[ciros3, - dolph briscoe center for american history · 2011. 5. 23. · i, fran. joseph de...

33
[Ciros3, cTo the3 Governor and Captain General of this Province: ,In the villa of San Fernando in the Jurisdiction of the province of Texas and New Philippines, on-the nineteenth day of the month of May of the year one thousand seven hundred forty-nine, before the governor and captain general of this province, Don Pedro deel Varrio, Junco y Espriella, the follow- i ng petition was presented: Petition of Don Josef Leal to Don Pedro del Varrio I, Don Jph. Leal, first-ranking ordinary alcalde of this villa of San Fernando and one of the principal settlers and founders who, by order of His Majesty (may-God guard him), came to settle the said villa, appear before Your Lordship in the best manner and form accord- ing to law and in my own best interest to state that when I went from this villa, with some of its citizens, to the Medina River, in order to cut lumber for the construction of the church, by common agreement and consent, we located our camp and horse herd in the manner best suited.f or the success of the said enter- prise. Later it came about that the lieutenant of the company of this royal presidio, Don Ju: Galban, unexpectedly, without the approval or consent of any

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Page 1: [Ciros3, - Dolph Briscoe Center for American History · 2011. 5. 23. · I, Fran. Joseph de Ar©cha, notary, ppublic and eecretary3..of the eavildo. of" the, . said villa, by: virtue

[Ciros3,

cTo the3 Governor and Captain General of this Province:

,In the villa of San Fernando in the Jurisdiction of the

province of Texas and New Philippines, on-the nineteenth day

of the month of May of the year one thousand seven hundred

forty-nine, before the governor and captain general of this

province, Don Pedro deel Varrio, Junco y Espriella, the follow-

i ng petition was presented:

Petition of

Don Josef Leal

to Don Pedro

del Varrio

I, Don Jph. Leal, first-ranking ordinary

alcalde of this villa of San Fernando and

one of the principal settlers and founders

who, by order of His Majesty (may-God guard

him), came to settle the said villa, appear

before Your Lordship in the best manner and form accord-

ing to law and in my own best interest to state that

when I went from this villa, with some of its citizens,

to the Medina River, in order to cut lumber for the

construction of the church, by common agreement and

consent, we located our camp and horse herd in the

manner best suited.f or the success of the said enter-

prise. Later it came about that the lieutenant of

the company of this royal presidio, Don Ju: Galban,

unexpectedly, without the approval or consent of any

Page 2: [Ciros3, - Dolph Briscoe Center for American History · 2011. 5. 23. · I, Fran. Joseph de Ar©cha, notary, ppublic and eecretary3..of the eavildo. of" the, . said villa, by: virtue

resident or, pf:any:of us in authority, drove: off our

horse herd in order to recover $ome spirited horses

whi ch he said were his; and at a distance oftwo

leagues, the Ind9:ans ca.me and took it, the horse

herd3 from. ;him. We have charged him to restore to^

each'Ethe animals3 belonging. to him because he

carried, off tkl.e.. said horse herd, without .any one's

consent; but he pays no attention.. 'Since three cof

the. animals3, two horses and one mule; belong.to me,

I'. beg Your Lordship to 'decide in my favory because.

my petition is just, and to order'the said lieu-

tenant to pay me for all ofthem.because.I need

them in. my wort.

In view of the foregoing, I ask and beg Your

Lordship ...Justlce, to'please order, the saidlv.

lieutenant ... to com/jply with whdt. I . have asked

for;- if,you do so, I shall be.benefitted and shall..

receive mercy. I-swearaccordingto.law.that cmy

petit3,on3 is, I made without maliceand.whateve^ is

.necessary, et`cetera..

Also I ask Your Lordship to p].ease admit this

petition.on the present common. paper, without

detriment to the royal traea..s^uTy, because there is

no stamped paper here. Ut supra,

Joseph Leal

CRubric3

Page 3: [Ciros3, - Dolph Briscoe Center for American History · 2011. 5. 23. · I, Fran. Joseph de Ar©cha, notary, ppublic and eecretary3..of the eavildo. of" the, . said villa, by: virtue
Page 4: [Ciros3, - Dolph Briscoe Center for American History · 2011. 5. 23. · I, Fran. Joseph de Ar©cha, notary, ppublic and eecretary3..of the eavildo. of" the, . said villa, by: virtue

that he should order and did hereby order tha-t a.copy Cof it3

be, gi4eri to the party for Lieutenant Don Juan Galvan.

order thdt his.:deeision might be recorded; His Lordship

decreed, ordered, and:signed this- before me, the present

not.e.ry.. 'I certify.

