don juan maria ripperda, baron de ripperda, colonel · juan joseph bueno, joa.chin [joaquiri.]....
TRANSCRIPT
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[Cross]
Don Juan Maria Ripperda, Baron de Ripperda, Colonel
of Cavalry, Governor of this Province of Texas, its missions,
conquests, and frontiers, commandant of its Armies and
of the Governor of Coahuila, with the assistance of the
[Governor] of the New Kingdom of Leon, [in the name of]
His Majesty, Etc.
In the royal presidio of San Antonio de Bexar of the
villa of San Fernando, on the first of August, seventeen
seventy-four, acting as Delegate Judge, [and in the company]
of my Attendant Witnesses since there is neither Royal
Scribe nor [Notary] Public in this province, and on this
common paper because there is none with a seal, [I, the
Baron of Ripperda, state the following]:
That, Joachin [Joaquin] Benites of this neighborhood
came before me and stated he was executing [the following
Deposition] in order to receive the punishment he knew he
deserved [for having] served as a servant to Don Marcos
Vidal, [also] of this vicinity. [He served in this capacity]
on a mule and horse train journeying to Fort Nachitoches
[Natchitoches]. [However], before arriving at their destina-
tion, they were engaged [in a fight by soldiers from the
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fort], and he managed to escape. As a result [of this]
I ordered that he be chained in the Guardroom, since there
is no jail [in this place]. [This] was done yesterday,
the last [day] of July.
[Afterwards], on the same date, and at midnight, the
Lieutenant Commander of the [military] detachment [garrisoned]
at Fort Zivolo [Cibolo] brought in, as a prisoner, Nepomuzeno
Travieso. [Travieso], also an inhabitant of the villa
[of San Fernando] voluntarily appeared at the said fort
having fled from the aforesaid Fort of Nachitoches [sic]
where he said he had been held with the other prisoners.
Since there is no jail, [in this presidio], I ordered that
he also be chained in the Guardroom.lv
Likewise, I commanded that we hold as //prisoner, but
un-chained, an Indian between seventeen and eighteen years
of age who has adopted [our] Spanish customs, and whose
parents [live] in the mission of San Antonio. He had been
apprenticed to a native shoemaker outside [the mission].
Entering his service, they had traveled to Nachitoches
[sic], [but] not wishing to enter [that fort] he stayed
behind with the Captain of the Tejas until he found an
opportunity to return [here].
Having fully interrogated [the Indian], I should
command and by this [edict] I do command, that since I
do not find him guilty [of any violations], he be set free
and returned to the custody of his parents. And they are
to see that he does not again become a servant to anyone
[traveling] through -[Texas] territories or going to the
aforementioned Fort of Nachitoches [sic]. Neither is he
[to be allowed] to absent himself [from this villa] to go
to another neighborhood without proper authorization, under
penalty of being punished for either [his] flight or
[his] crime.
Thus do I decree by this my auto, that preparatory
proceedings at law be made in regard to the aforesaid
offenders by taking their depositions and that a[most
thorough deposition be taken] of the afore-mentioned
Indian, Juan Antonio.
Thus have I decreed in the company of my attendant
witnesses.
In witness whereof, I certify.
El Baron de Ripperda
Attendant Witness
Antonio de las Barzenas
Attendant Witness
Joseph Ygnacio Oneale
[D.C. 1-lv pp. in E.8-1-1774]
i!1
Deposition of Joa.chin [Joaguin] Benites
0
Asked if he swore before the Lord our God and a sign
of the Holy Cross to tell the truth in whatever he was
asked,
He replied that he so swore.
Asked from whence he came, and where he had gone,
He replied that Don Marcos Vidal had mislead him
by saying that he [Vidal] was going to Parras; that he2
[Benites] left the presidio with him //and [Vidal] took
him, along with others, to the Ranch of Ygnacio [Ignacio]
Pena. Having advanced him some pesos which he [Benites]
owed another young man, [Vidal] then forced him [although
he did not so desire], to follow him [in the capacity]
of a servant, on the [said] trip. [Vidal] said they were
going to Nachitoches [Natchitoches] with apartida of
mules unbroken to the saddle and fifteen with packsaddles
laden with twenty or thirty empty hampers and eight empty
barrels.
Accompanying this caravan of neighbors of this presidio,
were the son of the Senior Constable of this villa, Nepomuzeno
Travieso, Juan Joseph Bueno, Patricio Padilla, Bartholome
de Sierra with his sons, Gregorio and Xptobal [Cristobal],
Mathias [Matias] Guzman, [a] neighbor from the Colony of
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0
Nuevo Santander, a brother of one of the soldiers of
this presidio called Eusevio, and two other young men,
from the outside, whom he did not know.
From [the shore] of the Nechas [Neches] River, Don
Marcos, accompanied by Gregorio de Sierra, proceeded toward
Nachitoches [sic]. From there [Vidal] wrote a paper
to Bartholome de Sierra telling him that everything was
favorable and that he should continue to said fort with
all they were carrying. Said paper was brought [to Bartholome
Sierra] by Juan Antonio Ybarbo, a citizen of Lovanillo.
[Ybarbo] overtook them at the rancho del Vallesillo. The
paper went on to say that they would be received at the
rancho de Los Tres Llanos. They continued their march
until they reached the said ranch where [they stopped, and]
the bearer of their reply proceeded forward. Everyone
told [the bearer] to advise Don Marcos that unless he or
Gregorio de Sierra [rode with them] they would not continue
their journey.
Remaining there, on the morning of the next day,
[Benites], hearing shouts, climbed on top of the taPanco
of the house. From [that position] he saw Gregorio de
Sierra coming [toward the building] and shouting. He wasGv
//surrounded by three Frenchmen, and was being followed
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by a party of others [Frenchmen]. Everyone was galloping
and when he saw them take Nepomuzeno Travieso prisoner
[in spite of] his resistance, he climbed off the tapanco
and hid in an adjacent arroyo. [He remained there] until
he saw that everyone had left taking with them as prisoners
[all] the people and their belongings. [Benites, then]
went toward the house and recounted everything he had seen
to the owner [Mendoza]. He warned [Mendoza] to leave since
harm might come to him [if he didn't].
