1755--62--63--65-- & 66.Years of 1755, 62, 63, 65, and 66. P0)+ 204 Proceedings held officially by...
Transcript of 1755--62--63--65-- & 66.Years of 1755, 62, 63, 65, and 66. P0)+ 204 Proceedings held officially by...
Years of 1755, 62, 63, 65, and 66.
P0)+ 204
Proceedings held officially by royal justice and on pe-
tition of the parties against Andrds Chirinos by the govern-
ors of this province of Texas, Don Jazinto de Barrios y Jdu-
regui and Don Angel de Martos y Navarrete, and Don Juan Prie-
to, deputy for the governor in this presidio of los Adaes, on
thirty valid folios and two blank folios, not including this.
,Endorsed in English,: Adais, 1755 to 66.
Judicial acts vs. .AndrGs Chirino--Plaintiffs--the Governors
of this province, Barrios y Jdurigue, Martos y Navarete &
Don Juan Prieto.
1755--62--63--65-- & 66.
CCross,
In the royal presidio of Nuestra SePlora del Pilar de los
Adaes, on the..s:ixth day of the month of May of the year one
thousand seven hundred fifty-five,..I,, Don Jacinto de Barrios
y Jduregui, lieutenant colonel.in the cavalry of the royal ar-
mies, governor and captain general of this province of the
Texas, New Philippines,.commaridant of its presidios, conver-
sions, and frontiers, military commandant of the provinces of
Cuabila cCoahuila, and'Pansacola and assistant to the govern-
or of, the New Kingdom of Leon, etc., cstate that, on the
third day of this present month Lieutenant Don Juan Antonio
Amorain appeared before me to complain by word of mouth that
a cow of his had been sold by Andr6s Chirinos, a vecino of
this roy.al presidio, to the very reverend father president of
these missions without the consent of the said Morain. He
said, that his allegation could be verified by Corporal Juan
de Torres, to whose care he had entrusted the said^cow. Hav-lv
//ing summoned.the said Torres,.I administered to him the
oath, and he replied that the cow sold by Chirinos, was the
above-said cow of Morafrn. Then I summoned before me Andrds
Chirinos to inform him of.the charges that had been,imputed
against him in the two foregoing proceedings. He replied by
saying that the cow was his and that-he would prove this by
Antonio Villarreal and Pedro Granados, both soldiers of this
royal presidio. In view of his Chirinots, reply 1,,Iiguel del
Rio was ordered to call the said Pefta sic,, who was present.
And not withstanding my having summoned him to confirm the
statement made by the said Chirinos' he Chirinos, had the ef-
frontery to burst out saying that it was.useless to call the
said Villarreal for he knew well in advance that I would not2
do him justice. For //this disrespect I had him Chirinos,
put in the stocks. In view of all the foregoing we shall pro-
ceedto take the depositions of the said Andrds Chirinos.and*
of the others, and this case shall be tried.judicially until
these proceedings shall have been completed. Thus did I de-
cree, order, and sign this.with my attendant witnesses as
'auez receptor in. the absence of a' notary because there is
none within the limits deterrnined by law. I certify.
Signed: Attendant witness,:
M. Jacinto de Barrios y Jduregui Bernardo Zerbantes
Rubric, ^Rubric.,
Attendant witness,:
Phelipe d,e, Si,e,rra
Rubric,
,A.D.S. in E., I,,Iay 6, 1755, pp. 1-2.
Immediately thereafter I, the said governor, went to the
guardhouse of the said royal presidio where the said Andrds
Chirinos was a.prisoner. When:he had appeared I administered
to him the oath, which he took in the name of our Lord God and2v
a sign of his holy cross, according to'//law, under penalty of
which he promised to tell the truth in so far as he knew and
might be questioned. When asked whether he knew why he was
under arrest, he replied that he was arrested, by my order
because of the complaint made by SePSor Morain about a cow.
When called in question for bursting out saying that I would
not do him justice a.lthough no decision had yet been reached,
he replied that the anger.he feltfor having to appear before
me had caused him to'say that I would not do him justice.
,When asked, to depose when had I not done justice to him or
to anyone else, he replied, that on one occasion when he
had asked for a bear for which he had paid the Indians the
sergeant had taken it from them and I had ordered that it be
delivered to him. And che said, that he had not heard any-.
.one complain of any injustice whatever. When asked whether
he had any more witnesses he said that he had, the two
named cabove, and that //he thought that Corporal:Cordobds
could depose whether or not the said cow was his. When asked
by me, the said governor, whether he felt the same anger when-
ever he was summoned by judges--for on the twenty-first of
November of last year after I had ordered his arrestl he re-
plied "Caballeros, who comes to arrest me?" but I paid no at-
tention to it at the time--he said that it was true that he
said this and that he did so in order to learn who was going
to arrest him because he had never been arrested except on
one occasion when Don Francisco Garsia Larios arrested him
because the deponent had gone to ask him to sell him a clock
inorder to break it to pieces because he did not have time
for anything. When asked whether he had.anything else to
say, he replied that'the reason he said what.he had said was3v
that on two occasions he,had asked me for a license //to gonot
to the missions and to trade with, the Indians and that I had/
granted it to him; that on one occasion, Lieutenant Don Mar-
cos Ruis was present. He deposed, that he had nothing more
to say,and that this was the truth under the oath he had
taken, which he affirmed and ratified. He did not sign be-
cause he did not know how. I signed with my attendant.,wit-
nesses with whom I am acting, as stated above. I certify.
Signed: Attendant witness,:
Barrios Phel,i,pe de Si,e,rra
,Rubric, C.Rubric,
Attendant witness,:
Bernardo Zerbantes
Rubric,
A.D.S..in E ., May 6, 1755, pp. 2-3v,
0
c
Immediately thereafter in view of the foregoing deposi-
tion of Andrds Chirinos and his allusion to my refusing chim
license, to go to the missionsi Il the said governorl in or-
der to prove this.summoned before me Don Marcos Ruis. I ad-
ministered to him the oath, which he took in the name of our
//Lord God and a sign of his holy cross, according to law3
under penalty of which.he promised to tell the truth in so
far as he knew.and might be q,uestioned. When asked if he
.knew whether I had refusedlicense to Andr6s Chirinos to go
to the missions and to ^trade with, the Indians, and to tell
on what occasions and why, he replied that in the month of
November last while he the deponent, was with the sePior gov-
ernor, the said Andr6s came to ask His Lordship for license
to go to Nacodoches but his petition was denied because Juana
Maria Berbdn, with whom the said Chirinos had ilicit relations,
entering her mother-in-law's house surreptitiously and causing
other.scandals, was at°.los Aixs. .For this reason; on the.rec-
ommendation°of the reverend fathers.and with the consent ofl+v
her.//husband and parents-in-law,.the said husband and wife
were cliving; in los Aixs to prevent offending God and to ob-
tain peace by this means. He said, that when the said.Juana
Maria left for the said mission, her said departure was made
difficult because her parents-in-law and Acosta had changed
their minds.. The deponent said, that it.was he who had gorie
by order of His Lordship to give Chirinos the corder, not.to
go on that occasion but that he the deponent, did not know
whether he His Lordship, had denied him Chirinos license to
go, on other.occasions; and that he had just returned from
the said missions. He also said that it would be very wis_e
always to deny licenses to wild fellows because of their
loose ways. The deponent stated, that the Very Reverend_
Father Friar Joseph Calaorra had //had a.quarrel with the
said,Chirinos in thepresence of the deponent, and that Jo-
seph de Acosta, Juana Maria's uncle, had.tried.to kill the
said Chirinos at los Aixs Mission upon learning that he Chi-
rinos, washiding in the monte or vicinity of the said.mis-
sion waiting for night to satisfy his desires. The deponent
Csaid, that he knew this by public report, that this was all
he had to say on the subject, and that it was the truth under
the oath he had taken, which he again affirmed and ratified.
And he signed this with me, the said governor, as stated
above. I certify.
Signed: Marcos Ruiz
Barrios Rubric,
,Ru.bric,Attendant witness,:
Attendant witness,: Bernardo Zerbantes
Phelipe de Sierra Rubric,
Rubric,..
cA.D..S. in E., May 6., 1755, pp.
In the said royal presidio on the said day, month, and
year, I, the said governor, in order to continue this pro-5v
ceeding and because //the party, Andrds Chirinos, has referred
to Corporal .Antonio Gregorio Cordob6s, I summoned him Cordo-
b6s, before me. 11h.en he had appeared I administered to him
the oath, which he took in the name of our Lord God and a
sign of his holy cross, according to law, under penalty of
which he promised to tell the truth in so far as he knew andabout
might be questioned. When asked whether he knew/the skewbald
cow in controversy tand, whether it belonged to Andres Chiri-about
nos^,:he,replied that he did not know/such a cow neither.did;
he know;whether that cow or any other belonged to Andres Chi-
rinos, nor whether it belonged to Don Juan Antonio de Amors.in,
Ana,rhe said, that this was the trizth under the oath he:had;;
made.7..which he affirmed and ratified, and that las yenerales
de.la.ley did not apply to him with regard to either of the
par6ties, and.that he was fifty-two years old, more or less.
//And he did not sign because he said he could not on account
of his badsight. I signed this with my attendant witnesses
with whom I am actin.g., as stated above. I certify.
Signed:
Barrios
cRubric,
Attendant cwitness,: Attendant cwitness,:
Phelipe die, Sierra Bernardo Zerbantes
CRubr.ic, Rubric,
rA.D.S. in E., May 6, 1755, pp. 5-6,
10
In the said royal presidio on the eighth, I mean, the
seventh:of the.said month and year, because it was in the in-6v
terest.of the good administration of justice //to:continue.
judicially these proceedings, I, the said governor, summoned
before me Don Juan Antonio de Amorain, a vecino and resident
of , the same. When he had appeared, I administered to him, ,the
oath, which he took in the name of our Lord God and a sign of
his:holy cross, according to.law, under penalty of which he:
promised to tell the truth in so far as.he knew and might be
questioned. Whenasked what charge or verbal complaint and
against whom he had made before me on the third day of this
present month, he replied that in the month of September last
he had traded cows with Juan Tomds de Ojeda, who had given..
him a domesticated skewbald cow with the anchor brand used,
by the notary of San Antonio. Since the deponent knew nothing
about the said cow he asked Corporal Juan de Torres whether
he should make the said trade. The said Jorres, replied,
"Let Ojeda have the cow he wants for although your cow, has
a calf, it is wild and the one you are getting is gentle, de
eal." < In view of this the supplicant made the trade andwith
asked the said Torres to keep the said skewbald cow/the cat-
tie cused, for the subsistence of this presidio, which were
in his care. He Jorres, did so and after taking it to the
ranch where he was working he came to this presidio where he7
//lives. Having missed-it.tlater, the said Torres learned
that it was with the cows, of Joseph Antonio Pefla and asked
him,to take care of it, as both.the aforesaid Torres and Po-
fiawill.testify. And about two weeks ago, more,or less, the
said Juan de Torres went to see the deponent at his residence
and told him,."Your skewbald cow is at the fathers' ranch.r'
.xearing this news, the deponent went to see the very reverend
father.pres3.dent of these missions to inform him of this fact.
Whereupon the said.reverend father told him that if the..cow
belonged to the deponent, and JuandeTorres said that it did,
he should brand.it with his brand because he the father, did
not want any disturbances over a cow. Thus matters stood un-7v
til the arrival of the //said Chirinos from the missions,
where he had gone from.Nacogdoches and los Aixs. And since
he ^Chirinos, arrived on the second of this said month, on
the.third the deponent made the aforesaid complaint before
Your Lordship. And imm.ediately thereafter, in order to de-
termine what was right, you summoned Juan de Torres, who was
mentioned at that time as well as now by me the deponent,.