D. : Pedro de1 Barrio Junco y Espriella

CRubrie3

Befara me::co

Fran.. Joseph d.e. Arooha

^cRubri^c 3

Notary Public and cSeoretarya, of the Cavildo

D.S. in E., May 19,. 1749, p. lv,

Page 5: [Ciros3, - Dolph Briscoe Center for American History · 2011. 5. 23. · I, Fran. Joseph de Ar©cha, notary, ppublic and eecretary3..of the eavildo. of" the, . said villa, by: virtue

coI, Fran. Joseph de Ar©cha, notary, ppublic and

eecretary ,3..of the eavildo. of" the . said villa, by:

virtue of the i'oregoing decree.,, went to the reeidence.

oP'Lieutenant Don Juan.Gaib4n and gave him the copy

I was ordered Cto give h3.m3. In. order that this,

might be recorded, I set it down as a; judicial pro-

ceediXig, which:'I eigned in the. presence . of Re : id©r

Don Martin -F].ores. I certify.

Fran.: Jo$eph de Arocha

CRubrica

Notary. Public and CSecretary of

the Cavildo

cA• D. S. in E. , May 19, 1749 , p. 1v ^

1-8 44;ew e^ %lie -f aet tuat the g^ea^a^a^t^e^s had

Page 6: [Ciros3, - Dolph Briscoe Center for American History · 2011. 5. 23. · I, Fran. Joseph de Ar©cha, notary, ppublic and eecretary3..of the eavildo. of" the, . said villa, by: virtue

4

3UtCross]

C To ..the 3 Governor and Captain General of the : Province :

In the villa of San Fernando in. th e jurisdiction oY TheJas

and.New:Philippines; on the twenty-first day of the month of

May of the year one thousand seven hundred forty-nine; before

Don Pedro dee].'Varrio Junco y.Espriella, former governor of

the. New Kingdom of Leon, appointed by His Majesty to succeed

the present . incurabent, provincial . alealde of the Santa Hermandad, .

governor and:captaln;general of this province :o1°'Thexas, the

following pet'ition_ was presented:

o, .I; Don Ju:. Galban, lientenant of the . company of-

-Se.n Antonio de Ve jar,: °appear:. before Your Lordship . in

thebest manner=and form aecording to law:and in my

.own interest to state that •inreply to the petition

presented against me by Don Jophe Lea,. Csic3 first.

ranking alcalde' of the villa of San Fernando, to

the effect that I shou.ld pay him for some horses

which the Apaches earried off, I declare that,, for

many reasons, this does not seem just. to me.. The

first reason is that after leaving, this presidio to

get:some_.stray horses.th-atwere on the Loma_Alta,'

I reached the place called Medina£ where the ECanary3

islandere were cutting l-Umber for the^conetruction

of the church, That day I went out to se e avhere the

Page 7: [Ciros3, - Dolph Briscoe Center for American History · 2011. 5. 23. · I, Fran. Joseph de Ar©cha, notary, ppublic and eecretary3..of the eavildo. of" the, . said villa, by: virtue

41

said'horees were and I.found them. Returning to the

camp, I said to them; "Senores;`I have. seen the

horsesI was looking for, up yonder: onebelonging^:

to me:;, another, to 'Don.Martfn Lorenzo; another, to

Don Migel reic3 de Castro; . another,, to. 1a Conzesion;

and arni.ther to a soldier, Pedro Ximenes. In the

morning, Isha:ll take this horse herdand get them

all together. ".: They were very_ glad but made no '

comment, as .to vuheth-er I. should take them or not. `

That very day . the enemy; were spying 'on ,the camp. .

The.:inext day, I ordered..thesaid horses assembled

were coming to the:place3v

they had //spied upon,

came u.pon my trail;' and'.thinking that the camp

had probab'ly been moved; they ,fol.lowe-d my trail.

When I reached the said place vahere the

horses were, I. placedthe horse herd -and

said 9tray

stationed

my`companions.atthe places I considered best for.

getting the horse's i wa':after. The;: enemy, follow-

ing the

it etYie

reason is. that none of the ger^tlemen forewarned me

of the. loss we were to suffer and only God knew

what going to happen. The third ereason is3

that when the other gentlemen saw what had happened,

said trail, came -up `behind us, eame upon

horse herd3 and carried it off.',The second .

Page 8: [Ciros3, - Dolph Briscoe Center for American History · 2011. 5. 23. · I, Fran. Joseph de Ar©cha, notary, ppublic and eecretary3..of the eavildo. of" the, . said villa, by: virtue

they said to me "Don't 1.et this worry you because it

is one of the contigencies of the bampo. The Pourth

and last. creason i s that if the eaid Alcalde or

another of the gentlemen who mere there had forbidden

my.taking their horses and.I had taken them.on my

own authority, hewould be justified in making the

said.charge against me. ; Besideq' the said gentlemen

know that I. am, in the habit of taking'alI the horses

I find in the campo and bririging them to their .