With that, he took the road to Vallesillo where he
[found] and joined Mathias [Matias] Gu.zman who had [fallen
behind] because of illness. Coming upon three beasts
abandoned by Nepomu.zeno Travieso, the witness and his com-
panion rode bareback to Nacodoches [Nacogdoches], where
The Provanzal [Provenzal] who traded with the Texas [Indians]
gave them one breech-clou.t, two heavy knives, and one bundle
of tobacco so that he could buy one saddle and something
to eat. Having picked up two other animals of Nepomuzeno
Travieso in Lovanillo, they continued their march with
five [beasts].
From Lovanillo to the Trinity [River] they were
accompanied by [several] Indians, [who were] from one ranch
or another, and one Texan. [On,the banks.of the Trinity
!7
River] they took a siesta along with some Tancagues [Tonkawa]
Indians from this side of the Colorado. Captain Sauto of
the Texas, manifested to them tthat] he was vexed because
the [Indians] from the Adaes had not moved [over] to live
close to them.
Tired, the witness and his companion arrived at the
Challupines [ranch of the Chayopines] with the animals.
They l,eft the two packsaddles, which they had brought by3
mule, at the Paso de las Mugeres [Mu.jer•es]. //With others,
Francisco Travieso [about this time, also] arrived at the
Pass, and Mathias [Matias] Guzman delivered to him the
packsaddles belonging to his brother.
[Whereupon] the witness [mounted] the horse of Xavier
Padilla having told his companion that if he could acquire
a horse on which to ride [to this presidio], he would
[promptly travel here] for the purpose of giving himself
up. And thus did the witness do for the purpose of receiving
his punishment.
Asked what Don Marcos had offered him.for the trip,
He replied that twenty-five pesos in reales, but that
he had not received them. [Furthermore], he [stated]
that he had nothing further to say, [that] he did not know
his age, nor could he sign his name. [For this reason],
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he made the sign of the cross and I signed this [statement]
with my Attendant Witnesses.
Attendant Witness
Antonio de las Barzenas
El Ba.ron de.Ripperda
[Mark]
Attendant Witness
Joseph Ygnacio Oneale
8
[D.C. lv-3 pp. in E.]
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Deposition of Nepomuzeno Travieso
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Asked if he swore before the Lord, Our Father, and
a sign of the Holy Cross (which he formed with his hand)
to tell the truth in whatever he was asked,
He replied that so he swore.
Asked from whence he came and his purpose in fleeing,
He replied that he had fled from Nachitoches [Natchitoches]
and that at the rancho of Los Chayupines [Chayopines] he
had joined the party of Don Marcos Vidal. [This party
consisted of] -the neighbors Patricio Padilla, Bartholomo
de Sierra and his sons Gregorio and Xptobal [Cristobal],
Juan Joseph Bueno, Joa.chin [Joaquiri.]. Benites, Mathias
[Matias] Guzman, a neighbor from Reinosa [Reynosa], Pedro
Revela'and Juan Joseph Guerra. The last two young men were
servants from Camargo and its environs. The said Don
Marcos carried [in his pack train] seventy-one mules unbroken
to the saddle, (of which five were lost) and eleven or
twelve saddled [mules]. No other freight was carried except
one petaca of pilonsillos [piloncillos]. Some of [the
packsaddles] were empty and six or eight barrels were
[also] empty.
[Travieso] dared the risk of fleeing since he had been
told by the said Don Marcos that he had to go to Nachitoches
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3v[sic] for the purpose of paying a debt. A neighbor //from
that Post, called Mermellon, had written [Don Marcos] two
letters from there before Atanasio de Mezieres had returned.
(Indeed, Don Marcos did not know of his arrival). [Mermellon,
in his letters ] told Don Marcos that he had received
permission for him to come [to Natchitoches] and pay him
either in money, mules or whatever he had. Indeed, he did
not need to fear that any harm might befall him or those
who accompanied him. [Furthermore], the Senor Governor
had told him that he was going to Parras or Vallesillo.
Asked [if he knew] with whom the said Don Marcos had
contracted the aforementioned debt and of what [the debt]
consisted,
He replied that [the debt] consisted of merchandise
and tobacco which he [Vidal] had brought from the Adaes
the previous year when he had come [from there]; and that
he had [purchased] these [goods] from the aforesaid Me.rmellon,
a,resident of said post. [Travieso] also knew, [Vidal]
having told him, that he had buried [these commodities]
in the field of this presidio, and that two or four [pieces]
of breta.na, two pieces of fine indiana, and about one hundred
bundles of tobacco were stolen from him.
[Travieso went on to say that] they continued their
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march and beyond the Colorado River they met six Tancagues
[Tonkawas], only one of whom recognized and spoke to them.
Afterwards, [as they passed through], they met [some]
Texas and Ays [Indians] in their usual villages. In the
former, they found a Negro from Nachitoches [sic] who was
buying deer hides, and in Nacodogches [Nacogdoches] a
Frenchman called The Provanzal [Provenzal] who traded with
the said Texas'[India.ns]. Among the residents that lived
on the rancho del Lovanillo, they found only two women,
an old man named Juan Francisco, and some Ays Indians.
Miguel de Cordova, with his wife, mother-in-law and daughter
had gone to Nachitoches [sic] for several days, as was his
custom [on occasion]. Monsieur Carlos, Juan Antonio
Ybarbo and another young man called Mariano Yvarvo [Ybarbo]
had gone in search of salt.