Your Lordship.also summoned the said Andr6s Chirinos to make.
his reply to the charge imputed against him from the.finding
of the deposition of Juan de Torres, who mentioned the said
Pefla as the deponent had done, in order that he should de-
pose whether or not the cow in controversy, was the same,
that was with his jefia's cows^. It so happened that at that
time the said Chirinos became insolent toward Your Zordship,
0
12
for which reason you imprisoned him in the stocks of this
royal pres8dio. And he said, that this was all that he knew
and had //to say about what happened on the said third day of
this month, that he had no more to say, and that everything
was true under penalty of the oath he had taken, which he
again affirmed and ratified. And he said, that,las enera-
lesde la ley did not apply to him and that he was seventy
years old, more or less. He signed this with me, the said
governor, and my attendant witnesses with whom I am acting,
as stated above. I certify.
Signed:
Barrios
rRubric,
Juan Antonio de Amorin
,Rubric,
Attendant witness,:
Attendant.twitness,: Bernardo Zerbantes
Phelipe d.e, Sierra Rubric,
eRubric,
A.D.S..in E., May 6, 1755, pp. 6-8,
13
0In the said royal presidio on the said day, month, and
year, I, the said governor, summoned before me Corporal Juan
de Torres, mentioned in the foregoing deposition. I adminis-
tered,to him the oath,which he took in the name of our.Lord
God and a sign of his holy cross, according to law, under8v
perialty of which he promised to tell the truth://in so far
as.'he.knew and might be questioned. When asked to tell wheth-
er it was true that I had summoned him before me on the third
day of this month and for what purpose, he replied that he
had been summoned, because of the complaint made by Sefior Mo-
rain about a skewbald cow that the said Morain bought from
Juan Tomds de Ojeda. Since the said Morain knew nothing
about it the cow, he asked for the opinion of the deponent,
who told him to let Ogeda have the cow with a new-born calf,he
that he wanted because the one/was offering was gentle de
Peal, Upon this recommendation the exchange was made and
the deponent was ordered to turn over to Ojeda the said cow
with a new-born calf and to take charge of the skewbald ^cow,.
And in proof of this Ehe said that, at the time of his depar-
ture.Ojeda sold the said cow with a new-born calf to Miguel
del Rio and the deponent took the skewbald ^cow, to the9
//ranch in his charge from where he came rhere, a.few days
later, and he asked Joseph Antonio Pefia to keep it with his
cows and make it,sleep in his corral to keep it from'straying,
as the said Pefia would testify. And about two weeks ago when
14
the deponent went to the ranch of the reverend fathers to see
and ask whether any of the stock in his charge was there, the
fathers' vaaueros told him that'there was only the stock, be-
,longing to their.reverences, And the deponent saw the said
skewbald cow and told Miguel de C6rdoba that that cow belonged
to Senor Morain. and to notify the fathers of this. And the
said Miguel replied that his master had given.it to the father,
president.because_he owed him one. In view of this reply and9v
in order to fulfill his obliga//tion to SePior Morain for hav-
.ing entrusted to his care the said skewbald cow and other
,cows, of his, he the deponent, went to tell him what had
. Yiappened. In view of this he CAmorin, made the afdresaid corm-
plaint and on the said third day the deponent was summoned
with Andr6s Chirinos. And after insulting the deponent,in
the presence of His Lordship, the said Chirinos also told the
senor governor that he knew well in advance that he would not
do justice to him, For this reason His Lordship ordered him
to be put in the stocks. And he said, that this was the
truth.urider the oath he had taken and he affirmed and rati-
fied that the said skewbald cow in controversy.belonged to
Sefior Morain and that it did not belong and never, had be-
longed to..Andr6s Chirinos. And he added that, what he has10
said was as true //as the fact, that from here he was going
to confession. He again ratified everything he had said,
He said, that las generales dela ley did not apply to him,
15
0and that he was fifty years old, more or. less. He did not
sign because he said he did not know how. I. the said gov-
ernor, signed with my attendant witnesses with whom I am
. acting_, as stated above. I certify.
Signed: Attendarit witness,:
Barrios Phelipe d.e, Sierra
ERubric, Rubric,
Attendant`.,witness,:
Bernardo Zerbantes
CRubrl.c,
A.D.S. in E. , May 6, 1755, Pp• 8-10,
16
On the ninth of the said month and year I, the said gov-
ernor, summoned before me Joseph Antonio Pefia, a soldier of
the garrison of this royal.presidio mentioned by Don Juan Ari-
tonio de Amorain and Juan de Tores sic,, who have deposed in
these proceedings. When he had appeared, I administered to
him the.oath, which he took in the name of our Lord God andlOv
a sign of his holy cross, according.to //law, under penalty
of which he promised to tell the truth in so far as he knew
and might be.questioned. When asked whether he.knew about..a
skewbald cow that Juan de Torres had entrusted to his care to
be kept with hisstock, he replied that prior to the month of
.October last, Juan de Torres asked him to keep.with his stock
a skewbald cow with an anchor brand because this cow had come
from the ranch that was in the care of the said Torres, and
the deponent kept it with.his cows until the month of March
of`this year' when it was cut and put with the cows, of Se-
flor Mora. On the day of the most holy cross, C the deporient,:
made a.verbal deposition to this effect to His Lordship. On
the afternoon of the same day he went to the ranch of the
reverend fathers and in the presence of the father president.11
His Lordship //ordered the deponent to go in the corral to
ascertain whether the skewbald cow that was there was the
same that Corporal Torres had entrusted to him. Upon exanin-
ing it he saw that it was the same.,cow, that he had been
keeping;with his stock for more than five months, and he
17
said, that this was the answer he gave at that time in the
presence of the said father presidentg and that he now made
the same reply, under penalty of.the oath he had taken,
which he affirmed and ratified. He said, that las genera-
1.es de la ley did not apply to him. This he gave for his
definitive answer. He did'not sign because he did not know
how. I, the said governor, signed as stated above. I certi-
fy.
Signed: Attendant witness,.
Barrios Phelipe d.e, Sierra
CRubric, rRubric,
Attendant Cwitness,:
Bernardo Zerbantes
cRu.bric,
cA.D,S. in E ., May 6, 17559 pA. 10-11,
is
On the said day, month, and year, I, the said governor,llv
summon//ed before me Antoriio Villarreal, a soldier of this
royal presidio, mentioned by Andrds Chirinos in his deposi-
tion. I administered to him the oath, which he took iD the
name of our Lord God and a sign of the holy cross, according
to.law,under penalty of which he promised to tell the truth
in°:so.far as he knew and might be questioned. When asked
whetherhe knew ab©ut a skewbald cow that was with the cows,
of the reverend fathers, what brand was on it, and to whom it
belonged, he replied that the skewbald cow belonged_ to Andrds
Chirinos, that it had the brand of Sefior Arocha, which.was in
the form of an anchor, that in the presence of the deponent,
A.ndrds Chirinos gave a part beaver hat from Nachitos to Juan
Tomds de Ojeda for it in the corral of Cordob6s, and that he
knewabout the other cow which also had the same, brand.,. and,12
//was skewbald but that it was lighter colored. And he said,
that he had made this same deposition on the third of this
present month, verbally, before His Lordship the selor govern-
or, and that everything he had.said was the truth under the
oath:he.had taken, which he again affirmed and ratified. And
,he said, that las ,generales de la leydid nP,t apply to him.
And he did not sign because he did not know how. I, the said
governor, signed with my attendant.witnesses, as stated above.
I certify.
Signed:
19
Barrios
,Rubric,
Attendant witness,:
Bernardo Zerbantes
,Rubric,
Attendant witness,:
Phelipe d.e, Sierra
CRubric,
,A.D.S. in E., May 6, 1755, PP• 11-12,.-.
20
On the tenth day of the said month and year in the saidAntonio
royal presidio, having been asked by Don Juan/de Amorin to
ascertain who had taken the skewbald cow in controversy and
had put it with the ^cows, of the reverend fathers, I, the12v
said governor, summoned before //me Miguel de C6rdoba, a ve-
cino of this royal presidio and a v,ijaugr of the reverend fa.-
ther missionaries. I administered to him the oath, which he
took in the name of our Lord God and a sign of his holy cross,
according to law, under penalty of which he promised to tell
the truth in so far as he knew and niight be questioned. When
asked which of his fellow vaaueros of the reverend fathers
had taken.the skewbald cow that was now at the said ranch^
where'it was found^ and what_brand it had, the deponent re-
plied that it_ was at Llano del Bafio with the cows. of Sefior
PhehiDe.: de Mor.a,,. that the deponent found it _ there , cut : it :.
and put it with the stock that had been brought from Belmudes
a f.ew,;:days previously, and.that the reverend father president13
had_:ordered him to cut it if //he found it, and had given
this same order. to another vaauero of the same ranchl Gasparl
from whom it had escaped on the previous day. He said, that
the said cow was branded with the brand of Sefior Arocha and
with a heart that was still fresh and was the brand used by
this mission, and that he caught the said cow about a month
ago,shortly after the ranch had been set up,the week before
the stock was brought from Belmudes.. The deponent said that,
21
0it had fallen in with the cows, of Sef9or Mora and the milch
,rcows, of the mission, that he did not know to whom it belonged
but that he believed it belonged to the reverend fathers, and
that the deponent had branded it in the corral of this mission.
And he said, that he had nothing else to say on the subject.
When asked by me, the said governor, by whose order he had13v
branded the said cow, he re//plied that he had branded it,
by order of hisstep-father, A.ndrds Chirinos, who told.him,
"Brand that cow for it belongs to the mission." And he said,
that this was the truth under the oath he had taken, which he
again affirmed and ratified and that notwithstanding his afore-
said relationship, he had not.failed to tell, the truth under
the oath he had taken. And he said, that he was eighteen
years old, more or less. And he did not sign because.he did
not know how. I, the said governor,. signed with my attendant
,witnesses, as stated above. I certify.
Signed: Attendant witness,:
Barrios Phelipe dce, Sierra
,Rubric, Rubric,
Attendant witness,s
Bernardo Zerbantes
,Rubric,
,A,:'D.S. in E., May 6, 1755, pp. 12-13v,
22
In the said royal presidio on the twenty-first of the.
said month of May, of the year one thousand seven hundred
fifty-five, I, the said governor, having been informed extra-1^-
judicially that Andrds Chirinos had attempted //to escape
from jail and.that to that end he spoke with some of the
other prisoners who were there., have-come here, to remedy
this situation and to make of record the intrinsic malice
of this depraved intention. Since he Chirinos, has not com-
mitted a crime deserving capital punishment, my only purpose
,is, to mortify him in order to restrain his audacity and to
make of him an example to the rest. And since we do not know
what motives he may have had for acting as he did, I summoned
before me Bisente Trexo, one of the prisoners, who probably
knows whether it was true or not that Chirinos tried to es-
cape,. When he had appeared, I administered to him the oath,
which he took in the name of our Lord God and a sign of his
holy cross, according to law, under penalty of which he prom-
ised to.tell the truth in so far as he knew'and might be14v
questioned. //When asked whether he knew Andres Chirinos,
whether he knew where he was and why, whether he Chiri-
nos, had tried to break prison, and, if he had spoken about
this tohim or to others, to tell on what day and to whom,
and what happened in connection with this affair, he re-
plied that he knew Andr6s Chirinos, who was imprisoned in
the guardhouse and in the stocks because of a cow which he
was said to have taken ;from Sefior Morain, that on the first
23
day of his imprisonment he Chirinos, talked with the depo-
nent about getting him out of-the stocks so he could get out
through a breach near the said stocks but that the deponent
refused to cooperate in order not to incur greater punishment.