,.ovners without, expecting. the clightest remuner.ation.

Corisequently, it would not be right for me to pay

for. the said Yiorses. ' Zn view of a11 .the foregoing,

S ask and:beg Your Lordship to pleage grant my

request;for if you do so., I shai2 be benefitted.

and shall receive mercy and justice., vuhich 1s vuhat

I am asking for. I swear that this My petition

is executed without malice;and.whatever else is

necessary, et eetera.

Juan Galban

Rubric3

tD.-5._.in E., May 19, 1749,pp•-3-3v3 .

Page 9: [Ciros3, - Dolph Briscoe Center for American History · 2011. 5. 23. · I, Fran. Joseph de Ar©cha, notary, ppublic and eecretary3..of the eavildo. of" the, . said villa, by: virtue

Wheri His Lordship. had eeen the foregoing petition, in

-virtue of the contents ofthe same,,he said that he should

order and that.he did hereby order that a copy of it be given

to the party for A1calde Don,Joseph Leal. Thus did he deeree,

order, and sigu. this. I, the notary, certify, thereto.

eBarrio's rubric3

Before me:co

Fran. Joseph de Arocha

cRubric3

Notary Public and tSecretary, of.the Cavildo,

Go vernment . and War

,tD.S.:in E•, May19, 17.49., p•" 3v3

Page 10: [Ciros3, - Dolph Briscoe Center for American History · 2011. 5. 23. · I, Fran. Joseph de Ar©cha, notary, ppublic and eecretary3..of the eavildo. of" the, . said villa, by: virtue

. Immed, iately thereaf ter, I, . the ;eaid " notary, in virtue

.of /fthe order givenby His Lordship, gave to the party for

Dan Joseph. Leal.the.. eopy I was commarided cto. giqe him3. In

,order that this migh,t be recorded,- I signed it. I certify.co

Fran. Joseph de Ar.ocha

tRubric3

Notary Publie and CSecretary.j of the

Cavildo, Government, and VWUar

c A- D•. S. in t. May 19, 17 49, PPo . 3v-4^

Page 11: [Ciros3, - Dolph Briscoe Center for American History · 2011. 5. 23. · I, Fran. Joseph de Ar©cha, notary, ppublic and eecretary3..of the eavildo. of" the, . said villa, by: virtue

5//CCross3

the 3 Governor and Captain General of `thithis Province:

In the villa : of San Fernando in 'the jurisdi cti©n of the

province. of Texas and.. Ne* Philippines, on, the twenty-fourth

day of the month of May..of this year of one thousand seven

hundred forty-nine, befor.e the goverrior and captain general

of this provipce,. Don

the following petition

Pedro,deel Varria Junca..y.Espriella,

was presented,et ceterat

I,. Don JpYa. Lea3., ordinary Aloalo:e o f thi s

villa of San Fernarido and. one of the principal'

founders, who by,order of His. Majesty (may God

guard M:im ) came to found the said villa, appear

bef:ore Your Lordship in the best.manner.and.form.

according to law' and in my.own interest to state

that "after I Yiad pre.sented before Your LordBhip

. a petition to the effect that the lieutenant of the

company of this. royal presidio, Don Ju.: Galb.4n,

ehould pay:. me for three beas°:ts, one mule

hor'B`e

and. two

which through his fault the Indiana

of f r :: °it^Vle;d$ed

order that I

in

Your Lordship.to admit

be given a. copy of

carried

it and to

the petition,.

,presenteda by the said lieutenant in view thereof,

which he makes.the plea that when h.e informed

us of his `intention, the night before cthe incident3

Page 12: [Ciros3, - Dolph Briscoe Center for American History · 2011. 5. 23. · I, Fran. Joseph de Ar©cha, notary, ppublic and eecretary3..of the eavildo. of" the, . said villa, by: virtue

we made no:._reply as to whether or not he should take

them, . away but all of'us remairaed sllent ' with regar:d :

to his.proposition. But this.is:the very reason why

.he should pay for the Cbeaets.3; f-orwe kept silent

in or;der to have him-realize that his proposition

wasnot to,our liking and that if we; had approved

of it we wou1d have told him to go ahead. ^'.o.t

wishing to displease him weremained silent in order

to: .give him to.:understarid :that we did. not want hirn..:

to, take-. them away. However, ` without ;taking this

into consideration, the fol lowing day he drove away

our horse herd. At the'time, the notary of this:

villa and Don Jpb.. Curbelo' wanted to remove. their

horse s, ` but he dissuaded them by saying that he

would, keep them at their feeding trough and within

.our sight and that consequently there was no need

. for. getting them: That was. the reason Why I did

not get mine. And even if the Indians had spied

upon. our camp,. as .he.. 'says, had come to it' and had

carried off the said horee herd, each one would

have been responsible for his ldss .and there w-ou2d `.