Asked how they had reached and how they had been
received in Nachitoches [sic],
He replied that from the River Nechas [Neches] (four
or five days before they arrived) [at Natchitoches], Don
Marcos and Gregorio de Sierra went on ahead and Jua.n Antonio
Ybarbo (one of the aforesaid residents of Lovanillo) came4.
out //to meet them at the ranch called Vallesillo, four
leagues beyond the River Savinas [Sabine River]. He brought
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a paper to Bartholome de Sierra from Don Marcos. In this
paper [Don Marcos] told [Bar•tholom.e] to inform everyone
that they were to [proceed on their journey] and arrive
with the packtrain they were leading. They continued
onward to the rancho de Los Tres Llanos, about four or
five leagues before reaching the Adaes. They went [this
route] [since] some of their animals were'tired; and in
view of the fact.that they were told by some Ays Indians
that the aforementioned Don Marcos and Gregorio de Sierra
had been taken prisoners. Nevertheless, the said Antonio
Ybarbo assured them [that the abovenamed men] had been
free when he left there to go to Natchitoches.
[However,]the next day about thirty or forty militiamen
came from there conducting Gregorio de Sierra in front of
them. From afar [Gregorio] shouted to them "Do not be
afraid, Comrades, there is nothing of any consequence
[to fear].." Notwithstanding, [this soothing advice],
after arriving [among them] he told them that Don Marcos
was a prisoner, but that he had been released and brought
[to them] so that they would not flee to the hills or riot.
[After this announcement] everyone remained quiet except
the witness who, pretending to check his arms, halted in
front of the door of the ranch. The Frenchmen tied him,
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although by force, telling him that they had orders to take
everybody, even if they had to shoot [them]. He requested
[that they loose him], and by feigning [acquiescence]
gave himself up. [Seeing his tractableness] they released
him, ordering an official and four militiamen to go in
front of the witness and Patricio Padilla.
The other [militiamen] stayed behind to conduct the
rest of the people and the mule train to Nachitoches [sic],
where they arrived, with everything, that [same] day.
[That is everyone arrived] except Joachin Benites, who had
hidden himself in the hills as soon as he had seen the
Frenchmen coming. Arriving at the house of the Commandant,
Don Atanasio de Mezieres, they unsaddled and he ordered
that they be taken to the house of Rembin where they would
eat, and [afterwards] they could walk around. [All] this
they did. The next day the said Commandant called them
and each one came before him and made a statement. After-
wards, with the exception of Don Marcos, who was in chains4v
//they returned to their walking. The witness and Patricio
Padilla were the only ones.forbidden to speak to [Don
Marcos]. But when the said Padilla requested permission
to [exact from] Don Marcos eight pesos which he had withheld
from him, the said Commandant granted him [this permission].
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•
[The Commandant] told [Padilla] that he also would talk
to [Don Marcos] telling him to return [Padilla's eight
pesos].
But the witness knew that Benites and Mathias [Matias]
Guzman (who had stayed behind, because of illness, at
the rancho del Vallesillo) would be coming [soon], bringing,
with them the animals they had left, because of exhaustion,
at Lovanillo. [Fearing] they would bring bad tidings to
the Commandant, and because he [Travieso] wanted to present
himself to the Senor Governor, [Travieso] determined to
flee from Nachitoches [sic] on the day following [the one
on which he gave] said statement, which was counting back
from this day, Sunday, (fifteen, or sixteen days before
Travieso's arrival at this presidio).
[Travieso put his plan into effect by] walking [from
Natchitoches] to the rancho de Los Tres Llanos. [There]
the owner, named Mendoza, loaned him a mule with the commis-
sion that he send him one or two [mu.les] when the people
undertook to leave with their trastos.
In Nacodogches [Na.cogdoches], The Provanzal [sic]
entrusted [Travieso] with a young Indian who, raised by a
resident [of the Adaes], who was serving a Padre Ministro,
had come to this presidio at the [same] time as the other
015
[Adaens], and had been delivered by them to his parents.
They [in turn] had apprenticed him to a shoemaker from the
outside. Accompanied by another brother of his, the shoe-
maker went on a hunting [trip] and were lost in the Barzos
[Brazos] River. From there, due to a lack of supplies, they
went to the Texas [Tejas Indians]. From there, with a French-
man, they proceeded to Nachitoches [sic] where they were de-
tained by the Commandant until such time as there would be
someone to escort them. [During this time], the [Indian] boy
remained in Texas -- sometimes with the Indians and at other
[times] with Monsieur [The] Provanzal [sic]. [It was the
latter] who gave the witness a horse to expedite briging the
said Indian, and with whom [Travieso] went directly to Fort
Zivolo [Cibolo]. They arrived [at the said fort] shortly
after mid-day on the 30th of July, and voluntarily gave
themselves up.5
//A.sked if he had brought anything [with him] besides
his clothes,
He replied that he had brought nothing. That as he
had [previously] affirmed, he had left Nachitoches [sic]
on foot, and that at the rancho of the Tres Llanos, Mendoza,
seeing him [wearing] a shirt that was in rags, gave him the
shirt that he now wore. [He also stated] that living on
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the rancho of the Vallesillo were the Indian, Joseph Manuel,
his wife who is an Adaesano, and Marcos Losoya.
[He went on to say] that he has nothing further to
report, and that by the oath that he has taken he verifies
the veracity of everything he has said, that he is twenty-
seven or twenty-eight years of age, and that he signs
[this Deposition] with me and my Attendant Witnesses.
El Baron de Ripperda
0
Juan Nepomuzeno Travieso
Attendant Witness
Antonio de las
Barzenas
Attendant Witness
Joseph Ygnacio Oneale
[D.C. 3-5 pp. in E.]
17
Deposition of Juan Antonio Cuevas
Asked if he is aware of the binding power of an oath,
and if he swore before God, our Father, and a sign of
the Holy Cross, which he formed with his hand,
He replied that he acknowledged the oath [which he
had made] before God, our Father, and the sign of the
Cross, to speak the truth, [and that] he would truthfully
answer [all questions] propounded to him.
Asked where he had lived and with whom he had entered
the Nation of Texas,
He replied that he had served the Reverendo Padre
Almillano, who had reared him, in the Mission of the Ays;
and that he had left [the Mission] in company with the
other inhabitants of the Adaes. [Later] they had given
him [back] to his parents who [belonged] to the Mission
San Antonio. From there he had been apprenticed to a
shoemaker called Juan Antonio. He does not know his
surname. [He does know, however, that he is] from the
outside [from other parts] and that he has a wife [living]
in the Mission of San Joseph. He left there in the company5v
of the brother of the said shoemaker and his son, //the
latter being about four years old.