And he said, that without any intention of takzng legal ac-
tion, he asked Corporal Francisco de la Serda to take him out15
so that he could, //tell the said corporal what the said An-
dres Chirinos had in mind. He told him this and ^also, that
Chirinos had made the same ,request, that.che made, of the de-
ponent of Don Manuel Antonio Losoia, a prisoner in the said
guardhouse' and that the said hosoia had also.refused to co-
operate.. By reason of this information, Corporal Serda placed
a guard over the said Chirinos and another hole was bored in
the stocks to make it more secure. And he said, that this
was the truth concerning all he knew on the subject under the
oath,he had taken, which he again ratified one, two, and three
times and as many times, as was necessary according to'law.
,He said, that las generales de la ;ey did not apply to him
and that he was twenty yel^v old,. more or less. And he signed
this with me, the said //governor and my attendant witnesses,
as stated above. I certify.
Signed:
Barrios
r.Rubric-,
Visente Trejo
,Rubric,
Attendant witness,:
24
Ph.e,lipe d,e, Sierra
,Rubric,
Attendant witness,:
Bernardo Zerbantes
,Rubric,
cA.D,S* in E. , MaY 6, 1755s pp• 13v-15v,
0In the said royal presidio on the said day, month, and
year, I, the said governor, summoned before me Corporal Fran-
cisco de la Serda, mentioned by Visente Trexo, the witness
who made the foregoing deposition. I administered to him the
oath, which he took in the name of our Lord God and a sign of
his holy cross, according to law' under penalty of which he.
promised to tell the truth in so far as he knew and might be
questioned. When asked whether he knew Andrds Chirinos,
whether he knew where he was and whyl and if he knew whether
he had tried to break jail, from whom he learned this and16
what happened, he replied that //he knew Andrds Chirinos, who
was imprisoned in the principal stocks of this plaza because
of the impudence with which he spoke to His Zordship, the se-
Plor governor, because he had been summoned for the purpose of
deciding whether a cow belonged to him Chirinos, or to Seftor
Morain, that on the first day of his i:nprisonment about six
in the evening Vicente Trexo called the deponent, who was
serving as corporal for the said guard, and asked him to.
take:him out for a necessary proceeding. When he.had taken
him.out of the stocks for this purpose, the aforesaid Vicente
said, on_ the way, "Be careful.,. Chirinos ,wants . to escape..'..' .,, :.
Whereupon the deponent went in to inspect the said stocks
and.found a stone between two of the boards to prevent their16v
being secured and to enable one to es//cape more easily there-
from. Having made this inspection, he placed a guard over
26
•the said Chirinos and made another hole in the stocks, and
that night, for greater security, he tied him Chirinos,
with a reata. And he said, that prior to this Don Manuel
Antonio Losoia, who was imprisoned in the said guardhouse,,
had told the guard to be careful, without giving any reason^
but as soon as the aforesaid Visente went out he Losoya,.
told the deponent the Creason,, and that this was.-the only
rumor he had heard since.he had been.there on guard. And
he said, that this was the truth under the oath he had
taken, which he affirmed and rat'ified.one, two, and three
times, and as many,tirnes, as was necessary according to law;
and that although he was related to the said Chirinos, he17
preferred to adhere, to the //truth and khis, oath, and
that he was forty-eight years old, more or less. And he did
not sign because he did not know how, I, the said governor,
signed with my attendant witnesses, as stated above. I cer-
tify.
Signed: Attendant witness,:
Barrios Phelipe d,e, Sierra
,Rubric, Rubric,
Attendant witness, :
Bernardo Zerbantes
,Rubric,
.A.D.S. in. E. ? May 6, 1755, pp. 15v-17.
0Immediately thereafter, I, the said governor, summoned
before me Don Manuel Antonio Losoia, a witness, I mean, men-
tioned in the two foregoing proceedings. I administered to
him the oath, which he took in the name of our Lord God and
a sign of his holy cross, according to law, under penalty of
which he.promised to tell the truth in so far as he knew and
might be questioned. When asked whether he knew Andrds Chiri-lw
nos, whether he knew //where he was and why,-and whether he
had heard that he had tried to escape from prison, and from
whom he had heard it or learned of it, he replied that he knew
the said Chirinos, and that he was imprisoned in the stocks
because when he was summoned for the purpose of deciding the
question of a cow that Lieutenant Morain claimed was his, he
,,Chirinos, had told the sefSor.governor that he knew well in
advance that he would not do him justice. He said, that
about six in the evening or hour for the rosary on the first
day of his imprisonment the said Chirinos asked the deponent
whether he wou.ld shield him so he could escape that night.
The deponent did not agree to this but, on the contrary, he18
told the guard to,//be careful and he informed Corporal Fran-
cisco de la Serda, who.was on guard at that time, of all that
was going.on. Because of this news the said corporal put the
said Chirinos under guard and bored'another hole in the stocks,
and tied him c.Chirinos, with a"reata. And he said, that this
was the truth concerning all he knew on the subject under the
28
oath he had taken, which he again affirmed and ratified one,
two, and three times and as many times, as was necessary ac-
cording to law, that las generales de la ley did not apply to
.him' and that he was fifty-five years old. And he signed this
with me, the said governor, and with my attendant witnesses18V
with whom I am acting //as stated above. I certify.
Signed:
Barrios
rRubric,
0Manuel Ant. Losoya
.Rubric,
Attendant witness,:.'
Phelipe de Sierra
Rubric,
Attendant cwitness,:.
Bernardo Zerbantes
,Rubric,
.A.D.S. in E., May 6, 17557 pp. 17-18v,
29
i. Immediately thereafter I, the said.governor, went to the
guardhouse of this royal presidio where Andrds Chirinos is a
prisoner. I summoned him before me and when he had appeared
I administered to him the oath, which he took in the name of
our hord God and a sign of his holy cross, according to law,
under penalty of which he.promised to tell the truth in so
far as he knew and might be questioned. When asked whether
he knew the serious penalties incurred by one who escapes or19
breaks prison, and what motive //or reason made him think of
such a thing; if he knew whether his crime was one, of the
most serious crimes, and whether by reason of the =crime,
for which he was under arrest capital punishment or exile and
confiscation of property could be imposed upon him, he replied
he replied sic, that he had not attempted to escape from pris-
on. When challenged in the presence of Losoia and Bisente Tre-
xo, and also Corporal Francisco de la Serda, who swore in his
,Chirino's, presence that what they had deposed was true, he
said that ,he wanted, to learn whom he could,. trust and to
fiscation of.property for.the crime for which he was impris-
become acquainted with the individuals, and that if he had'
wanted to desert he could have done so notwithstanding his
guard and the security of the stocks. When asked what means
would he have used for his escapel he replied that he could
have contrived the means. And he said, that he did not know19v
whether he could in//cur capital punishment, exile, or con-
30
oned, and that after he learned that the sefior governor knew
about his attempt to escape, he told the above-named ^men,
that he had done this as a joke. This he gave for his answer
under penalty of the oath he had taken, which he again con-
firmed and ratified one, two, and three times, and as many
Ctimes, as was necessary according to law. ,He said, that
he was thirty-two years.old, more or less. And he did not
sign because he did not know how, and at his request and for
the greater.verification of this act' Visente Trexo signed
this in his presence with me, the said governor, and my at-
tendant rwitnesses' with whom I am acting, as 'uez reeentor
in the absence of a notary for there is none within the lim-20
its prescribed by law. //I certify.
And the deponent said, that two days after he rChirinos,
confided in Bisente Trexo, he cChirinos, told him the depo-
nent, that what he had said chad been said, as a joke. And
he the deponent, asked that this statement be written down
.as an official act, and I am so doing with regard to this,
as well as the rest of his statement,. I certify.
Signed: °
Barrios
cRubric,
At the request of Andr6s Chirinos:
Visente Trejo
Rubric,
31
0Attendant witnessAttendant witness,:
Phelipe d,e, Sierra Bernardo Zerbantes
Rubric, Rubric,
.A,`D,S. in B., May 6, 1755, pp. 18v-20,
32
In the royal presidio of Nuestra SePlora del Pilar de los
Adaes on the twenty-eighth day of the month of May of the said
year, in view of the foregoing proceedings, and of the fact
that the findings of the same prove, although not fully, that
the cow belongs to Don Juan Antonio Morain, and rin view of
the fact, that the wife of the said Chirinos has offered, on:
his behalf, to turn it the cow, over to the said Morain and,20v
has done //this voluntarily and without compulsion, I, the
said governor, should therefore order and did order that the
said skewbald cow be turned over to Don Juan Antonio Amorain
or to whomever he may designate; that the said Andr6s be
warned to speak with more respect to the judges of His Majesty
and that if he s-hould again incur. in the same offense he shall
be tried for this cause as well as for whatever he may do
hereinafter with regard to this matter. He shall incur the
penalty for both offenses because in the present instance
the penalty, has been deferred by virtue of the indemnity
he has promised and because I have deferred the costs due me
for the proceedings held and for the paper in view of his hav-
ing been punished by imprisonment, and.in honor of the cele-21
bration of Corpus Christi. //However, if he should commit
another offense, the said court costs shall be exhibited from
the property that the said Andrds Chirinos may own. In order
that this may be duly executed, the parties shall be notified
thereof. Thus did I decree, order' and sign this with my at-.
33
tendant witnesses, as stated above. I certify.
Signed: Attendant witness,:
M. Jacinto de Barrios Ph,e,lipe d.e, Si,e,rra
y Jduregui rRubric,
rRubric,Attendant.,witness,:
Bernardo Zerbantes
Rubric,
A,D.S.. in E., May 6' 17557 pp. 20-21.
34
Immediately thereafter, I, the said governor, notified
Don Juan Antonio Morain and Andrds Chirinos of the decision
reached in my foregoing decree, to which they both agreed
saying that each would obey the part that affected him. And
Andrds Chirinos said, that he agreed to obey, the decision
reached in the said foregoing decree and to the provision,
that if he should again incur the same.crine he should be.21v
prosecuted to the full force of the law, and that//he was aware
of the favor conferred upon him at this time. This they gave
for their answers and they signed it, Visente y Trexo ^sign-
ing, for Andrds Chirinos and Morain for himself, with me' the
said governor, and my attendant Cwitnesses,. I certify.
Signed: Juan Antonio de Amorin
M. Jacinto de Barrio y Jauregui .. cRubric,
r.Rubric,
For Andrds Chirinos:
Visente Trejo
Rubric,
Attendant witness,: Attendant witness,:
Marcos Ruiz Phelipe d.e, Sierra
,Rubric, rRubric,
cA.L?,S. in E., May 6, 1?557 pP. 21-21v,
35
23//rCross,
0
Don Juan Prieto, deputy governor of this royal presidio
of los Adaes' jurisdiction of the province of Tejas, &.
Whereas yesterday about eight in the morning, Andrds Chi-
rinos, a reformado soldier of this aforesaid presidio, was
taken by.my orders to.the guardhouse and was confined with a
pair of gri'!los and his head in the stocks for having spoken
to me, answered back, and threatened me publicly.in so haughty
and proud a tone that all -vrho were present were amazed at see-
ing and hearing the haughtinesslarrogance, and audacity with
which he violated the respect and esteem due to royal justice:
and since for the good administration of this rjustice, and
public vengeance it is advisable that he should not fail to
receive the punishment he deserves for such an act, in order
that he may hereafter serve as an example to others, there-
fore, in view of the foregoing I should order and I do hereby
order that we proceed.with the requisite sumaria for the pur-
pose of determining the most fitting rpunishment,. Thus did
I decree, order, and sign this on the eleventh day of the
month of June of this presentyear of one thousand seven hun-
dred sixty-two, before myself and my attendant witnesses' with
whom I am acting for the receptoria in the absence of a notary,
on this common paper because there is no other kind, in the
province. I certify.