be no reason for our bringing charges against the

said lieutenant. : In the second place, I Cwieh _ to 35

state that there.,was no need of calling //his

attention to the accidents and,contingencies that he

Page 13: [Ciros3, - Dolph Briscoe Center for American History · 2011. 5. 23. · I, Fran. Joseph de Ar©cha, notary, ppublic and eecretary3..of the eavildo. of" the, . said villa, by: virtue

11and many others were experiencing at e.very turn, and

for which reasoh we were of the opinion that heshould

anticipate them more accurately. In the third.p].aee

EI'. wi sh to state 3 that if the ot2ier gentlemen made

him the proposition he states, it.did not, suit me

because I.,needed. them for my servic e. In conclusion,

' I cwish to3 state that after I saw and heard. that he

did.not let the said tgentlemen3 remoI ve their Cbeasts3

because, he to2d them that he would keep them within

our sight, I did not order to "have mine caught and

removed. Conse-quently, I believe that by res.eon

. of--his having carried them off and not: having put

them- where' he promised it is 'just that he should

pay me . for'.them. I shall also present the informacion

whenever I am :asked, . for `which, : purpose, I do herebyco

appoint Don Bizente Albares Trabiesoy Don'Fran.. de

Arocha,; :and`Mn `Ja.cobo Hernandes; andT shall appoint:.

othere. if necessary.`:

In view of the foregoing, I ask and beg Your

Lordship to.': please grant my petition; for if you do

so I shall receive mercy ,and justice. I swear a.ccord-, . -ing to law that,this C'petition3 is made without malice

and whatever.celse3:is necessary, et cetera.., Further-.

more,. I ask Your Lordship to please admit.this my.

petition on the present common paper,.without detriment

Page 14: [Ciros3, - Dolph Briscoe Center for American History · 2011. 5. 23. · I, Fran. Joseph de Ar©cha, notary, ppublic and eecretary3..of the eavildo. of" the, . said villa, by: virtue
Page 15: [Ciros3, - Dolph Briscoe Center for American History · 2011. 5. 23. · I, Fran. Joseph de Ar©cha, notary, ppublic and eecretary3..of the eavildo. of" the, . said villa, by: virtue

When His Lordship had seen the f oregoing, he accep'Ged

it as admitted. and said th.at. he, shouldl.' order and that he did

hereby order. that aCopy be given,to Lieutenant -Don Juari

Galban; and that this petition.be- placed vith the other

proceedings. ` Thus did His Lordship. decree, order, and eigri`

this before me, the ,present notary. I certify.

Don;Pedro del;Barrio'Junco y Espriella

Rubric^

Bef ore me:co:.

Frran. Joseph de Arocha:

cRu.bric ^

Notary I'ublic and CSecretary3 of the Cavildo

^ S. in E. ,`' I^ay 19, .5v

Page 16: [Ciros3, - Dolph Briscoe Center for American History · 2011. 5. 23. · I, Fran. Joseph de Ar©cha, notary, ppublic and eecretary3..of the eavildo. of" the, . said villa, by: virtue

7/cCrosa

cTo the,3 Governor:0

I, Ju. Galvaii, lieutenant of the eompany of this royal

presidio of San Antonio.,:appear before yo-ur Lardship with,

due eubmission and veneration, in the-best form according

to law and in my own interest,to state that in obedience

to the copy sentby Your Lordship,in order that.L.should

answer

respect

charge makes against me in his.

petition: that .I earried vff: the

asking their opinion, he contradiets himseif.. For he

..admitted that I asked them and`they remained silent;and did

not tell me not.. to C carry them off 3. Consequently, it is

evident that I acted with theirconserit,'especially since

the..-gentlemen, who.were at hand cutting l.umber.-were:the onee'

the ietition of Don Joseph Leal; speaking with 'due.

and consideration, Iwishto state that in:the

which Don Josephe Leal

horses arbitre;rily without

concerned and itwastheir.re,sponsibi,lity-as muchas mine.