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In Vallesillo they sold a cargo of meat and another
of fodder and fat. Thence, they proceeded to the Yguana
[Iguana] where they remained during Holy Week. From there
[the shoemaker] left with said brother and the witness,
who continued serving him. Taking his son with him [the
shoemaker] entered [Natchitoches] with ten horses and seven
mules, three of them broken to the saddle and four not
saddle broken. Of these, he said that two stallions,
one sorrel-colored, and one ardo, one mule and three
horses, one a bay, one blackish, and one light-colored,
must be sold.
They encountered the French son of Monsieu.r [the]
Provanzal [Provenzal] in the house of [either] Captain
Sauto or [Captain] Vigotes. [The latter] wished to buy
the animals from them. [However], not settling [on a price],
the Frenchman, the two masters [of the witness] and the
boy marched on toward Natchitoches. They carried with
them the hides which they had purchased with a half load
of du.lze [dulce]. They [also] carried with them the money
which they had made [fma the sale], in Vallesillo, of the
meat, fodder and fat [lard], mules and horses [which have]
already been mentioned.
Captain Vigotes counseled the witness not to [travel
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on], telling him that [if he did], The Provanzal [sic]
would [probably] write [,r2questing] that he be apprehended.
[Cuevas promptly] to his masters that he did not wish
to go [any furt^ier] with them and that he would await their
return [by] remaining with the said Vigotes.
At times he went to Natcodogches -[Nacogdoches] to
milk the cows which Monsieur [The] Provanzal [sic] had
purchased from [Captain] Sauto. [On one of these occasions]
he found himself in the said Nacogdoches at.the [same]
time that Nepomuzeno Travieso had fled there from Natchitoches.
[It was then that] Monsieur Provanzal [sic] told [Travieso]
to bring him [Cuevas, to San Antonio de Bexar] giving him
a horse to facilitate the journey. [He went on to say]6
that Travieso //brought nothing but one change of clothing,
one pair of breeches and two muskets, one of which, [Travieso]
told him, he had taken from the wife of Juan Antonio Ybarbo,
during his stay in Lovanillo. [Travieso further] stated
that he had come from the Colorado [River] for the [sole
purpose] of giving himself up -- which he had done.
[Travieso] with the witness [Cuevas] reached the store
or Fort of Zivolo [Cibolo] two days before the date they
were brought to this presidio. They arrived at three
[o°clock] in the afternoon and found [only] four or five
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soldiers, inasmuch as the Lieutenant and the greater part
of the [military] detachment were [out] gathering shell-
fish on the strand. [What is more, the Lieutenant and his
men] did not return until about two [o'clock] on the afternoon
of the previous day. Although the referred to Nepomuzeno
Travieso wished to come [here] on the morning of that
same day, and was [in fact] outside of the stockade, the
Corporal made him come back [inside] telling him to await
the return of the Lieutenant.
Arriving at the aforementioned time, [the Lieutenant]
and six [of his] soldiers remounted their horses in order
to bring in as prisoners [Travieso and Cuevas]. They were
not bound [or chained]. The witness was loaned a horse
since he possessed nothing more than what he b-rought, and
it [the horse] was left with the [soldiers] of this detach-
ment. The mule [was left] with To Ju.aniquin in the
Chayupines [rancho of the Chayopines]. He does not know
at what time, whether it was dusk or dawn, when they arrived
at this presidio, and that they were placed as prisoners,
although unchained, in the Guardroom.
Asked how old he was, he said that he did not know,
but he looked to be about eighteen years of age.
He was asked if, upon entering Texas from the presidio
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of the Bahia, they had passed any armed [soldiers].
He replied that 'upon entering Texas from said presidio
they had encountered a detachment of soldiers whose Commandant
had asked them where they were g.oing, and that his master
had answered that [they were going] to the Mision del6v
Espiritu. //Santo.
[Cuevas] did not hear what reply the [Commandant]
made [to this statement] but he noticed that they turned
off the road [and] headed toward said mission until the
soldiers were lost to view. [Afterwards] they re-directed
their steps and [took] the road to Guadalupe. Losing them-
selves they went to cross [about] a league below the Pass
of the Governor. They had difficulties, [however] since
the river was flooded and they had to hack their way
[through the woods], on this side. There was a good exit
on the other side.
Before crossing [the river] they killed two cows
one they ate, leaving only the bones. From the other,
because.it was thin, they removed [only] the shoulder blades
and hide [in order] to make a raft. From the head of the
first cow, they made a vessel for barbecuing [their meat].
[The.witness] states that this is all he has,to say
under the oath [he has taken], that he confirms everything
22
[said], and that not knowing how to sign [his namel he makes
the sign of the cross.
0
Attendant Witness
Antonio de las
Barzenas
El Baron de Ripperda
[Mark]
Attendant Witness
Joseph Ygnacio Oneale
[D.C. 5-6v pp. in-E.]
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In-the said Royal Presidio on the tenth day of the
month of August of 1774, acting [in my capacity] as Delegate
Judge in the presence of my Attendant Witnesses, [and]
in the manner in which I should command, by these presents
I do command [that] the persons of Joachin [Joaqu.in]
Benites and Nepomuzeno Travieso be secured in the main
Guardroom of this Royal Presidio since there is no other
prison, and
[Whereas it is necessary] to divide and attach the
property of [Benites and Travieso] and
[Whereas] it is obvious that Joachin [sic] Benites has
no property which can be attached, and
[Whereas] it is found that Nepomuzeno Travieso is
under the jurisdiction of the patria of his parents,
[Therefore] it is found that there are only four7
horses and two mules which [Nepomuzeno Travieso] //took
and which carried, in their flight, the aforenamed Joachin
Benites, Mathias Gu.zman (who came and went in his company
but who did not present himself and [consequently] could
not be [interrogated]), the Indian, Juan Antonio Cuevas
and the aforesaid Nepomuzeno Travieso, from whose account
they came and went on six caballerias (although he alleges
that they were not all his).