Juan Prieto
,Rubric,
36
0Attendant witness,: Attendant witness,:
Pedro Posos Joseph Felis Ruiz
,Rubric, Rubric,
.A.D.S. in E., May 6, 1755, p. 23.
37
•Immediately thereafter, I, the said deputy governor9 for23v
the //execution of the order given by me in the foregoing de-
cree, summoned before me Juan de Mora, a vecino of this royal
presidio. In the presence of my attendant witnesses I adminis-
tered to him the oath, which he took in the name of our Lord
God and a sign of his holy cross,, according to law, under pen-
alty'of.which he.promised to tell the truth in so far as he
knew and might be questioned.. When asked about the contents'
of the decree which is at the beginning of this suit' he said
that everything stated therein was true because from the bal-
cony of the residence of His Honor the deputy gov.ernor, he
had seen and heard the haughtiness, pride and arrogance.with
which the said Chirinos spoke to and answered back His Honor
on the said balcony. At the`same time Chirinos, made loose
remarks and threats, going so far in his excesses that the
lieutenant of this company became irritated with his falla-
cious style and improper manner of speaking and made him leave
that place. When asked about the life, habits and conduct of
the said Chirinos, he replied that the aforesaid Chirinos,
during the twenty years that he has.known him, has been haugh-
ty and proud and extremely given to all vices, and that he was
so scandalous and caustic when he drank--and this was.his most.
constant and dominant vice,--that his tongue was no respecter
of rank or sex, and he had gone so far in his audacity that on
Corpus day while the very reverend father minister was cele-
. 38
0brating the holy sacrifice of the mass, he Chirinos, publicly
insulted him, ^using, such pernicious, indecent and scandalous
words that they cannot be written down. And he said, that all
he had said and deposed was the truth under the oath he had
taken, which he affirmed and ratified. He-said he was forty-
eight years old, more or less. And he signed this with me and
my attendant witnesses as stated above. I certify.
Juan Prieto Juan de Mora
Rubric, ^Rubric,
Attendant witness,:
Pedro Posos
,Rubric,
Attendant witness,:
Joseph Felis Ruiz
CRubric,
=A.D.S. in E. ,. May 6, 1755, pp. 23-23v,
39
!
24In the said //royal presidio on the said day, month, and
year, I, the said deputy governor, summoned before me Juan de
Thores, corporal of this company. In the presence of my attend-
ant witnesses, I administered to him the oath, which he took
in the name of our Lord God and a.sign of his holy cross, ac-
. cording to law, under penalty of which he promised to. tell
the truth in so far as he knew and might be questioned. When
asked about the contents of the decree that is at the begin-
ning of this suit, he said that everything stated therein was
.true because from the entrance of the church he.had seen and
heard the`pride, haughtiness, and arrogance with which the
said Chirinos ssaoke and replied to His Honoron the balcony of
his residence. At the same time Chirinos, made loose remarks
and threats, going so far in his excesses that the lieutenant
of this eompany, irritated by his improper manner of speaking,
made him leave that place. When asked about the life, habits,
and conduct of the aforesaid Chirinos, he replied that the said
Chirinos, whom he had known for about twenty years, had always
been haughty and proud and extremely given to all vices, and
that he wasso scandalous and caustic when he drank--and this
was his most constant.,vice,--that his tongue was no respecter
of rank or sex, and that although for this reason he had been
punished by the Seflores Governors Don Jacinto de Barrios, and^
Don Angel de Martos y Navarrete, he had not reformed, and he
had gone so far in his audacity that on Corpus day while the
40
0very reverend father minister was.celebrating the holy sacri-
fice of the mass, he rChirinos, publicly insulted him from
the said entrance of the said church, ^using, such indecent,
scandalous, and pernicious words that they cannot be written
down. He said, that everything he had said and deposed was,
the truth under the oath he had taken, which he affirmed and
ratified. He deposed he was fifty years old, more or less.
He did not sign because he said he did not know how. I signed
this with my attendant witnesses as stated above. I certify.
Juan Prieto
rRubric,
Attendant witness,: Attendant witness,:
Pedro Posos Joseph Felis Ruiz
^Rubric, rRubric,
{A.D.S. in E., May 6, 1755, pp. 23v-24.
41
0
24vIn //the said royal presidio on the said day, month, and
year, I, the said deputy governor, summoned before me Joacr3n
Cadena, a soldier of this company. In the presence of my at-
tendant witnesses I administered to him the oath, which he
took in the name of our Lord God and a sign of the holy cross,
according to law, under penalty of which he promised to tell
.the truth in so far as he knew and might be questioned. When
asked about the.contents of the.decree that is at the begin-
ning of this suit, he said that everythingstated therein was
true because from the balcony of the residence of His Honor
hehad heard.and seen the arrogance, haughtiness and pride with
which the.said Chirinos spoke and replied to His Honor on.the
said balcony. At the same time Chirinos made loose remarks
and threats, going so far in his excesses that the lieutenant
of this company, irritated by his improper manner of speaking
made.hi.m leave that place. When asked about the life, habits
and.condiact of the said Chirinos, he replied that the afore-
said Chirinos, whom he had known for about three years, had
always been haughty and proud and extremely given to all vices,
and that he was so scandalous and caustic when'he drank--and
this was his most dominant vice,--that his tongue was no re-
specter of rank or sex, and that although for this reason he
had been punished by the present Senor Governor pon Angel Mar-
tos y Navarrete, he had not reformed, and on Corpus day while
the 'very reverend father minister was celebrating the holy
42
sacrifice of the mass, he Chirinos, publicly insulted him
from the entrance of the church, ^using, such pernicious, in-
decent and scandalous words that they carnnot be written down.
He said, that everything he had said and deposed was the
truth under the oath he had taken, which he affirmed and rat-
ified. He deposed he was twenty-five years old, more or less.
.He did not sign because he said he did not know how. I, the
said deputy governor., signed:with my attendant witnesses as
stated above. I certify.
Juan Prieto
r.Rubric,
Attendant witness,: Attendant witness,:
Pedro Posos Joseph Felis Ruiz
cRubr7.c R'la.bric,
^A.D.S. in E., May 6, 1755, pp. 24-21+v3,
43
25In //this royal presidio of Nuestra Sefiora del Pilar de
los Adaes on the twelfth day of the month of June of this
present year of one thousand seven hundred sixty-two, I, the
said deputy governor, in order to continue the sumaria that
is being held by the office of royal justice against Andres
Chirinos, summoned before me Ygnasio Zepeda, a reformado sol-
dier of this royal presidio and at present a vecino of the
same. In the presence of my attendant witnesses, I adminis-
tered to him the oath, which he took in.the name of our Lord
God and a sign of his holy cross, under penalty of which he
promised to tell the truth in so far as he knew.and might be.
questioned. When asked about the contents of..the decree that
is at the beginning of this suit, he said that everything
stated therein was true because from the balcony of.the resi-
dence of His Honor he had seen and heard the haughtiness,
pride, and arrogance with which the said Chirinos spoke and
replied.to His Honor on the balcony of the said residence.
At the same time Chirinos, made loose remarks and threats,
going so far in his excesses that the lieutenant of this com-
pany, irritated with his fallacious style and. im.proper manner
of speaking, made him leave that place. When asked about the
life, habits, and conduct of the said_Chirinos' he replied
that the aforesaid Chirinos, whom he had knotan for more than
twenty.years, had always been haughty and proud and extremely
given to all vices, and that he was so scandalous and caustic
44
when he drank--and this was his most dominant vice,--that his
tongue was no respecter of rank or sex, and that althotigh for
this reason he had been punished by the Sefiores Governors Don
Jacinto de Barrios and Don Angel de Martos y Navarrete, he had
not refor.med,,and he had gone so far in his audacity that on
Corpus day while the very reverend father minister was cele-
brating the holy sacrifice of'the mass, he.,Chirinos, publicly
insulted him from the entrance of the church, using, such.
.pernicious, indecent, and scandalous.words that theycannot
be written down. He.said, that everything he had said and25v
deposed was the truth vxider the /;oath he had taKeng which he
affirmed and ratified. He deposed that he was'forty-seven
years old, more or less. And he signed this with me and my
attendant witnesses, with whom I am acting for the receptoria,
according to law. I certify.
Juan Prieto Ygnasio de Zepeda
.Rubric, Rubric,
Attendant witness,:
Pedro Posos
,Rubric,
Attendant witness,:
Joseph Felis Ruiz
,Rubric,
.A.D.S. in E. ,May 6, 1755, pp. 24v-25v,
45
0In the said royal presidio on the said day, month, and
year, I, the said deputy governor, summoned before me Don Mar-
cos Ruiz, lieutenant of this company. In the presence of my
attendant witnesses, I administered to him the oath, which he
took in the name of our Lord God and a sign of his holy cross,
under penalty of which he promised to tell the truth in.so far
as he knew and might be questioned. When asked about the con-
tents of the decree that is at the beginning of this suit, he
said that everything stated therein was true because from the
balcony of the residence of His Honor, he had seen and heardand
the haughtiness and pride with which the said Chirinosspoke/
replied to His Honor on the said balcony. At the same time
,Chirinos, made loose remarks and threats, going so far in
his excesses that, irritated by his impetuous style and im-
proper manner of talking, the deponent made him leave that
place. When asked about the life, habits and conduct of the
said Chirinos, he replied that the aforesaid Chirinos, whom
he had known for.about twenty years, more or less, had always
been haughty and proud and extremely given to all vices, that
he was so.scandalous and caustic`when he drank--and this was26
his most dominant vice,--//that his tongue was no respecter
of rank or sex, and that although because of this he had been
punished by SePiores Don Jacinto de Barrios and Don Angel de
Martos y Navarrete, he had not reformed, and that he rthe de-
ponent, knew because he had heard.it, that he rChirinos, had
46
gone so far in his audacity that on Corpus day from the en-
trance of the church ^using, such pernicious, indecent and
scandalous words that they cannot be t=rritten down, he publicly
insulted the very reverend father minister. And he said,
that everything he had said and deposed was the truth under
the oath he had taken, which he affirmed and ratified. He
deposed he wassixty-two years old, more or less. And he
signed this.with me and my attendant witnesses, as stated
above. I certify.
Juan Prieto Marcos Ruiz
tRubric, rRubric,
Attendant witness,: Attendant witness,:,
Pedro Posos Joseph Felis Ruiz
cRubric, eRubric,
cA.D.S. in E.9 May 6, 17755, pp. 25v-26,
47
In the said royal presidio on the said day, month, and
year, I, the said deputy governor, having seen this sumaria
and the findings of the same against Andr6s Chirinosl should
order and do hereby order that it be annexed to the rsumaria,
which in May of one thousand, seven hundred fifty-five was
completed against him in twenty-one valid folios by Lieutenant
Colonel of Cavalry Don Jazinto de Barrios y Jd-u.regui, former
governor and captain general of this above-said province of
Texas, in order that in view of all the proceed'ings., the
present governor of the same, Don Angel de Marthos y Navarre-
te, may decide upon returning from his visita--which I under-
stand will be very soon--whatever he considers in the best
interest of the good administration of justice. For this
purpose the above-said Chirinos will remain as at present a
prisoner in the guardhouse. Thus did I decree, order and26v
sign this with //my above-said attendant witnesses, as stated
above. I certify.
