la,^,Vr and. to my convenience. And I state t:hat,

through the original contracts of obligation

which Our Sovereign, the King, Our Lord (May

God keep him) grants to us, the sons of the

founding fathers, as I am,,so that we may be

attended to, we are to be given the best treat-

ment which is required according to [that] pro-

vided in his royal decree, which is for the

archives of this said Villa. And I have found

myself arrested since the thirteenth day of the

past month of October by the order of the Lord

Baron de Ripperda, predecessor to Your Lordship,

withou.t having the reason for such a long impri-

sonment. Therefore, even though, a testimony

has been transferred to me and the other citizens,

129

it is not even as exact as it should be in that

it charges us with having taken the property

of another, which was properly ours since it

was produced by our own cattle. We have re-

sponded the same to.the said charge. And the

offense has been only that of having defied the

order from the Lord General in having branded

and marked [the cattle]. We have done this,

understanding that since this was permitted by

the Missions, the additional [cattle] was to be35v

sold publicly // in the Plaza de Armas. The

unbranded cattle had not been branded or marked

recently. Therefore, we judged that it had

already been permitted. Moreover, the writ

from the said Lord does not permit that one

exceed the term of eight days in prison for the

first time. And my [term] has exceeded [this]

very much, without any other reason than what

has been expressed. Therefore, I beg of Your

Lordship to con.descend to place me at liberty

if, in some manner, the services which we have

made for Your Majesty and everything else would

130

be able to favor us.

To Your Lordship: I beg and plead to condescend

to order done that which he finds to be just

and to accept this, my petition, on common paper

s{lnce there is none stamped in this province,

without 'prejudice to the royal property. I

swear in the correct rnanner that this, rny petition,

is not malicious. And by necessity, the above

is true testimony.° Between the lines

the prison - It is valid ^

Ju.[an] Andres Albares Trabieso [sic]

[Rubric]

[D.s., 35-35v pp., in E. l0/19/1778-12/l0/1778]

[c. in h.]

Decree: There is no reason for what this party asks

since he does not have the necessary condi-

tion of presenting competent bail bondsmen

131

secured with the idea of being at this

court of justice, according to the law.

Therefore, in order to finally determine

the case which he cites, these results are

[to be] overlooked. As such, do I, Don

Domingo Cabello, Colonel of the Royal

Armies, Governor and Commandant General of

the Troops of the Province of Texas, its

Missions, Conquests, and Frontiers, and36 28

// // Captain of the Company of this

Royal Presfidi]o of S[a]n Ant[oni]o de

Bexar, approve, order, and affirm on the

first of December of the year one thousand

seven hundred and seventy-eight before the

attesting witnesses with whom I am acting

due to the lack of a notary, making it on

this common paper since there is none stamped,

to which I certify.

Cabello

[Rubric]

132

Fern[and] o de Beramendi

[Rubric]

Attesting witness


[Rubric]

Attesting witness

[D.S., 35v-36 pp., in E. 10/19/1778-

12/l0/1778]

[c. in h.]

Lord Governor

[I], D o n Juan Aridres Albares Traviesb, Re&idor

of this Villa of San Fernando, with the proper

humility and in compliance with the writ from

Your Lordship which precedes [and] in which he

states [that] I should present competent bail

bondsmen which are to the pleasure of Your

Lordship, have been prompt in presenting them

according to [what] he commands and in every-

thing else which may be to his superior pleasure.

Ju[an] Andres Albares Trabieso [sic]

[Rubric]

0

133

[D.s., 36 p., in E. 10/lg/1778-12/10/1778]

[c. in h.]

Decree: To the person presented: Let him be granted

release from his prison under the secure

bail bond authorized in the proper manner

With the necessary and indispensable obli-

gation to be at this court of justice, by36v

the law, according to what is provided //

in the decree from the first of the current

[month]. For this purpose, transfer [it]

to the Alc[ald]e Ordinario de Primer Voto

of this Villa so that he may form the-

petl.tion for bond within the prestated

terms. And [on the appointed] date, bring

it to this court of justice in order to

join it with these docu.ments to the writs

on the matter. As such do I, D o n Domingo

Cabello, Colonel of the Royal Armies,

Governor and Cormilandant General of the

Troops of.the Province of Texas, its Missions,

Conquests, and Frontiers, and Captain of

134

the Company of this Royal Pres[idi]o of

S[a]n Ant[oni]o de Bexar, approve, order,

and affirm on the sixth day of the month

of December of the year one thousand seven.

hundred and seventy-eight before the attest-

ing witnesses with whom I am acting due to

the lack of a notary, making it on this

common paper since there is none stamped,

to which I certify.