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[Nevertheless], as if they were [his], I attach them,
the two muskets which were found, and the ball and powder.
I command that these [items] be examined by Juan Ygnacio
[Ignacio] Guerrero, for which purpose I name him Inspector.
The aforementioned Nepomuzeno Travieso, on his part [should]
name [another] inspector, both of whom, under oath and in
due form, should depose [and say] that, to the best of their
knowledge, the said muskets and ammunition are [of] foreign
[make], and that they base their opinion upon the best of
reasons and [their] fitness as inspectors. [Furthermore,
I call] attention to the fact that if these Inspectors
do not observe their oath ipso facto, they will incur the
punishment of traitors.
Thus did I decree,.command and sign..
Of all this, I certify.
Baron de Ripperda
Attendant Witness
Joseph Ygnacio Oneale
[D.C. 6v-7 pp. in E.]
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®
In fulfillment of the preceding auto which informs
Nepomuzeno Travieso, that on his part he is to name an
Inspector [to represent him, and] in obedience thereof
and as commanded, [there] appeared before me the said
Juan Ygnacio [Ignacio] Guerrero as the Inspector appointed
by me, and Antonio Verneau [as the Inspector] appointed
by the aforesaid Nepomuzeno Travieso, the offender in
this case.
I received from [Guerrero and Verneau], intelligent
[men] and residents of this Royal Presidio, their oaths7v
in due and //proper form, and by these [oaths] they swore
to tell the truth. Upon being shown the two muskets, the
one pound fourteen ounces of powder and the five pounds
five ounces of shot, they said that they recognized every-
thing from their recollection [of the items] at the time
they lived in Los Adaes, adjacent to Natchitoches. Like-
wise, since the aforesaid Antonio Verneau had served in
France (where he is from) they both agreed that one of
the muskets was of the kind that formerly had been used
by armed French troops. The other [musket] was an English
[one] of the kind used by the residents of Natchitoches
against the Indians.
0
26
[Although, they knew] that the gunpowder was French,
they were in doubt as to [where] the shot [was from].
Consequently, Nicola`s Quinones, also a resident of this
Royal Presidio, and also formerly from Los Adaes, was named
as a third [party Inspector]. I received the oath, which
he likewise made in the proper form, offering to tell the
truth [in all that he said]. Under such oath, he declared
that one of the muskets was of an ancient French [make],
the other [musket] was of an English [make] and that the
powder was French as stated by the aforesaid Inspectors.
[He further stated that] he could not be certain that all
of the shot was French [but that] among [the shot] he did
recognize some that were [French] because of the color of
the iron, [and the fact that they were] round and without
seams, such as [those] he had seen in Natchitoches.
The two Inspectors and the third Inspector appointed8
//by me [then] approved everything that they had deposed.
Two [of the Inspectors] signed with me, but Juan Ygnacio
[sic], not knowing how to [write], made the sign of the
cross. My Attendant Witnesses, with whom I act in the
aforementioned capacity, also signed [this document] with
me.
Of all this, I certify.
27
El Baron de Ripperda
Antonio VerneauAttendant Witness
[Mark] Joseph Ygnacio Oneale
Nicolas Quinones Attendant Witness
Ant[oni]o de las Barzenas
[D.C. 7-8 pp. in E.]
40
^
i28
In the Royal Presidio of San Antonio de Bexar, on the
ninth day of the month of September of seventeen seventy-
four, the Baron de Ripperda, Governor of the Province of
Texas acting as Judge in this sumaria, in his opinion and
on the basis of the examination made by Juan Ygnacio
[Ignacio] Guerrero and Antonio Verneau., as Inspectors, and
by Nicolas Quinones as the Third [Party Inspector] who
carried out this inspection [announces the following]:
Nepomuzeno Travieso when he came from Natchitoches
and presented himself at the Fort of Santa Cruz del Zivolo
[Cibolo] brought with him two muskets and [some] ammunition.
As a result of the existing formalities, and since it is
clearly [the duty] of this Kingdom to uphold our agreement
with the Province of Louisiana, I should declare and
[by this auto] do declare the following:
The said two muskets and ammunition confiscated and
appropriated by the Commission, and also the four horses
and two mules which were ridden [here] by the two offenders
and Mathias [Matias] Guzman, who followed them in their
flight, but did not give himself up, should be sold at
public auction. As is the custom, [the auction] shou.ld
be concluded efficiently and summarily. [The sale];should
go to the highest bidder as long as it is at a price that
•
0
29
The money [from the sale of] the horses and the contra-
band muskets and ammunition sold or appraised shall be
deposited in the box with the three keys [which contains]
the Fondo de Gratificacion which belongs to the company of
8vis adjudged reasonable by //persons who know values.
this Royal Presidio, since there is no treasury [for the
safekeeping] of any rent [money]. [This is to be done]
while awaiting definite sentence to be passed [on the offenders]
and until the referred to [money] can be divided into four
parts to the proper parties.
Therefore, I command that the confessions of the
offenders be taken only with regard to the charges which
are made against them in the autos as no proof of the
seized goods can be made since they do not have them.
For this reason, the appointment of a Casador to defend
the minor children of the offender, Juachin [Joaquin]
Benites, [is necessary]. And for the same reason [also],
the Casador [of these minors] should give to the Fiscal
or the Administrator, the money which is collected from
[the sale] of the Zeneros.
And by this, my auto, so did I decree and sign in
the company of my Attendant Witnesses.
Of all this, I certify.
a
30
Attendant Witness
Joseph Ygnacio Oneale
El Baron de Ripperda
Attendant Witness
Antonio de las
Barzenas
[D.C. 8-8v pp. in E.]
,
31
0 By virtue of the [fact that] the preceding auto
found Juan Ygnacio [Ignacio] Guerrero and Marjil Falcon,
residents of this Royal Presidio, to be experts and lock-
smith masters, I appoint them, [as] Appraisers of the
muskets and the ammunition that constitute this lawsuit.