Juan Prieto
.Rubric,
Attendant witness,: Attendant witness,:
Joseph Feliz Ruiz Pedro Posos
.Rubric, Rubric,
,D.S. in E., May 6, 1755, pp. 26-26v,
48
In the royal presidio of Nuestra Sefiora del Pilar de los
Adaes on.the twentieth day of the month of January of this year
of one thousand seven hundred sixty-three 9 I7 Don Angel de Mar-
tos y Navarrete, lieutenant colonel in the royal armies7 gov-
ernor, and captain general by order of His Majesty (may God
keep him) of this province of Tejas, New Philippines., its pre-
sidios, conversions, and frontiers,.have examined with all the
attention required and necessary these two sumarias, the first
,of which, was executed by my predecessor, Don Jazinto de Ba-
rrios y Jduregui, and the other by my deputy governor, Don
Juan Prieto. The findings of these sumarias, are that Ab.dres
Chirinos, the defendant, deserves severe exemplary punishment
for having failed to refrain from his improper conduct although
he had been justly admonished so many times in writing and by
word of mouth by me as well as by my predecessors to correct
the same and although I had forbidden him to'reside or appear
in the above-said presidio. This measure was enacted because
of the ineffectiveness of the other.,measures enacted; in order
to prevent his scandalous drunkenness and his public and ilicit
relations with Maria Padilla, which had caused her husband to
present before.me on several occasions his pertinent complaints.27
Notwithstanding all the foregoing I suspended the //pronounce-.
ment of the punishment, he deserved because he had i.mplored
for the benefit of the royal indulto issued by His Majesty on
the occasion of his elevation to the throne and published in
49
this presidio on the twenty-second day of the past month. I
consequently ordered the release of the aforesaid Chirinos on
condition, however, that if he should again be found guilty
of having committed any of the excesses recorded in these pro-
ceedings, or if he should violate my aforesaid order to him
to the effect that he shall not dare to enter this presidio
without licer_se from me, he shall.be liable to the penalty
that may be pronounced against him by reason of this volume
of proceedings, which shall be kept in this captaincy gener-
al for this purpose. When the said Chirinos was released by
virtue of my said decision, he appeared before me, and the
contents of the said decision were made known to him for his
information. In witness whereof, I signed this with my at-
tendant witnesses with whom I am acting in the absence of a
notary, and on this common paper because there is no other
,kind,. I certify.
Signed:nD. Angel de Martos y Navarrete
,Rubric,
Attendant ^witness,: Attendant witness,:co 0
Fran. Ant. Solis Josephe Zepeda
,Rubric, . .Rubric,
.D.S. in E., May 6, 17551 pp. 26v-2
50
0
In the said royal presidio on the twenty-ninth day of
the month of December of this year of one thousand seven hun-
dred sixty-five, after Andrds Chirinos had been brought under
arrest in grillos, from the place called el Lovanillo to this
presidio on the night of the twenty-fourth of the said month,
by my orders, because I had learned that he was coming here
although he had been forbidden to do, so, I, the said gov-27v
ernor, ordered //that in view of this offense and violation
of the respect due to royal justice, he should be taken to
the guardhouse of the said presidio, where he shall remain
until the proceedings t against, him shall have been examined
and a decision shall have been reached. In order that this
might be of record it was written as an official act, which
I.signed with my attendant witnesses. I certify.
Signed:n ,
D. Angel de Martos y Navarrete
=Rubric,
Attendant witness,: Attendant witness,:co 0
Fran. Ant. Solis Thomds Cant-dn
,Rubric, Rubric,
D.S.cin E., May 6, 1755, PP• 27-27v..
51
29//.Cross,
0
Philippines by order of the king our lord, may God keep hi
the following petition was presented:
In the royal presidio of Nuestra Sefiora del Pilar de los
Adais, on the second day of the month of July of this year of
one thousand seven hundred sixty-six9.before me, Don Angel de
Martos y Navarrete, lieutenant colonel in.the royal armies,
governor and captain general of this province of Tejas, New
SePior Governor and Captain General
I, Antonio Gil Ybarvo, a vecino of this royal
presidio of Nuestra Seflor,a, del Pilar de los Adais,
appear before Your Lordship in the best manner accord-
ing to law and in my own interest to state that by
virtue of my just and verbal petition, because it was
publicly known that my wife and I were living in a
constant state of vexation, anxiety' and discord on
account of Andrds Chirinos, who was then living in
this above-said presidio, it pleased Your Lordship
to,exile him telling him that if he returned without
your license he would be severely punished. The said
Chirinos did this very thing coming from the presidio
of la Baia del Espfritu Santo, at the time when Your
Lordship was holding your general visita there, to
this presidio, on the pretext that he was going to
settle at the presidio, of.San Agustin de Aumada.
52
0
He was arrested because of his arrogance and his :
customary excesses. He remained in this condition
until Your Lordship released him on your return from
your visita because he had availed himself of the
royal indulto that had been published in this pre-
sidio. For the second time you exiled him under
the condition stated above. Accordingly, he went
to the rest of the presidios, of this jurisdiction
spending some time in them, but finally, in viola-
tion of Your Lordship's estimable orders, he had
the audacity to return to this said presidio, where,
for this reason, he is now under arrest, And since29v
it is indispensably necessary that //he be perma-
nently located where he cannot indulge in, his
licentious excesses in order that by this means I
may be altogether freed from the above-said annoy-
ances and that I may live in due matrimonial tran-
quility, Your Lordship will please designate the
,location, that you may consider suitable for this
.purpose, or if my petition cannot be admitted
,please, grant me 'license to move with my family
from this presidio.. And, if possible, I ask and
beg Your Lordship to please grant my petition be-
cause it is just, and to admit this petition on the
present paper because there is no other rkind, in
53
this province. I swear that this is without malice
and whatever is necessary, etc.
0Antt. Gil Ybarvo
,Rubric,
A.D.S. in E., May 6, 1755, pp • 29-29v.
54
When I had seen the foregoing petition,, I admitted it
as presented on this common paper without detriment to the
Royal Treasury. In view thereof since it is necessary to
provide the remedy demanded by the excesses of Andrds Chiri-
nos, who because he violated my orders is under arrest in the
guardhouse of this above-said presidio, I therefore order
that it the foregoing petition, be annexed to.the proceed-
ings against him that are in this captaincy general. Thus
did I decree, order, and sign this with my attendant wit-
nesses. I certify.
Signed:nD. Angel de Martos y.Navarrete
eRubric,
Attendant witness,: Attendant witness,:co 0
Fran. Ant. Solis Juan Durdn
,Ru.bric, Rubric-,
.D.S. in E., May 6, 1755, p. 29v, .
55
In the royal presidio of Nuestra Sefiora del Pilar de los
Adaes, on the twelfth day of the month of July of this present
year of one thousand seven hundred sixty-six, having examined
these proceedings and in view of the findings thereof, I, Don.30
//Angel de Martos.y Navarrete, lieutenant colonel.in the royal
armies, governor and captain general by order. of the king our
lord (may God keep him) of this province of Texas, New Philip-
pines, its.presidios, conversions, and frontiers9 render the
verdict that Andrds Chirino's, the defendant, shall serve His
MaJesty at El Morro in the. city of. Havana for a period of four
years, on a subsistence, ration and without salary during the
time that I have sentenced him in His CMajesty's, royal name.
In view of the foregoing, in order that this my sentence may
be promptly and duly executed, I order that after the above-
said Chirinos shall have been informed of this sentence,, he,
under adequate guard, and with the requisite copy of the said
,sentence,, shall be taken to New Orleans in order that from
there he may proceed in the same manner to his destination
at the earliest opportunity. Upon his arrival the contents
of the said,sentence, shall be executed. Thus did I pronounce
csentence,, order, and sign this with my attendant witnesses,
that I am using in the absence of.a public notary or royal
cnotary, and on this common paper because there is.no other
ckind, in this province. I certify.,.
Signed:
56
n ,D. Angel de Martos y Navarrete
.Rubric,
Attendant witness,: Attendant witness,:co 0
Fran. Ant. Solis Juan Duran
rRubric, r.Rubric,
,D.S. in E., May 6, 1755, pP• 29v-30.
5 °7
In the said royal presidio on the said day, month, and
year, before me, the said governor, in the guardhouse of the
same, the foregoing sentence was made known to Andrds Chiri-
nos who was therein. He said that he heard it. In order
that this might be of record I ordered it written down as an30v
official actl which I signed with //my undersigned attendant
.witnesses as stated above. I certify.
Signed:n ,D. Angel de Martos y Navarrete
CRubric,
Attendant witness,: Attendant witness,:co 0
Fran. Ant. 5oiis
.Rubric,
Juan Durdn
,Rubric,
D.S.cin E., May 6, 1755, I?P. 30-30v,
58
In the royal presidio of Nuestra Seflora del Pilar de los
Adaes, on the twenty-sixth day of the month of July of this
year of one thousand seven hundred sixty-six, I, Don Angel de
Martos y Navarrete, lieutenant colonel in the royal armies,
governor and captain general of this province of Texas, New
Philippines, by order of the king our lord, may God keep him,
have been informed by the commandant of.the presidio of Nachi-
tos in his letter of the twenty-fourth of the aforesaid month,
--which letter, I ordered annexed to these proceedings for
whatever purpose it may be needed--that Andrds Chirinos, the
defendant, who had been sent in grillos to New Orleans, whence
he was to proceed to his destination, had escaped and had
taken refuge in the residence of Don Luis de San Deni rsic,
Upon receipt of the said letter, I ordered the lieutenant
pro tempore of this company, Don Joseph Gonzales, to go get
him. He Gonzdlez, set out immediately with two soldiers but
was unable to execute his orders because the.said Don Luis
replied that on the morning of the twenty-second of the afore-
said month, the said Chirinos had disappeared. Consequently
I should order and,I do order the.execution of the proceed-
ings, necessary not only for requesting the extradition, of
his person but also.for informing the vecinos and sold3.ers of
this above-said presidio that anyone who shall protect or31
shelter the above-said Chirinos in any //manner whatever or
any one who, knowing of his whereabouts, shall fail to denounce
59
him immediately upon seeing him shall for this infraction ir-
remissibly suffer not only the penalty deemed suitable but also
the penalty, of being forever exiled from this above-said prov-
ince. Thus did I decree, order, and sign this with the said
lieutenant and my attendant witnesses whom I am using in the
absence of a notary and on this common paper because there is
no other Ekind,. I certify.
Signed:n ,
D. Angel de Martos y,Navarrete Jos,e,ph Gos.,Gonzdlez,
cRubric, Rubric,
Attendant wi.tness,: Attendant witness,:co 0
Fran. Ant. Solis Juan Durdn
rRubric, Rubric,
O.S. in E., May 6, 1755, pp, 30v-31,
60
0
In the said royal presidio on the twenty-eighth day of.
the aforesaid month and year3 because the foregoing decree
was published, in the usual place, namely the guardhouse of
the.said presidio in the presence of the vecinos and the sol-
diers, I, the said governor, in order that this might be of
recor4.hadit1written down as an official act, which I
signed with the above-said witnesses as stated above. I cer-
tify.
Signed:n
D. Angel de Martos y Navarrete
,Rubric,
0
Attendant witness,: Attendant witness,:co 0
Fran. Ant. Solis Juan Durdn
Rubric, Rubric,
ED,S..in E., May 6, 1755, P. 31,
61
32//Natchitos, July 24, 1766
Monsieur Don Angel de Martos
Monsieur :IMonsieur Don Louis has informed me that the said Chiri-
nos has arrived.at his residence where he wishes to remain
and has asked.for lodgings. Monsieur Louis did not consider
it right to receive him without notifying me. In order that
you may execute your proceedings, I am sending you, Monsieur,
passports for three men in case you should wish to send two
men to escort ,h:im because, as I have informed you, I cannot
provide any from my garrison. He Chirinos, has assuredly
not broken his bonds and he will be returned to the villa,
Meanwhile I have taken every conceivable precaution to pre-
vent his escape. I have the honor of being, Monsieur, with
esteem and.regard
Your most humble and obedient servantq
Lapuill6
Rubric,
,A.L.S. in E., May 6, 1755, P. 32^
,Addressed, : Monsieur
Monsieur Don Angel Martos de Navarret,
lieutenant colonel, captain general, and
62
governor of the province of Texas at los
Adayes.