With reference to his' statement to the effect,::that,some of.

them wished to remove their' horses; that 'was riot thP way

of; it. Because if they hs,d-wished to remove. them, I would

not.have interfered with them since C the_ horse.s 3 we're.

theirs and'they could do as they, pleased- with them, I wou:ld

not have acted in opposition to the will of honorable men

as.to,whether I was as thoughtless as.the said Don Josephe

nor taken the horses3 away-by force. But without regard

Page 17: [Ciros3, - Dolph Briscoe Center for American History · 2011. 5. 23. · I, Fran. Joseph de Ar©cha, notary, ppublic and eecretary3..of the eavildo. of" the, . said villa, by: virtue

6

Leal assumes, I never;would;have. carried.them off by force

since I was alone and the.gentlernenwere.many. Consequently,

it is evident that- it was not as he se.ys,.but with the .consent

of all that:I carried them off. He also says that. I said

that I would ke ep them at their f e eding trough and wi thi n

their sight. It would have been diff.icult for me to make

such 'a. proposition; and under those circumstances, I. vnould7v ,

not have,asked for tthe:horse$y nei//ther would theyhave

believed the proposition which he; says I made them; for most

of the men are campistas and know that it is a long distaric:e

,between thethat

lumber camp and the Arroyo of Sar^ Lucas and^they

would have to be:;very farsightedor unfamiliar with the region

to have believed it^;but since this is not the case, they

cannot pleadignorance. He says thatI said that I would

keep them at".,their'own feeding

that Ishould b.e able to effect

troughs. It is ineredulous

the : miracle of `;taking the

horses from the Clumber3campto San Lucas.in -orderto get

thestz°ays and at the same time keep them5 at the 'feeding% .

trough .and within sight e©f the geritlemeri^. It is evident

that he Is very: fond of litigations; for he kno,ws that I

did not g.o.for.my own convenience or, to getL only: the

horses,^.but rather.all cthehorses3 belonging'tothe

sai d

community and that if the Indians had; killed me, my ehildren

and my wife would have been left defenseless; and they:-,

could not have brought charges against any one because I

Page 18: [Ciros3, - Dolph Briscoe Center for American History · 2011. 5. 23. · I, Fran. Joseph de Ar©cha, notary, ppublic and eecretary3..of the eavildo. of" the, . said villa, by: virtue

went, voluntarily'and disinterestedly to get them [the-horses3

as I have always done..: . VG.ith ref erence to hi s saying that. 1

should pay. for. Ethe horses' because I did not leave:. them

within sight,. I, say that I should not since it was _ for the

protection of.the strays that.I took them as far as San

Lueas, where the Chorsesj of the said settlers who were

cutting lumber for- the - church were.

I'am poor

not Aust that all shou].d enj oy the 'bene$its but that I,

alone, should be held responsible for "contingencies,

..neitYier do I consider myself responsible for

assure Your Lordship that.

family; that my salary is

ance. of the implements

eating .. poorly.

of

Consequently,

gations. ' But principally, I

there is

the mainten-

service and for

not enough for liti-:

know inmy conscience that I

do not ovne: them Canything3.

In vi ew of the,foregoing, I humbly ask and beg .YourQ

Lordship'to please render //wYiatever , clecisibn you may consider

to be just., Eor 'the ; pr.esent, have no.,more to , ask of Y'our

Lordshipr s most., Christian justice.

Juan Galban

^rRubric3

In myopinion'it is

the los $. I

and burdened by.a.large

barely sufficient for

war f or .the royaY

CD.S. in E., May 19, 1749, pp. ?-83

Page 19: [Ciros3, - Dolph Briscoe Center for American History · 2011. 5. 23. · I, Fran. Joseph de Ar©cha, notary, ppublic and eecretary3..of the eavildo. of" the, . said villa, by: virtue

.WYien His Lordship had seen the foregoing docuffient.s with

the allegations of, each of the two part.ies, he said that he

should order and that he did hereby

be held,

order` that.,an informacion

with three witnesses from among the most trtistvaorthy:

of, those.who were. cutting lumber. They shall be asked. the

`.following interrogatory;

lst. In the first place`, whether: tYiey know

or have heard that Lieutenant.Don Juah- Galban has

beeri o .r. i s in the Yiabit of going^,,out :, to:. et the:

horses of the settlers. or , other persons, that' have:

strayed in the fields.

2nd. In the second question, whether,they

know that the said _ Don 'Juan Galban had, driven off

the horse herd. roach the settlers had at the lumber

camp.

3rd. In the third question whether he : asked

the: owners of thi s:.horse_ herd. for It or whether he

dro ve

time-

it off on his own authority. ,Arid if at. the

he drove it off there was any opposition on

the part of the said ovaners, to statewhat took

place.

GOYien the said'depoeitions shall.haee been concluded,

the records of the proceedings shall be returned. to the

Page 20: [Ciros3, - Dolph Briscoe Center for American History · 2011. 5. 23. · I, Fran. Joseph de Ar©cha, notary, ppublic and eecretary3..of the eavildo. of" the, . said villa, by: virtue

31.

court of the said governor, who, in order that this might

be recorded,signed it before me., the notary. I certify.