And as Appraisers for the cavallerlas [daballerias] that9
have also been confiscated, I appoint as //experts [ap-
praisers] from this vicinity, Don Juachin [Joqauin] Men-
chaca, the present Alcalde and Marcos de Castro. I heard,
in their proper form, the oaths which they made in the
name of God, Our Father, and [saw] them form the sign of
the Cross.
[Them], the aforesaid Don Juachin [sic] Menchaca and
Marcos de Castro promised to tell the truth and make their
respective appraisals [regarding], the four horses and two
mules, according to the dictates of their conscience and
their knowledge.
Juan Ygnacio [sic] Guerrero and Marjil Falcon [promised
to do likewise regarding their appraisals] of the two muskets
and the ammunition.
Consequently, after making their appraisals of the
horses and two mules, with one accord the aforementioned
Don Juachin [sic] Menchaca and Marcos de Castro valued
0
}
0 32
at three pesos one horse [that was] entirely lame on the
left side, had three white spots, and was bra:nded on the
side. [They appraised] at eight pesos one native chestnut
with black mane and tail [that was] partially trained,
branded on the side, [but] clawed. One cinnamon [colored
horse] with white feet, [also] branded on the side [was
valued] at five pesos. One roan, trained riding horse,
although now somewhat wild, [with a] fistula on his withers,
and with three brands on his side [was valued] at twenty
reales. One red mule, with distemper of the hoofs, with
the brands on his side partially obliterated, and a mark
on the left jawbone [was appraised] at twenty pesos.
Another grizzled mule [also] branded on the side [was valued]
at eighteen pesos. These amounts total fifty-six pesos
four reales.9v
And using the same //methods of appraisal in regard
to the muskets and the ammunition, the aforementioned Juan
Ygnacio [sic] Guerrero and Marjil Falcon declared that,
according to their knowledge and their experience of this
country, they appraised each of-the two muskets at six pesos
each. [They valued] at three pesos [and] five reales each
pound, thirteen ounces of the existing powder and at ten
reales the five pounds, five ounces of shot. All of this
0
33
G
amounted to the sum of ten pesos [and] seven reales; and
the total sum of these two appraisals amounted to seventy-
seven pesos and three reales. [These appraised values
were given] by virtue of the oaths taken by each and all
[of the experts].
In witness whereof they signed [their names] with me
and my Attendant Witnesses.
Of all this I certify.
El Baron de Ripperda
Joachin Menchaca Marcos de Castro
Juan Ygnacio [sic] made the sign of the cross.
Marfil Falcon made another sign of the cross.
Attendant Witness Attendant Witness
Joseph Ygnacio Oneale Antonio de las
Barzenas
[D.C. 8v-9v pp. in E.]
0
34
As a result of the preceding appraisals, a public
sale, by auction, is in order [for the purpose] of selling,
to the highest bidder,.the two aforementioned muskets, the
ammunition and the caballerias. However, since Nepomuzeno
Travieso had previously given me his legal and irrefutable
guarantee as to the quantity of the [ge'neros], concerning
which these appraisals were made, I hereby order that the
sale be suspended for now until the aforesaid guarantee
is inserted [in this document].
Thus do I decree and sign in the company of my Attendant
Witnesses.10
The Baron of //Ripperda
Attendant Witness
Joseph Ygnacio OnealeAttendant Witness
Antonio de las Barzenas
[D.C. 9v-10 pp. in E.]
0
35
40
In the villa of San Fernando and the royal presidio
of San Antonio de Bexar, on the seventeenth day of the month
of September of the year] seventeen seventy-four, Don Joseph
Antonio Curbelo, resident of this aforesaid villa, [and a
person] for whom I certify, appeared before me, Don Phelis
[Felix] Menchaca, Delegate Judge in the company of my
Attendant Witnesses because there is neither a Notary Public
nor a Royal Scribe, and on this common paper since there is
none with a seal, and [in my capacity] as Senior Magistrate
and acting Alcalde in the absence of Don Jacinto Delgado,
who is the Junior Alcalde of this said villa.
He said that he knew the beasts, horses and ammunition
which were found to be in the possession of Nepomuzeno
Travieso (a prisoner in the Guardroom of this Presidio)
had been appraised at the price of seventy-three pesos and
three reales by [the Inspectors] Don Juachin [Joaqu.in]
Menchaca, Don Marcos de Castro, Juan Ygnacio [Ignacio]
Guerrero and Marfil Falcon. By virtue [of such appraisal]
he knew of the estimated [amount] and could certify as to
its accuracy.
Furthermore, he obligates himself to inform [those
in authority] of the decision of the Most Excellent Senor
Viceroy, Governor and Captair.n. General of this New Spain.
0,
0
. 36
•
[He will do this] with the utmost punctiliousness just as
soon as [the Governor's] determination is received.
He [further] stated that he had received the said
beasts, horses and ammunition which are listed as follows:
One completely lame chestnut horse valued at threelOv
pesos; one //native bay [horse] with a black mane and tail,
partially trained, [valued] at eight pesos; one cinnamon
[colored horse] with white feet, [valued] at five pesos;
one roan riding horse with a fistula, [appraised] at two
pesos and four reales; one red mule with distemper [of the
hoofs, but otherwise] with a good body and of a good age,
[appraised] at twenty pesos; another grizzled mule [appraised]
at eighteen.pesos; (two muskets, [valued] at twelve pesos);
five pounds and five ounces of shot [valued] at one peso
and two reales; and one pound and thirteen-oun.ces of powder
[appraised] at three pesos and five reales.
[Antonio Curbelo] confessed to having received,- to
his entire satisfaction and in proper form, all of the
above [.generos]. [He further stated] that as bond for
the delivery.of the aforesaid amount, he binds himself and
the property which he has and will have. He grants to
whatever appointed judges of His Majesty [may preside in
this case] the power to enforce this bond as if by sentence
0
i37
passed,- given and pronounced by a competent judge presiding
over a suit in which he renounces his legal home and pro-
perty, the law sit cumbenerit de Juriditione omnium (Judicum)
and whatever else he may.have.