40
63
33//.Cross,
In the royal presidio of Nuestra SeYlora, del Pilar de
los Adaes' jurisdiction of Texas, on the twelfth day of the
month of May of this year of one thousand seven hundred sixty-
eight, before me, Don Hugo O'Conor, a knight of the Order of
Calatrava, sergeant Major of the independent governing body
of the order, in America, and governor pro tempore of this
aforesaid province of Texas^ the following petition was pre-
sented:
Sefior Governor Don Hugo 0'Conor:
I, Andrds Chirinos, a vecino of this royal pre-
sidio of Nuestra Seftora del Pilar de los Adaes, with
the greatest humility appear before Your Lordship in
the best manner according to law and in my own inter-
.est, without confusing the issue, or violating any
of the laws in my favor, to state:
That the original drafts of the causes executed
by Don Juan Prieto, deputy governor, and by Don An-
gel de Martos7 the governor who preceded Your Lord-
ship, are in the archive of this said presidio of
Vexar. In consequence of the odious and pernicious
charges against my person contained in these causes
and because of my arrest, I have suffered notable
injuries, damages, and losses. During my imprison-
64
0ment, witnesses were examined without the requisite
ratifications. In this manner, the said sefiores
judges decided to sentence me to perpetual exile in
El Morro at Havana without notifying me of the
charges imputed against me,without, allowing me to
examine the proceedings or permitting me to defend
myself in any way, but merely by resorting arbitrar-
ily to their authority. Irrevocably, the.said se-
fiores sent me to the aforesaid Morro. And fearing
lest I might make an appeal if we passed through
the dominions of our Catholic King, they deliber-33v
ately chose to send me by way of the presidio //of
Nachitos and the villa of Orleans through, terri-
tories belonging to the Most Christian King.
Realizing the wicked and impious intentions of
both judges and the depraved malice of Don Manuel
de Soto Vermudes, the plaintiff of the said causes,
I.cunningly and furtively managed to get away from
the guards who had been appointed for my custody
and transportation. I left them not because I rec-
ognized my guilt and was afraid but in order to
make the appeal that I am now making in due form.
In view of the foregoing, because of your be-
nignity and justice, I beg Your Lordship to please
order that a copy of the said proceedings be given
65
to me in order that I may use them to make represen-
tation before competent judges, of the information
that I shall provide in the interest of my rights.
In view of all the foregoing, I ask and beg Your
hordship to please order that my petition be granted
because it is just. I implore for justice, in or-
der that I may be benefited and receive mercy.
Moreoverg J ask, that this my petition.be ad-
mitted on the present common paper because there is
no stamped ^paper, in this jurisd.iction. I swear
in due form I am not prompted by malice, I protest,
costs and whatever is necessary, etc.
Andrds Chirinos
.Ru:bric,
A.D.S.cin E., May 6, 1755, pp. 33-33v.
66
When I had seen the foregoing petition,,I admitted it
as presented on this common paper without detriment to the
Royal Treasury. And since it is necessary to give the party34
a hearing in order to be able //to decide what is right ac-
cording to law, I should.order and I do order that a copy of.
the proceedings be given.to him on condition that he shall
return them without fail within the period of six days. Thus
did I decree,.order, and sign this, acting before myself with
my.attendant,.witnesses in the absence of a notary and on this
common paper because there is no other. kind,, I certify.
Signed:
Hugo 0'Conor
cRubric,
Attendant cwitness,: Attendant cwitness,:co
Fran.' Teodoro de Abila Carlos Ygnacio de Vraga.
,Rubric, . ,Rubric,
A.D.S.cin E., May 6, 1755, pp. 33v-34.
67
On the said day, month, and year, in view of what I have
ordered in the foregoing decree, I, the said governor, had
the proceedings for which Andrds Chirinos has petitioned de-
livered to him since he has given in this my court of justice
the necessary security for returning them within the period of
six days as has been provided. In order that this may be of
record I am writing it down as an official act, which I signed
with my attendant witnesses as stated above. I certify.
Interlined: days--Valid.
Signed:
Hugo 0' Conor
ERubric,
Attendant witness,: Attendant witness,:co ,
Fran. Teodoro de Abila Carlos Ygnacio de Vraga
.Rubric, Rubric,
,A.D,S. in E., May b, 1755, p. 34,.
68
35//.Cross,
In the royal presidio of Nuestra Senora del Pilar de los
Adaes, on the seventeenth day of the month of May of this year
of one thousand seven hundred sixty-eight, before me, Don Hugo
0'Conor,.a YAiight of the Order of Calatrava, Sergeant Major of
the independent governing body of America, governor pro tempore
of this province.of Texas, the following petition was presented:
Sefior Governor.Don Hugo 0'Conor;
I, Andrds Chirino, a vecino of this royal pre-
sidio of Nuestra Seftora del Pilar de los Adaes, ap-
pear before Your Lordship in the best manner accord-
ing to law and in my own interest to state that by
a decree of the twelfth of the present month, of
May of r17,681 because of your benignity and justice,
Your Lordship was pleased to order that a copy of
the proceedings inst'i.tuted against me by the Sefio-
res Governors, Don Xazinto de Barrios, Don Angu.el
^,sic, de Martos' and his deputy governor, Don Juan
Prieto, be given to me. Having read them and be-
come well informed of their pernicious contents
cso, detrimental to my person, I reply thereto by
saying that the cproceedings, executed by Sefior
Don Xazinto de Barrios should be declared invalid
because the said proceedings were held without my
69
having been informed--as I should have.been because
I was the defendant--of any substantial charges im-
puted against me.
The principal motive for instituting this suit
was a verbal complaint made before the said Sefior
Don Xazinto by Don Juan Morain who was attempting
to gainpossession of a skewbald cow belonging to
me. In order to prove his claim he presented as a35v
witness his //son-in-law, Juan de Torres, who in
turn, cited Joseph Antonio Pefia. By reason of their
depositions' the aforesaid sPior governor decided
to indict me for theft of, the said cow in order
to adjudicate it to the afore-said Amorain, Con-
sequently, I objected to the above-said superior
decision saying that I could not be indicted on
this charge without being permitted to present the
proof that I had offered in my defense by means of
the witnesses who were.and still, are PedroGrana-
dos and Antonio Villarreal. Irritated by this ob-
jection, the said sefior governor ordered my arrest
in the stocks and instituted against me the process
to which I am now replying. This Cprocess, was based
on a conglomeration of very venial circumstances,
which were made to appear execrable by the implora-
tions of the witnesses who were, partial not only
70
to the afore-said Don Xazinto but also to the said
Almorain. This was done, in order that by this
means and by His Honor's authority the force of the
law might be brought to bear against me: and I was
made to feel it. The principal motive for.the above-
said seflor governor's rancorous conduct against me
was the economical injury that I was causing him by
soliciting ^license, to obtain deer skins--the same
Edeer skins, which he obtained by various means for
the purpose of carrying on his transactions with
the French at Nachitos, The said sePior cgovernor,,
did not take into account that my only purpose in
solicitingthis business was to support my family,
and not to get rich. I could not have done this
even if I had wanted to because of my poverty and
limited capital--but the afore-said sefior governor
was doing so by means of his large capital, and36
.by employing a squad of soldiers that //was under
the command of Sergeant Domingo del Rio and that
lived periodically among the barbarous nations for
the purpose of obtaining the large quantities of
skins that he the governor, needed for his ambi-
tious enterprises. Realizing that he could use in
his own, business the skins, that I was obtainingi
he endeavored to prevent my going to the Indian na-
71
0
tions by means of the stratagem of making such triv-
ialities as the incident of the cow and the other
aforesaid trivialities,,contained in the proceed-
ings held by the said sefior governor, sufficient mo-
tive for arresting me, hoping, that by this penalty
and the penalty, of taking the cow from my posses-
.sion, I would take warning and become afraid.to ask
him for license to.obtain any more skins. This was
the purpose for which these proceedings were insti-
tuted, and I annul them for the aforesaid reasons.
I beg Your Lordship to enact the measures that you
may consider advisable in order.that when.you shall
ascertain that I am right you may order that the
cow that was taken from me unjustly be returned to
me with whatever progeny it may have had during the
time that it should have been in my possession.
With reference to the proceedings, held by
Don Juan Prieto, deputy governor, which began the
eleventh day of the month of June, one thousand sev-
en hundred sixty-two, Iwish to, say that the said.
proceedings were instituted because I tried to col-
lect at Nachitos one hundred pesos that Don Manuel
Bermudez owed me. When he said that he did not owe
any such amount, I replied that if he did not pay I36v
would appear //before the Most Excellent Sefior Vice-
roy to make the necessary charges.. Whereupon he
72
•said that he would have me bound with a pair of
grillos and placed in the head stocks; and I asked
him if he thought he could do this because he was
in command of this province. The above-said Bermd-
dez carried out this threat, which, to my sorrow,
was executed literally upon'my arrival at this pre-
sidio. The said Berm-ddez sent.by Manuel el Campe-
chano to_DonJuan.Prieto, the deputy governor^ a
mandatory letterl.which was duly obeyed and exe-
cuted by the aforesaid deputy governor on the foi-
lowing day when I went to his house looking for
Lieutenant Don Marcos Ruiz to have him sign the
list that I had made of the horses that I had in
the horse herd in order that, with his signature,
I might be permitted to take them out. The said
Seflor Don Juan Prieto came out. When he learned
what I was asking of Don Marcos Ruiz, he replied
that my petition could not be granted. Whereupon
I told him to remember that.3 was poor and that if
he.did.not let me..have the horses.he would do me a
bad turn. When I.made this reply, he called.the
corporal of the guard and ordered him to confine
me with a pair of grillos and with my head in the
stocks. Whereupon I told him that I was not sur-
prised at this because it was exactly what Don Ma.-
•nuel had threatened to do to me the day before at
Nachitos,
These, sefior, are the false or exaggerated
charges of the threats,boidness^haughtiness,pride,
and arrogance imputed against me and recorded37
//zCross, in the original process instituted20
againstme, Although these proceedings con-
tain the.record of this ^my, imprisonment, the only
cause or motive given for it is that S failed to
show due respect to him the governor,_and that my
reply to him was arrogant and haughty. This was
declared.to be true', under solemn oath, by the wit-
nesses, whose,depositions were so studied that they
do. not vary by one word. All cthe witnesses, said
that they heard what they.deposed from the balcony
of the.house where it took place although the said
house has no balcony and none of them was present
except Don Marcos Ruiti,
These same witnesses, also testified unani-,
mously that my general deportment was detrimental
to the community not only because of my arrogance
and pride but also because I was addicted to all
the vices--of which drunkedness was the most con-
stant and excessive--for which reason I was rude
to everybody making,no exception of persons or sta-
74
0
tion. They proved this by means of a great act of
rudeness that they said I committed on Corpus day
at the entrance of the church during the celebra-
tion of the holy sacrifice of the mass.
With reference to these points, I beg Your Lord-
ship to please summon the deponents and the attendant
witnesses to appear before you, to ask the deponents37v
individually who the atten//dant witnesses, were,
,to ask, likewise the attendant witnesses, indivi-
dually to declare who the:deponents were, and to
,require, the latter to rectify what they have de-
posed against me in the same manner in which they
previously made their depositions, because I am
ready to falsify everything they have said.