Signed:

Don Pedro del Barrio.Junco y Espriella

cRubric3. . . .. _ . c . . : .

Before meco

Fran. Jo seph de Aro cha

CRubric3

Notary Pub7.ic and'rSecret,ar

of the.Cavildo

3

CD. S,. in. E. , May'19, .°1749 , p. 83

Page 21: [Ciros3, - Dolph Briscoe Center for American History · 2011. 5. 23. · I, Fran. Joseph de Ar©cha, notary, ppublic and eecretary3..of the eavildo. of" the, . said villa, by: virtue

In ; the said villa, on ; the said day, month, and year, by8V

virtue of tYie //decree enacted by His Lordship, I, the present

n©tary, sumrnoned. before me Don Ygnacio Lorenso de. Armas, a

resident, of this. villa of San Fernando and one. of the men

who'were engaged in cutting lumber when the Apache Indians

carried off.the horse

ing to cut the..said

herd belongin7, to those who were help-

1umber. "A1hen he had appeared, I ad-.

ministered to him the .oath, :which he took in `the name of our

Lord.God and by a:sign of the Holy Cross, according to law,

under penalty of whieh he, prom ised.to tell the truth in so`

far as he knew and might be questi.oned. When asked, the

interrogatory of the foregoing decree enaeted by His Lord-

ship, in.answer to.the first ques.tion.he said that he had..

heard severo.l times that the said lieutenaMt went out to

look for ; stray horses, but that t}a:.e . deponent, did not know

whether the horses3 belonged to him 7 or to oth:ers.

In answer to the second question, the'deponent said

that.. he knew that the said lieutenant had drigen off the

horse herd in order 'to get ° some -' stray horses of his. and that

he.h'eard him say that there were some belonging to<others.

In answer to'thethird question,. the deponent said

that 'he ;did. not.. hear him ask e.ny -one for the horse herd

neither did he see any one oppose him when he drove.it off;

that he did hear him say, "I am going with this horse herd

to get the stray horses. " cHe said that he saw a settler

Page 22: [Ciros3, - Dolph Briscoe Center for American History · 2011. 5. 23. · I, Fran. Joseph de Ar©cha, notary, ppublic and eecretary3..of the eavildo. of" the, . said villa, by: virtue

catch a hor. se and turii, it loose af t er- ward; but . that he. did

not know why he had.,turned

said lieutenant.say:,. "I am

it loose; that he.did hear the

taking, this horse herd to San.

Lucas Spring;". that afterward he.heard him say, "I am.tak-

ing it farther. " CHe. said that 3 he' also :knew. that he took`.

*ith, hirn thre e soldiers . riding,bareback, from among those

who were atthe lumber camp on. guard: duty; and.that that was

All he kneva and had to say under penalty of the oath he had

taken and which he affirmed and ratified. c H e saidy. that he

was `forty-five years. old, more or* less; that the. geheral

provisions of the laws did not apply to him. with reference

to the lieutenant, and that although they did apply to him'

by reason of` affinity with the said alcalde, he had not for

that reason `f ailed to be true to the oath be had taken3.

He signed ^ this with me, the said `no tary. I ce:rtlfy.

$igned:.co;

Fran. Joseph; de ,Arooha Ynasio Lorenso

Rubrica :.. £Rubric3

1Votary Public and C5ec're.tar^:^ Qf the ' Cav^i3do

CA. D. S. in E. , P^ay 19, 1'749, . pp. 8=8v3

Page 23: [Ciros3, - Dolph Briscoe Center for American History · 2011. 5. 23. · I, Fran. Joseph de Ar©cha, notary, ppublic and eecretary3..of the eavildo. of" the, . said villa, by: virtue

lminediate7.y, ther. eaf ter,

me, the said notary, Jacobo.

bevilla, whom I certify.to

he was present, I

in the name

9there appeared //in person, before

Ernandes, a resi.dent df.the said

the one . .menti oned h Qre in. . While

administered to him the oath, which he took

of our Lord'God and by a sign of the. Holy Cross,

according to la.w, under penalty of which he promised to te11,

the. truth in so^ far ;as he knew„and might be. questioned.

he was.among those who were

Since

helping to.cut lumber, I informed

him. of His. Lordshipl s decree and asked him to answer the

interrogatory of the saicl decree:..

lst. In 'answer . to the first question, he said that he

knew that the said lieutenant T7on Juan Galban was in the

habit of going out to look for all horses that had'strayed

regardles s of wb.om '.they belonged ^'to.

2nd. ' In answer to the_second question,

third question

he knew' that the.said lieutenant'carried off'the horse.herd

in order to catch some horsesthat had strayed.