Upon the delivery of these [generos], he signed with
me and the Attendant Witnesses with whom I act as has been
said.
In witness whereof I certify.
Joseph Phelis Menchaca
Attendant Witness Attendant Witness11
Joseph Antonio Curbelo Fran[cis]co //Xavier Rodriguez
Attendant Witness
Amador Delgado
[D.C. 10-11 pp. in E.]
0
^'e38
Confession of Juachin [Joaquin] Benites
0
Asked if he swore before God our Father and a sign
of the Cross to answer truthfully the questions he was
asked,
He replied that he so swore.
Asked if he confessed to having gone from this Presidio
to the Presidio of Natchitoches in the company of Don Marcos
Vidal [for the purpose of] conducting a partida of mules
and others loaded with barrels, empty hampers and carrying
only enough provisions for the trip,
He replied that he so confessed, but that he did
not reach Natchitoches since before reaching Los Adaes,
[men] from the said Fort came out and captured them.
[This event took place] at the Ranch called Los Tres Llanos.
That wishing to change the order of things, he fled to this
Presidio with the idea of presenting himself to the Senor
Governor. That although Mathias [Matias] Guzman [one of
the men] who accompanied the said Don Marcos had fallen
ill at the ranch called El Ballesillo [Vallesillo], and
was not taken prisoner, [for a time] he had accompanied
[Benites] with the idea of giving himself up. [However],
he did not do so.
0
0
39
Asked if all that he had confessed to in his Deposition
was true,
He replied that everything he had stated by thisllv
confession //in the said Deposition was true and that,
under the oath he has taken, he ratifies everything [in it].
He stated that he had nothing [further] to add or
delete from this Deposition, that he did not know his age,
and that he did not know how to sign [his name]. [Therefore]
he made the sign of the cross and I signed [this instrument]
with my Attendant Witnesses.
El Baron de Ripperda
Attendant Witness
Joseph Ygn[aci]o OnealeAttendant Witness
Antonio de las Ba.rzenas
[D.C. ll-llv pp. in E.]
i
0
a40
Confession of Nepomu.zeno Travieso
Asked if he swore by God, our Father, and a sign of
the Cross, which he formed with his hand, to answer truth-
fully all the questions propounded to him,
He replied that he so swore.
Asked if he confessed to having left this Presidio
to go to the Fort of Natchitoches in the company of Don
Marcos Vidal [for the purpose] of conducting a partida
of mules and some [who were] saddled with barrels and empty
petacas,
He replied that he so confessed. [Fu.rther, he stated
that some men] came out of the said Presidio and captured
them on the rancho of Los Tres Llanos, [which is] about
five leagues distant from Los Adaes. [These men] led them,
with all that they were transporting, to the aforesaid12
Natchitoches //where only the aforesaid Don Marcos was
chained. The others were [merely] confined within the
Fort. On the third day, he who is making this confession,
fled [from Natchitoches] and at Natcodoches [Nacogdoches]
allied [himself] with an Indian named Juan Antonio.
[The Indian's] parents reside in this Mission of San
Antonio. He came with the intention of presenting himself
to the Senor Governor, and did this by immediately heading
041
0
for the Fort of Santa Cruz del Zivolo [Cibolo].
Asked if he confessed that everything that he had
deposed in his Deposition was the truth,
He replied that he so confessed, and that he ratified
all he had said under the oath which he took, that he neither
adds to nor deletes from what he has said, and that he is
certain [of the veracity] of his written Deposition.
[He states] that he is twenty-six or twenty-seven years
old, and he signed [this instrument] with me and my Attendant
Witnesses.
El Baron de Ripperda
Juan Nepomuzeno Travieso Attendant Witness
J[ose]ph Ygn[aci.]o Oneale
Attendant Witness
Antonio de las Barzenas
[D.C. llv-12 pp. in E.]
042
[I enjoin] the offenders to present the arguments
which they feel necessary for their defense and acquittal.
Thus do I decree, command and sign.
El Baron de Ripperda
Attendant Witness
Joseph Ygn[aci]o Oneale Attendant Witness
Antonio de las Barzenas
[D.C. p. 12 in E.]
0
0
043
0
In obedience to the preceding auto, and since we lackl2v
a lawyer to represent us, we plead our own case //for
our own defense and acquittal by stating that we did not
know that the mules which Don Marcos Vidal was transporting
to the Fort of Natchitoches were contraband.
Since we were ignorant of the fact they were contraband,
our only connection with the mules was that we went along
for the pay which was offered to us. [We were paid] to
accompany him [Vidal] through the vast uninhabited [stretches
of country] and help [work] by doing whatever was necessary.
[In support of his plea] for acquittal, the present
Nepomuzeno Travieso [states that] he went along for the
purpose of paying a debt which he owed. [Insofar as] the
two muskets which have been recognized by strangers, [he
further states that] on his return he received one [of the
muskets] from the wife of Juan Antonio Ybarbo at the ranch
of Lovansillo. The other [musket] was purchased from the
Indians in Nacodoches [Nacogdoches] in order that the
Indian, Juan Antonio, who accompanied him might be [properly]
armed. [In Nacogdoches], he asked for some ammunition
[which would be needed] for their defense and for hunting
[purposes].
Because of the [evidence presented] we do not believe
0
•
A
44
ourselves guilty [of any offense], and because we are suffer^
ing from the incarceration in which we find ourselves in
this ruinous and narrow Guardroom, we humbly entreat Your
Lordship to make amends for the harsh times ahead by
granting us the liberty with which we will receive the
justice and mercy we implore.
At the request of
Juachin Benites
Juan Nepomuzeno Travieso
Joseph Antonio de Agreda
[D.C. 12-12v in E.]
0
4513
So that //sentence may be passed upon them, let this
part of the written proceedings of the offenders, in which
they have presented their arguments for defense, be delivered
to the proper authorities for examination and publication.