One of the attendant witnesses in all these pro-
ceedings is Pedro Pozos, whom I repudiate because he
is biased and a domestic. After these ^proceedings,
were completed a report of their contents was made
to Sefior Don Anguel de Martos, who was at San Anto-
nio on his visita and who sent word to.Berm-ddez and.,
to Don Juan, his deputy, that they had ruined him
by arresting me. And when the sefior governor ar-
rived at this presidio, he again made this same ^re-
mark, to them--as I am ready to prove when necessary.
I believe the above- said sefior governor must
75
0
have said this because whenever he was absent from
this presidio, I was the agent by whom he sent all
the superior documents frorn.His Excellency, opened
or sealed, to the said Berm-ddez in order that, as
his director, he should determine and execute what-
ever he deemed advisable. When he had informed
himself of these docurnents, the said Berm-ddez sent
his reply with his opinion to the said sefior gov-
ernor. And what the said Berm-ddez decided, was
what was done in this province. While I was per-
forming the duty of transporting these documents,
replies, orders, and opinions of the said Berm'ddez,
I had no other tasks in the interest of the royal
service. Similarly, for two years or nearly that
long, I earned my salary from the king by doing
nothing but making lard for him in the monte among
the pagaIndians.38
//When the proceedings instituted against me
were presented to the aforesaid governor, he approved
them as is.of record in his decree in which the said
sefior governor stated that the severe punishment I
deserved had not been imposed because of the arrival
at this presidio of the.indulto that it had pleased
His Majesty (may God keep him) to grant to his vas-
sals be-cause of his exaltation as ruler of, the
76
Hispanic dominions. The said se:ftor governor stated
that he set me free for this reason, but he also
said that he sentenced me to exile from this presi-
dio. This is not of record in his decree nor was I
ever informed of the said penalty verbally or in
writing, and I am ready to prove the nullity of
this assertion. I left this presidio of my own
free will and not because of any order whatever
from the said seP3or. I did this because I was in
such a wretched condition in conseq,uence of my.im-
prisonments and also for fear lest the said sefior
governor shouldtunsheath his sword against me with
the severity I had already experienced.. I went to
Horcoquiza, where some documents for the Most Ex-
cellent Sefior Viceroy were delivered to me. I
transported them as carefully, promptly, and legal-
ly as was necessary and I did not return'with the
reply to_them because I fell seriously ill with ta-
bardillo, After my convalescence I did return to
San Antonio, whence, upon learning that Your Lord-
ship was coming to this presidio, I came here,
also in order to make my complaint and to appear38v
judicially before Your Lordship to in//form you of
everything as I am doing hereby.
Having been informed that I was coming, the
77
said sePior governor ordered my arrest, which was ef-
fected at the place commonly called El Lobanillo. I
was disarmed and brought under arrest with a pair of
Rrillos to this presidio, where I have remained with
the said Erillos and in the stocks.for seven months.
While I was in this prison, Antonio Gil Ybar-
buen appeared--as is recorded in the petition that
he presented against me--before the said Sef9or pon.Angel saying that although I had twice been exiled
from this presidio by order of the said sefior govern-
or because of the public unrest, discords, and uneas-
iness that I caused with his wife) I had had the te-
merity of violating the superior orders of the said
sefior governor by coming within this presidio with-
out his license. And since it is entirely untrue
not only that I had been exiled twice as he alleged
but also that these exiles, were imposed because
of the said discords and uneasiness that I caused
between him and his wife, I ask the grandeur of Your.
Lordship, as effectively as I can and should ask, to
please order the said Hibarguen to give bond for the
calumnious charge he has made against me and to de-
pose what motives he had for prefering charges,
against me during this last imprisonment instead of
prior thereto because it was more natural for him
78
to have done so during the time that he says I was
causing him so much harm and uneasiness instead of
at the time, when it was impossible for me not
only to cause him any harm but also to speak with
anyone,
Moreover, I ask. that the said Ybarguen declare39
what motives //he had for not appearing be-30
fore Your Lordship while he knew that my
causes were still active in this archiveg and that
I was enjoying full freedom and could therefore
cause him injury. He should also tell who per-
suaded him to ask in his petition that I be as-
signed to:a definite place of exile or else that
he be granted license to leave this jurisdiction.
cI ask this, because it seems to me that he should
have made his petition at the time that he says I
was causing him injury rather than while he knew
that I was under arrest and unable to do any harm,.
This petition served as the basis for the sefior gov-
ernor to issue the decree in which is recorded the
definitive sentence, namely, that I should be sent
into exile for four years to Morro Castle. This
sentence ordering that I should be conducted under
arrest through a foreign kingdom, as is the case
with the ckingdom, of New Orleans, was executed
79
without the opinion of the royal, attorney. From
this ccircumstance, it may be inferred that his
,the governor's, action was malicious and not ac-
cording to law and that it was prompted by the_
fact that, he realized that if he followed the usu-
al course of sending me to the general ^prison, in
Mexico I could ffiake my.defense as I am doing now
and also that he feared that I might make known to
the Most Excellent Viceroy, many things that the
said senor governor was doing against God and the
king. And I promise to prove this.
Not only did he make me suffer severely and un-
justly in consequence of his rancor and hatred but
he also took action against my son and deprived him39v
of his uni//form in the most disgraceful manner pos-
sible while the troops were in formation. The mo-
tives that the said seflor governor had for doing
this, were unfounded as I shall prove at the proper
time.
After I was turned over to the senor commandant
of Nachitos, he asked me whether I had committed mur-
der, robbery, or treason against my king (may God
keep him). I-Then I told him I had not, he gave orders
for me to go out walking with the soldiers of his
garrison saying that the said sefior governor did not
80
have the authority to send criminals through foreign
dominions and that he the said commandant, had taken
charge of me in order to relieve me from my imprison-
ment, such was my experience during the three days I
remained there. He also said that the action of the
said seftor governor of sending me through the domin-
ions of, the aforesaid France implied malice. Three
days later an order was received from the said sefior
governor to the effect that I should be taken under
arrest.to the boat of Monsieur Monsen, which was to
take me down to New Orleans and, from which I es-
caped.. Because I believed I would not be safe from
his snares anywhere else, I took refuge in.the monte.
For four months I lived:among the,barbarians.-under-
going the difficulties of the wilderness. When the
news of Your:Lordship's integrity and ju.stice spread,
I:.felt,encouraged:to return being as secretive as,
possible until I found'the opportunity of appearing
legally in my defense, as I do hereby appear before
Your Lordship, in due form according to law. Where-40
fore, in view of all the foregoing, //I ask Your
Lordship with the greatest humility to please grant
rny petition that you proceed with the verification
not only of the proceedings held against me by Seftor
Governor Don Xazinto de Barrios but also those held
81.
0,by Don Juan Prietol which were approved by Sefior Gov-
ernor Don .Anxe1 de Martos y Navarrete, who also pro-
nounced sentence. J make this petition, in order
that when my true defense shall have been approved
and the many calumnies imputed against me shall have
been condemned, I may be able to ask indemnity for
all the damages that I have suffered in consequence
not only of my imprisonment for one year andfour
months but also of my absences due to his rancorous
conduct toward me.
I also beg Your Lordship to please order that
a certified copy of all the proceedings that have
been held or that may be held for the verification
of these proceedings, whether adverse or favorable
to me, be given to me in order.that, with your li-
cense, I may appear with the said certified copy be-
fore the Most Excellent Sefior Viceroy to the end
that, with his customary justice, the grandeur of
His Excellency may.pronounce whatever sentence he
believes I deserve. J also ask you, to please or-
der, if you believe this to be just, that I be paid
all the damages and arrears that I am demanding from.
the said seftores.
Moreover, I ask that the aforesaid Seflor Don
Anxel.de Martos shall pay me the sum of one hundred
82
pesos that Don Manuel Soto Bermtdez owed me and4Ov
//that the said SePior, pDon Angel took over, for al-
though he gave me a draft for the entire amount I
did.not collect it, as I do hereby allege, because
he gave me the draft on Mexico and at the same time
he sent me as a prisoner in exile to Morro Castle,
from which circumstance, his wicked intention may
.be inferred. Moreover, I demand of the above-said
sefior six of my horses that he appropriated at Hor-
coquiza. These are all that remain of the thirteen
,horses, that were attached at the said presidio by
order of his deputy, Sei'ior Don Juan Prieto. I have
not been paid for any of them. demand, also
that he return to me the arms that were taken from
me the last time I was arrested and that Corporal
Joseph Hidalgo delivered to the said sefior governor,
namely one escopette with its case and a sword.
In view of the foregoing, I beg Your Lordship
to please order that my petition be granted for I
shall thereby receive the justice and mercy for
which I am asking; also that you admit this my re-
ply on the present comm.on, paper because there is
no stamped paper in this province., I swear in due
form, Cprotest,.costs, etc.
At the request of Andr6s Chirino:
83
0Alexandro Repisso
,Rubric,
A.D.S.,in E. , May 6, 1755, pp•35-40v,
84
41And when I%/,eross, had seen the foregoing petition,,
I admitted it as presented on this common paper without de-
triment to the Royal Treasury. And in view of the fact that
this party came of his own free will to appear before this
jurisdiction asking for a hearing according to law and for
a certified copy not only of the proceedings executed against
him but also of the other proceedings that may be executed on
this subject in order that he rnay appear with`the said docu-
ments beforethe superior court, of the Most Excellent Sefior
Viceroy and that His Excellency may impose upon him the pen-
alty that he may consider advisable' and in view of the fact
that the witnesses examined by Don Juan Prieto and Don Angel
de Martos did not ratify their depositions and that this par-
ty has asked that thisbe done by me, I should order and I do
order that the above-said witnesses examined by the said
judges Don Juan Prieto and Don Angel de Martos appear before41v
me for the purpose of ratifying their depositions. //However
this said proceeding shall be omitted.for the witnesses ex-
amined by Don Xasinto de Varrios because the subject of the
aforesaid proceedings executed.by the aforesaid Don Xasinto
is of no importance and because most of the witnesses examined
by the said Don Xasinto are dead or absent. And this peti-
tion and the decree thereon shall be annexed to the proceed-
ings on the subject. Thus did I decree, order, and sign this
acting before myself with attendant witnesses in the absence
85
of a notary and on this common paper because there is no other
ckind,. I certify.
Signed:
Hugo O'Conor
cRubric,
Attendant cwitness,: Attendant cwitness,:
Carlos Ygnacio de Vraga Antonio Gallardo
.,.Rubric, cRubric,
D.S.,in E. , May 6, 17559 PP. 4Ov-41v,
86
On the said day, month, and year, I, the said governor,
in view of the order I gave in the foregoing decree, summoned
before me Juan de Mora, whom I certify that I know, a vecino42
.of this //said presidio and the first witness examined in,
these proceedings by Don Juan Prieto. Before myself and my
attendant witnesses, I administered to him the oath, which he
took in the name of our Lord God and a sign of his holy cross,
according to law, under penalty of which he promised to tell
the truth in so far as. he knew and might be questioned. When
I had read to,him the depositio:n,recorded in these proceed-
ings on folios twenty-three verso, that he had made before
Don Juan Prieto, he said that he had never given any deposi-
tion before the aforesaid Don Juan Prieto and that everything
recorded in the said deposition was false because he did not
know firsthand or by hearsay anything whatever about the con-
tents of the same, and that for.this reason he declared as
null everything contained in the aforesaid deposition. And
he said, that everything he had saidand deposed as to what
he knew firsthand and by hearsay, was the truth, under Cpen-
alty of, the oath he had made., which he affirmed and ratified.