3rd. . In an,swer to the

that he knew, that he

for

he said, that

the. deponent said

the. lieutenarit 3 did ,not . ask the owners

the horse herd; that ' as the above-meriti©ned lieutena.nt

started .to drive rthe; horses3, he said. that he was going to

take them to get the stray,horses, and for that r.-eason the

deponent went to catch his horse; and after the deponent

had caught his horse and had tied him, he heard his companions

tell chim3 to turn is horse loose

Page 24: [Ciros3, - Dolph Briscoe Center for American History · 2011. 5. 23. · I, Fran. Joseph de Ar©cha, notary, ppublic and eecretary3..of the eavildo. of" the, . said villa, by: virtue

66

we.s., not going to carry off their.,horses. He saici3 that he

knew, neverthele$s, tha.t' he the lieutenant, had driven them

off; that for that purpose, he had taken three of the. soldiers

who were guarding the lumber` people a:nd that these soldiers

and the said lieutena'nt *ere . not armed. rHe also kneW 3 that

the Indiane had carried off Cthe horses3.. CHe said3 that :,

thatwa'e :al1' _that he knew and had to sa^r, under. perialty of,

theoath he had taken, which he affirmed and ratitied. He

saij that he was thirty-two years old, more or less, and

that the general provisioris of the law did not apply to him

with ref ere.nee to, either of the- two. He did not sign because

he said that he did not know how. I, the said notary, signed

this. I certi.fy.

Signed::e.o

Fran.- Josep de Arocha

Rubri c 3

^Totary Public and CSecretary3 of the Cavildo

cA. 1749," .pp.`. 8 v-9 ..

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66

In the villa of San Fernando, on the third day of the

month of June.of this present year of one thousand seven

hundred forty-nine, I, the present notary, for the informa-

cion which I am holding, summoned before me Don Joseph Peres^._9v

Casanova, a resident of this //said villa and one of the cmen,

who helped to cut lumber. When he had appeared, I administered

to him the oath which he took in the name of our Lord God and

by a sign of the Holy Cross,, according to law, under penalty

of which he promised to teli the truth in so faras he knew

and might be questioned. After I had read him the interro-

gatory recorded in His Lordship's decree and he had become

informed of all its contents, he said:

lst. That in answer to the first question of the afore-

said interrogatory, he knew that the purpose.of all the ex-

peditions of Lieutenant Don Juan Galban that he Ethe deponent3

had seen or heard about was, to look for his own stray horses;

that most of the time che went3 to the place called Loma

Alta; that he may have gone to get other chorses3that were

with his or elsewhere, for his own benefit, in the hope of

finding .some.^unbranded calves, as the deponent had heard

several times that he h-ad brought some.

2nd. In answer to the second question of the said

i nterrogatory, he said3 that he knew, because he was there,

that the said lieutenant drove the horse herd.and left the

people who were attending to cutting lumber with few guards

0

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67

because, from the s.even soldiers who were there he took three

c ineluding^ the corporal; apd thelat.ter went, bareback and

unarmed.

3rd. I n answer to the third question, the deponent

said that he knew for a fact.that.he did not,ask the owners

for the horses but droee:them off on his own authority, as

is known to all who were there for .es he was driving them,

the. oa+mers of the, horses went to catch theirs and many caught

them; but: the said lieutenant said to 'them, "Tux°n your animals

loose and donlt.mistreat them rby keeping them3 tied there;

for . l am not taking the horses away from their feedifig trough;

I am taking them to the other side of that hill." He said,

that after he .cthe lieutenanty had taken away the said horse

^,herd; he Cthe. deponent 3 l^earned -frorn -Alcalde I)on Martin

Lorenso that not only did he not take them wher;e he s&id

but that. it `was more than two or .thre,e leagues to the place,

from whieh the Indians carried them off. eHe said3 that that

was all, that he'kne"v^ and had to say, under peria:7.ty of the

oath he hada taken, which ,he affirmed and r.atifi.ed., tHe said^

that he vnas. thirty.nine years

general provisions'of the law

reference

old; more or le'ss,. and that the

did -not apply. . to him with

to either of,the two.

said that he did not know how.

He. did not sign because he10

the present notary

public and Csecretary3 of the.eagildo; signed this. I

c erti fy.: `

Page 27: [Ciros3, - Dolph Briscoe Center for American History · 2011. 5. 23. · I, Fran. Joseph de Ar©cha, notary, ppublic and eecretary3..of the eavildo. of" the, . said villa, by: virtue
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'When His Lordship had seen gaAe the foregoing depositions;

he said, that he should order and that he.did.hereby order

that4they the deponents, appear bePQre the, said governor Yor

tYie ratification of the depositions tMey had made. In order

that this m.ight be re corded, the said governor signed ,, i t

before me, the notary. I ce.rt i.Py.