Cabello

[Rubric]


[Rubric]

Attesting witness

Man[ue]l Flores y Valdes

[Rubric]

Attesting witness

[D.S., 36-36v pp., in E. 10/19/177g-

12/1C/1778]

37 29// // [Cross]


San Antonio de Bexar, on the ninth day of the month

of December of the year one thousand seven hundred

and seventy-eight, [I], Don Phelix. [sic] Menchaca,

Alcalde Ordinario de la Primera. [Instancia] of this

Villa, commanded Don Salvador Rodriguez of this

vicinity, whom I attest to know, to appear before

135

me and the,witnesses in my attendance with whom I

am acting as a receptoria due to the' lack of a. notary,

[either] public or royal, since there is none, and

on the present, common paper since there is none

stamped. And he said that inasmuch as Don Ju.an

Andres Travieso, ReZidor of this said Villa, is a

prisoner in his house and [since] this [man is] an

otorgante, he wishes to make bail bond. And putting

.it into effect as is best prescribed by law, he is

sure and knowledgeable of what pertains to it in

this case, [of what] is authorized, and [of what]

is realized for the present. And he constitutes

himself as a lay, sincere, true, and honorable bonds-

136

man for the said Don Juan Andres Travieso so that he

may be set at liberty from the prison in which he

finds himself. He will remain entirely free of it.

And if, for this reason, he departs from this Villa

and becomes a fugitive so that his person cannot be

taken, the said otorgaante is obligated to make the

cause of another his very. own since [neither] excur-

sion, other proceedings from outside, the law, whose

benefits he renounces, [nor] the Leyes Sansimu.s de

la EntreZa a Prueba will prevail. And in the case

that he is missing when he is summoned, he is obligated

to pay or to suffer the penalty according to the sen-

tence which was given against the said D o n Juan

Andres Travieso [and] his property. And if the

amount which he was fined is not complete, the said

otorgante is obligated, to make it up in person [with]

his landed property, owned and to be owned. And he

grants power and authority to all of the justices and

magistrates of Your Majesty of whichever territory

they might be and especially to those of this Villa

so that, as such, he will be made to comply and to

.maintain [it]. And he renounces all of the laws

which are in his favor and right. As such, he author-37V

izes and affirms with me and the // witnesses in

137

my attendance with whom I am acting as is stated.

I do certify.all_of the above.

Salbador [sic] Rodriguez

[Rubric]

J[ose]ph [sic] Phelix.[sic] Menchaca

.[Rubric]

Pedro J[ose]ph [si--] Texada

[Rubric]

Attesting witness

Jo[se]ph [sic] Roberto Nunez

[Rubric]

Attesting witness

[D.S., 37-37v pp., in E.. 10/19/1778-12/10/1778]

[ - in h.]

Decree. In consideration of [vuhat]. D o n Juan Andres

Albares Trabieso [sic] has been doing,.I

do doubt [that] the corresponding bond [is]

138

in a competent form according to the law.

He is to be relea.sed. by this [decree]. He

is to be freed from his prison and set at

liberty until his time and date.. Gather

the writs on the matter. As such, do I,

D o n Domingo Cabello, Colonel of the

Royal Armies, Governor and Commandant



and Captain of the Cavalry Company of this

Royal Presidio of S[a]n Antonio de Bexar,

provide; order, and affirm in this Villa

of San Fernando on the tenth day of the

month of December of the year one.thousand

seven hundred and seventy-eight before

.the witnesses in attendance with whom I

am acting due to the lack of a notary38 30

// // and on this common paper since

there is none stamped, to which I certify.

Cabello

[Rubric]


[Rubric]

139

Attesting witness


[Rubric]

Attesting witness

[A.D.S., 37v-38 pp., in E. 10/19/1778-

12/10/1778]

38v// [Blank Pa^e]

year : of 1778 number 39. · baron de ripperda in attendance: fernando de beramendi - in...

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