Thus have I commanded and signed with my Attendant
Witnesses.
Attendant Witness
Joseph Ygn[aci]o Oneale
El Baron de Ripperda
A.ttendant Witness
Antonio de las Barzenas
[D.C. l2v-l3 pp. in E.]
0
!46
0
In compliance with the preceding auto, its contents
having been divulged to us, we are trying, by our state-
ments and confessions, to show that we are not guilty.
[This is] manifestly clear by our allegations. [Conse-
quently] we implore, in the name of justice and mercy, that
we be exonerated and freed. We swear that we are not
acting in malice and promise upon our oaths to bear what-
ever expenses are necessary in this lawsuit, etc.
At the request of
Jua.chin Benites
Juan Nepomuzeno Travieso
Joseph Antonio de Agreda
[D.C. p. 13 in E.]
!47
Consequently, since the results of this sumaria
have clearly proven [their guilt], Juachin [Joaquin]
Benites and Nepomuzeno Travieso, prisoners in the Guardroom
of this real presidio, are found [guilty] in the mule-
smuggling [trade] conducted by Don Marcos Vidal to Fort
Natchitoches.
So that it may be of.record in the preceding re ui-
sitoria that Mathias [Matias] Guzman, who followed them in
their flight, only cooperated in the beginning, and because
of the solicitude [expressed.in his behalf] by his native
villa, I order that [Gu.zman's] entire [confession] be added
[to this document].
Thus have I decreed, commanded and signed in the company
of my Attendant Witnesses.
El Baron de Ripperda
Attendant Witness
Joseph Ygn[aci]o Oneale Attendant Witnessl3v
Antonio //de las Barzenas
[D.C. 13-13v pp. in E.]
0
48
Exact Copy of the Reauisitoria
[Ten the] Sen.or Capitan and Senior Judge of the villa
of Reynosa:
Since Mathias [Matia.s] Guzman finds himself liable
for punishment in the mule-smuggling [trade] initiated by
Don Marcos Vidal to the Fort of Natchitoches, in the Province
of Luisiana [Louisiana], [I, the Baron de Ripperda, state
the following]:
[:In,the aforesaid Fort of Natchitoches, Vidal] was
made a prisoner along with those who accompanied him.
[However], Mathias [sic] Guzman and Juachin [Joaquin]
Benites fled, as did Nepomuzeno Travieso later. The last
two gave themselves up but [Guzman] continued his flight
taking from here another's horse. [Since then] he has lived
in the villa of Reynosa with his father, Juan Guzman.
I notify and demand of Your Lordship in the name of
His Majesty (whom God guard), and on my part I entreat and
charge, that you assure the safety of the person of the
aforesaid Mathias [sic] Guzman. You are to keep him safely
chained until the decision of his Excellency, the Senor
Viceroy, Governor and Captain General of this New Spain
has been made a part of this requisitoria to the sumaria
49
of the two above-mentioned prisoners who were brought before
me.
In this royal presidio of San Antonio de Bexar, and
on this the ninth day of the month of September of seventeen14
seventy- //four, [I write this] acting in my capacity as
Delegate Judge and in the company of my Attendant Witnesses.
El Baron de Ripperda
f
Attendant Witness
Joseph Ygn[aci]o Oneale Attendant Witness
Antonio de las Barzenas
El Baron de Ripperda
[D.C. l3v-14 pp. in E.]
9
!50
•
Having read and examined the statements, confessions,
ratifications and proofs of this sumaria, I find Juachin
[Joaquin] Benites, Nepomuzeno Travieso and Mathias [Matias]
Guzman, deserving of punishment [due to their complicity]
in the smuggling operations of Don Marcos Vidal. Neverthe-
less, the first two deserve leniency since they voluntarily
presented themselves for the punishment which should be
imposed on them:
v/` In view of all this, I order that the official papers
[of this sumaria] be sent to his Excellency the Senor
Viceroy Governor and Captain General of this New Spain
[for him] to pass sentence [upon the offenders].
Thus have I decreed, ordered and signed in this royal
presidio of San Antonio de Bexar on the twenty-second day
of the month of September of seventeen.seventy-four, acting
in my capacity as Delegate Judge, and in the company of my
Attendant Witnesses because there is neither a Royal Scribe
nor a Notary Public, and on this common paper since there is
none with a seal.
In witness whereof I certify.
El Baron de Ripperda
Attendant Witness Attendant Witness
Joseph Ygn[aci]o Oneale Antonio de las Barzenas
[D.C. p. 14 in E.]
051
ERRATA SHEET
0
On the reverse side of the second page, [the word]
"in" is inserted between the written lines; on the same14v
//page, [the word] "se" [reflexive pronoun] is inserted
between the written lines; on the reverse side of page
three, the phrase "and another young man called Mariano
Ybarbo" is inserted between the written lines; on the reverse
side of page five, the words "already mentioned" are scratched
out; on page seven, the word 11if" is inserted between the
written lines; on the reverse side of page ten, the words
"two muskets at ten pesos" are inserted between the written
lines; on the same page, the word "Judicum" is inserted
between the written lines.
[Note l4-l4v pp. in E.]
0
0
52
This is a faithful, [true] and legal transcription
of a[document] that I ordered transcribed. It has been
compared, amended and corrected with the original [instru-
ment]. Don Vizente Camano [Vissente Caamano] and Ygnacio
[Ignacio] Luzero have acted as witnesses to the comparison,
amendrnent and correction of this [transcription]. [This
document consists of] sixteen written pages and two blank
pages which I signed, acting as Delegate Judge, and in the
company of my Attendant Witnesses since there is no [Public]
Notary in this Province, and on this common paper since
there is none with a seal in this. Royal Presidio of San
Antonio de Bexar. [Signed] on the twenty-eighth day of
the month of September of seventeen seventy-four.
In witness whereof I certify.
El Baron de Ripperda
[Rubric]
Attendant Witness
Joseph Ygn[aci]o Oneale Attendant Witness
[Rubric] Antonio de las
Barzenas
[Rubric]
[D.S. p. 14v in E.]