Deleted: gone--Void:

Signeds

Don, Pedro, del Barrio, Junco y, 9spriel7;a

cRubric 3

Before me:co

Fran. Joseph de' Arocha

,Rubri a,1

Notary Public an.d' , cSecretaryl of the Cavildo

cD.:5. In E. , May 19, 1749, p. 10 ^

Page 29: [Ciros3, - Dolph Briscoe Center for American History · 2011. 5. 23. · I, Fran. Joseph de Ar©cha, notary, ppublic and eecretary3..of the eavildo. of" the, . said villa, by: virtue

month of June of.one thou.sand seven hundred forty-nine, for

the ratification of the depositions recorded in these pro-

ceedings, His Lordship suinmoned before him Joseph.Peres Casa-

nova, : one. of., the. said wi:tnesse.s. and deponents. After he had

read, to him his, deposition, which is on folios nine 'verso,

he admini stered to him the Oath, which Yie took in the' name,

of our, Lord God a.nd by the sigxi

.to law. When asked whether it

of the. Holy Cros$, aocording

was the same cdeposition3 he

had made and whether he had anything to add or retract, he

said that it.. was vuhat he had deposed before the present

notary, and'that he had_:nothing to.add.orretract; that he-

ratified wYiat he ;had said one, two, and three time$, under..

penalty of the. oath he 'had taken, In 'order that .his rati- :

fica;tion might be.recorded, His L'ordship signed

deponent,did.not sign because

notary, certify thereto,.

i,t. The

he did not knoA how.

.Signed;n

.

D.Pedro del Barrio Junco',y Espriella;

CRubri c 3

Before' me teo

Fran. Joseph. de Arocha

rRubric^3

the

Notary Public and r.Secretary3 of the Cavildo

cD.S. in E., May. 19, 1749, p. 103 .

F-I

Page 30: [Ciros3, - Dolph Briscoe Center for American History · 2011. 5. 23. · I, Fran. Joseph de Ar©cha, notary, ppublic and eecretary3..of the eavildo. of" the, . said villa, by: virtue

forthe ratifications he was taking from. the witnesses wholw

had.made.depositions. //for these.proceedings, His Lordship

summoned before YiiS Jacob Ernandes, since he was one of.; them.

When he had appeared, he administered to him the oath, which

he took in the name oP our Lord Goa..'and by a sign of the Holy

Cross; according to law,.under penalty oPwhich he premised

,to tell.the truth in so far a`s he knew and might be questioned._

After he had read to - him vervo ad :'vervtun his d.eposition,^,. ._._._ ._^ .

which is recorded on folios nine, he said that he, had'heard

and understood it; and that it was the very 'edepostiiori3 he

had made. When asked whether he had anything to add or retract.,

he said that he did not; that what was recorded tYierein was

what he had deposed, that he had nothing to add or to retract;

truth,and that it, was the under penalty of the oath he had:,.,

taken and vahich he aff irmed .and "ra:tified; and that: he was

abiding by what he had said, veholiy.` . He did not sign. because

he said that. he did not kn5o-w how. .His Lordship signed this

be#°ore me, the pr:esent. Notary. I cert9.fy.

Signed:n.D. Pedro del Barrio.Junco y Espriella

E Rubric3

Before me:co

Fran. Joseph de Arocha

cRubricj

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Tmmediate::iythereafter,` he said governor,' for the ratifi-

cation by the witnesses .whose a.epositions s.re coritained herein,

summoned before him Don Ygnaeio Lorenso de"Armas, a resident,

of the said. vil,la and awitness cwhose deposition^ is recorded

in the"se proceedings. When he had' appeared, . he adminigtered

to him. the oath, which he took in. the name. of . our Lord God

and by a sign of- the Holy Crogs, according to law, under

penalty of which he promised to tell the truth in so far as

he knew and might be questioned.' After he the governor3

.had read to him, vervo ad. vervum, his cleposition, which is

recorded on folios- eight of'these ^proceedings, .and he the

deponent3 had been informed of all of it, he Gthe. latter3

said that it was the very cdeposition3 he had_made.. When

asked whether he had anything'to:add or retractJ"he said

that what was recorded `.in "his depo si tion, 'was all that he :.

kneur,and had to say; that he had nothing to add or, retract;

that it was the truth, under penalty of the oath he had

taken, which"he ratified and affirmed; and that he abided

wholly by what he had, said in,his deposition. He signed

this. with His' Lordship before me, the notary, T eertify,n

D. Pedro del, Barri.o Juneo y Espriella Ynaeio Lorenso

cRubric3 tRubric3 .

Before.me::coFran. Joseph de Arocha

cRubric3

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7

Notary Public and cSecretary3 of the Cavildo

D. S. in E. , May 19, 1749, p. lOv3