When.this his deposition had been read to him verbo ad verbum
in a clear and intelligible voice, he again affirmed and ra-
tifed the same,. saying that he had nothing to add thereto42v .
//or to retract therefrom,, and that everything contained
therein was exactly what he had said and deposed under the
87
oath he had made, which he affirmed and ratified one, two,
and three times and as many times, as the law permitted.
He said he was fifty-four years old, more or less. And he
signed this with me, the said governor and my above-said
attendant witnesses, as st4ted above. I certify.
Signed:
Hugo O'Conor Juan de Mora
,Rubric, .,Rubric,
Attendant witness,: Attendant cwitness,:
Carlos Ygnacio.de Vraga Antonio Gallardo
Rubric, rRubric,
.S. in.E., May 6, 1755, pp..4lv-42v,-
88
Immediately thereafter in order to continue these pro-
ceedings I was holding, I, the said governor, summoned before
me Juan de Thorres, whom I certify I know, a corporal of this
company of los Adaes. Before myself and my attendant wit-
nesses, I administered to him the oath, which he took in the
name of our-Lord God and a sign of his holy cross, according
to law, under penalty of which he promised to tell the truth3
in so far as he knew and might be //aluestioned, When the de-
position, recorded in these proceedings on folios twenty-three
verso to twenty-four, that he had made before Don Juan Prieto
had beer_.read to him verbo ad berbum in a clear and intelli-
gible voice, and he had heard it'and understood itg he said
that he had never given any deposition in the.presence of Don
Juan Prieto and that everything.stated in the said.deposition
was false because it had been drawn up without the presence
of the deponent, and that he declared,all of it null one, two,
and three times and as,manytimes, as he was permitted by
law. And he said, that everything he had said and deposed
relative to what he kne-w firsthand and from hearsay was the
truth under the oath he:had made, which.he affirmed and rati-
fied. When this his deposition had been read to him verbo ad
berbum in a clear and intelligible voice7 he again affirmed
and ratified it saying that he had nothing to add thereto or
to retract therefrom,, and that everything contained therein
was exactly what he had said and deposed under the oath he had
89
made, which he affirmed and ratified one, two, and three times,
and as many times, as he was permitted by law. He said he was
sixty years old, more or less. And because he did not know how
to write, he made the sign of a cross. And I, the said govern-
or, signed this with my attendant witnesses, as stated above.
I certify.
Signed:
Hugo O'Conor
.Rubric,
cCross,
Attendant.c,witness,:
Carlos Ygnacio de Vraga
,Rubric,
Attendant ewitness,:
Antonio Gallardo
ERubrie,
D.S. in E., May 6, 1755^ pp. 42v-43,
9043v
On the afore//said day, month, and year, I, the said gov-
ernor, summoned before me Ygnacio Sepeda, whom I certify I
know, a master blacksmith and a vecino of this above-said
presidio of los Adaes. Before myself and my attendant wit-
nesses,. I administered to him the oath, which he took in the
name of our hord.God and a sign of his holy cross, according
.to law, under penalty of which he promised to tell the truth
in so far as he knew and might be questioned. When the depo-.
sition,recorded in these proceedings on folios twenty-four
verso to twenty-five verso, that he had made before Don Juan
Prieto,had been read to him verbo ad verbum in a clear and
intelligible voice and he had heard it and understood it* he
said that he had not made such a deposition neither was the
signature appearing at the end of it his, and that for this
reason he declared as null and void everything contained in
the said deposition. And he said, that everything he had
said and deposed relative to what he knew firsthand and from
hearsay was the truth under the.oath he had made, which he
affirmed and ratified. When this his deposition had been
read to him verbo ad4ve rbumin a clear and intelligible voice,
he again.affirmed //arid ratified it, saying that he had noth-
ing to add thereto or to retract rtherefrom,, and that every-.
thing contained therein was exactly what he had said and de-
posed under.the oath he had made, which he affirmed and rati-
fi.ed one, two, and three times and as many times, as he was
91
0
permitted by law. He said he was fifty years old, more or
less. And he signed this with mef the said governor, and my
attendant witnesses, as stated above. I certify.
Interlined: relative to what--Valid.
Signed:
Hugo 0'Conor Ygnasio de Z,e,peda
.Rubric, Rubric,
Attendant.,witness,s Attendant witness,:-co
Fran. Teodoro de Abila Carlos Ygnacio de Vraga
,Rubric, Rubric,
.D . S . in E., May 6, 1755 , pp • 43 - 44,
92
On the said day, month, and year, I, the said governor,
summoned before me Juachin Cadena, whom I certify I know, a
soldier of the company of cavalry of the garrison of the afore-
said presidio of Nuestra SePiora del Pilar de los Adaes. In
the presence of my attendant witnesses, I administered to him
the oath, which he took in'the name of our Lord God and a.
sign.of his holy cross, according to law, under penalty of
which he promised to tell the truth in so far ashe knew and4}+v
might be questioned. //And when the deposition' recorded in
these proceedings on folio.twenty-four verso, that he had
made before Don Juan Prieto, had been read to him verbo ad
ver"bum in a clear and intelligible voice and he had heard and
understood the same, he said that he had not made such a de-
position and that the aforesaid Don Juan Prieto had never
taken the deponent's oath on any subject whatever, for this
reason the deponent declared as null and void everything con-
tained in the above-said deposition. And he said, that ev-
erything he had said and deposed was the truth under the oath
he had made, which he affirmed and ratified. When this his
deposition had been read to him verbo ad verbum in a clear.
and intelligible voice, he.again.affirmed and ratified it,
saying that he had nothing to add thereto or to retract
.therefrom,, and that everything contained therein was exactly
what he had said and deposed under the oath he had made, which
he affirmed and ratified one, two, and three times, and as
93
!many times, as he was permitted by law. He said he was
thirty-four years oldl more or less. And because he did not
know how to write, he made the sign of the cross. And I,
the said governor, signed this with my attendant witnesses,
as stated above. I certify.
Signed:
Hugo 0'Conor
rRubric,
Sign of the cross: r-Cross,
Attendant =witness,: Attendant witness,:
Antonio Gallardo Carlos.Ygnacio de Vraga
,Rubric, Rubric,
D.S. in E. , May 6:, 1755, PP• 44-1+1+v,
94
^-53m//mediately thereafter, I, the said governor, summoned
before me Don Marcos Ruiz, whom I certify I know, lieutenant
of this aforesaid presidio of los Adaes. Before myself and
my attendant witnesses, I administered to him theoath, which
he took in the name of our Lord God and a sign of his holy
cross, according to law, under penalty of which he promised
to tell the truth in so far as he knew and might be questioned.
When the deposition he had made before Don Juan Prieto, re-
corded in these proceedings on pages twenty-five verso to
twenty-six, had been read to him verbo ad verbum in a clear
and intelligible voice and he had heard and understood the
same, he said that the aforesaid Don Juan Prieto had never
called him to make oath and had ^never, taken his deposition
on any subject whatever, and that although it was true that
the signature at the end of the said deposition was his rsig-
nature, it was also true, that they must have made him sign
as they had many other times for their on particular pur-
poses and interests,. And the deponent declared that every-
thing stated in the aforesaid.depositiori given pressumably
before Don Juan Prieto was null. He said, that everything
he had said and.deposed was the truth under the oath he had
made, which he affirmed and ratified. And when this his de-45v
positiori had been read to him verbo //ad verbum in a clear
and intelligible voice, he again affirmed and ratified the
same saying that he had nothing to add thereto or to retract
95
.therefrom,, and that everything contained therein was exactly-
what he had said and deposed urnder the oath he had made, which
he affirmed and ratified one, two, and three times and as many
.times, as he was permitted by law. He said he was sixty-
eight years old, more or less. And he signed this with me
and my aforesaid attendant witnesses as stated above. I cer-
tify.
Signed:
Hugo O'Conor
. Rubric,
Marcos Ruis
,Rubric,
Attendant witness,: Attendant ^witness,:
Carlos Ygnacio de Vraga Asitonio Gallardo
,Rubric, Rubric,
O.S.. in E., May 6, 1755, pP• 44v-45v.
96
0On the said day, month,. and year, I, the said governor,.
summoned before me Pedro Posos, whom I certify I know, a ve-
cino of this royal presidio of los Adaes. Before myself and
my attendant witnesses, I administered to him the oath, which
he took in the name of our Lord God and a sign of his holy,
cross, according to law, under penalty of which he promised
to4^ell the truth in so far as he knew and might be questioned.
//When asked if he had been present as an attendant witness
when Don Juan Prieto examined several witnesses about what
had happened with Andrds Chirinos, he replied and said that
he was not present when the said Don Juan Prieto examined the
witnesses nor had he known until now that the said Don Juan
Prieto had brought a case against the said Andrds Chirinos.
And the.deponent claimed not to have made any signature as-
an attendant witness, and said, that the signatures, that
he now sees at the foot of several depositions are not his.
rHe said, that everything he had.said and deposed was the
truth under the oath he had madel which he affirmed and rati-
fied.. And when this his deposition had been read to him'verbo
ad verbun in a clear and intelligible voice, he again affirmed
and ratified the same saying that he.had nothing to add there-
to or to retract therefrom,, and that everything contained
therein was exactly what he had said and deposed under the
oath he had made,which he affirmed and ratified one, two,
and three times and as many times,.as he was permitted by
97
law., He said he was thirty years-old, more or less. And he
signed this with me the said governor and with my attendant
witnesses as stated above. I certify.
Signed:
Augo O'Conor
,Rubric a
Pedro Posos
rRubric
Attendant witness,:
Antonio Gallardo
,Rubric,
Attendant twitness,:
Carlos Ygnacio de Vraga
,Rubric,
rD.S. in E., May 6, 1755, Pp. 45v-46.
98
1+6On the above-said day, month, and year, //because Joseph
Felis Ruiz, one of the witnesses appearing in the proceedings
held by Don Juan Prieto, is now, absent from this presidio,
I, the said governor7therefore ^state that, I have been un-
able to take the deposition of the aforesaid Feliz Ruiz on
the subject in question. And in order that this might be of
record' I recorded it as an official act, which I signed with
my attendant witnesses. I certify.
Signed:
Hugo O'Conor
,Rubric,
Attendant witness,: Attendant witness,:
Carlos Ygnacio de Vraga Antonio Gallardo
Rubric, Rubric,
D.S. in E., May 6' 1755, pp• 46-46,v,
99
In the said royal presidio, on the said day, month, and
year, I, the said governor, having concluded these proceed-
ings in the manner recorded herein, should order and do here-
by order that a certified copy of the same be given to the
party defendant, in order that he may appear with it before
the Most Excellent Sefior Viceroy in order that it may please
His Excellency to decide whatever he deems advisable, for, as
usuall that will be the best decision. Thus did I decree, or-
der, and.sign this, acting before myself with attendant wit-47
nes.ses in the absence of a notary and on this //com.mon paper
because there is no other ,kind,. I certify.
Signed:
Hugo O'Conor
Rubric,
Attendant witness,: Attendant rwitness,:
Antonio Gallardo Carlos Ygnacio de Vraga
Rubric, rRubric,
^D.S. in E., May 6, 1755, pp. 46v-47,.
100
On the said day7 month, and year9 I, the said governor,
in view of the order I gave in the foregoing decree, had,
the certified copy mentioned therein delivered to Andrds Chi-
rinos. In order that this might be of record I recorded it
as an official act, which I signed as stated above. I certi-
fy.
Signed:
Hugo O'Conor
,Rubric,
Attendant witness,: Attendant witness,:
Antonio Gallardo Carlos Ygnacio de Vraga
.Rubric, tRubric,
D.S. in E., May 6, 17551 p. 47,