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53
Year ...........:... ......of...... ............1778
Number 39.
Criminal Lawsuit continued against the
Ree,idor Don Juan Andres Albarez Travieso
and Fran[cisc]o Antonio Flores, citizens
of the Villa of S[a]n Fern[and]o at the
Royal Presidio of San Antonio de Bexar
for having committed perjury. Equally
.included in this are Juan Josef Flores,
Josef Andres Hernandez, and Melchor
Ximenez.
Criminal procedure against the said
Regidor Juan Andres Albarez and others.
542
// 1778
In the Royal Presidio of San Antonio de Bexar and the
Villa of San Fern[and]o, on the nineteenth day of the
month of October of one thousand seven hundred and
seventy-eight years, [I] am acting as receptorla in
the accustomed manner. I, the Baron de Ripperda,
Governor of this Province, command [that], [since]
the judicial proceedings, which have been prosecuted
in general before me, have been discontinued against
various citizens who, since the month of the most
immediate May, have concurred to interfere in gather-
ing unbranded cattle from the Mission of Es;piritu
Santo within its pastures, as is manifested in the
judicial procedure which has been instigated, they
be sent a transcript of the indictment in consequence
of the said crime as well as the writ which preceded
it. [This is to be done] in order to notify the
parties [that] they may respond within the specified.2v
time. // This will be at their own favor. As such,
I provide, order, and sign, certifying it hereby.
55
J[uan] M[aria] El Baron de Ripperda
[Rubric]
In attendance In attendance
Fern[and]o de Beramendi Antonio de las
[Rubric] Barzenas
[Rubric]
[D.S., 2-2v pp., in E. 10/19/1778 -
12/10/1778]
In compliance to the writ which precedes, I therefore
commanded immediately [that] the transcript, which
was requested, be given with the following testi-
mony.
In the said Royal Presidio and Villa, on the nine-
teenth day of the same month and year, I, the Governor
of this Province, have found sufficiently proven the
guilt of those named in these writs and [those] cited
within the same. For the quickest dispatch to the
parties, [I] am omitting the depositions of Juan
Padron, Fran.[cisc]o de Luna, Guerrero, Manuel de Soto,
56
Francisco Travieso, Antonio Chiver, Diego Menchaca,
and Mariano de la. Garza because [they were] absent,
as [were] the Indians Andres Curbelo and Josef M[ari]a3
/j Montes for the last times that they were summoned.
Likewise [omitted are] those [depositions] of Josef
Antonio, El Coyote; Basilio Arredondo; and the Indian
Miguel Carabajal, showing [that] they went to gather
unbranded cattle as servant boys. And their depo-
sitions [are] not necessary. Also [omitted were]
the [deposition] of the son of Juan Josef Flores,
known as El Cano, and those of Josef Manuel Padron,
Manuel Casanoba, and Mariano Gamez because [they
are] less than fourteen years old. I command that in
continuation of this, my writ, the indictment of the
crime be made, receiving the lawsuit as proof and
sending the transcript to the parties. As such, I
approve, order, and affirm, certifying it hereby.
El Baron de Ripperda- In attendance:
Fern[and]o de Beramendi In attendence: Antonio
de la.s Barzenas.
[D.S., 2v-3pp., in E. 10/19/1778-
12/10/1778]
57
In the said Royal Presidio and Villa, [on the same]
day, .month, and year, giving compliance to the pre-
ceding writ, I, the aforementioned Governor, have3v
viewed and closely examined // the depositions,
confessions, and ratifications of this preliminary
hearing. I have._found well proven the guilt from
which it results. [This is] principally against
Juan Josef Flores, Josef Andres Hernandez, Mariano
Guerra, Vicente Flores, Francisco Travieso, the.
Regidor Don Juan Andres Travieso, Francisco Flores
de Abrego, and Josef Padron.. They were the leaders
of the last two instances of the eight cattle run-
nings, which are shown [that] they have made since
the last May. They gathered more [than] four hundred
head of unbranded cattle (according to what their
depositions claim) belonging to the'Tamigu.e and.
Jara.na.me Indians of the Mission of Espiritu. Santo,
the pastures of which are situated mainly in the
direction of the East and the Northeast from the4
Arroyo Zibolo from its border with more // than
seven leagues over the same [border] as fa.r,as the
Pass of La Saja. [These pastures] were purchase-d
58
from Bernabe Carabajal from a half a league to this
part of the [Arroyo] Cleto, which the said Mission
previously owned as is evident in the original con-
tracts. In these [contracts], one area for cattle
grazing for Martin Lorenzo de Armas, Juan Josef
Flores,:and Miguel Guerra is excluded. Notwithstanding
the excessive tolerance with which I have overlooked
the ranchers from the said Arroyo Zibblo so that they
could gather their cattle in the four leagues which
[is] the least distance from one to the other arroYo
even though the land belongs to the said Mission
with the one already cited exception, yet this [toler-
ance] has not been sufficient to reduce the ambition
of the accused [men]. They have penetrated for six,4v
eight, and more leagues on // that side of the cited
Arroyo Cleto, as is seen from the hours in which it
appears that they departed from their ranches. They
arrived at those areas, which they designated several
times, without stopping to gather cattle. [These
areas are] in the directions in which they did exe-
cute [the cattle gathering] on the following days
just as for the time and the hours they have given
in which they returned to their ranches. This excess
59
of various distances from the said [ranchers] is
manifested in this preliminary hearing. And. with
respect to their existence, as such from the above
cited [men] who were the leaders of the eight cattle
runnings, they repeated them in general with the others.
Gathering unbranded cattle in the cited ;pastures of
the cited Mission [were] Vicente Flores, once; the
Regidor pon Juan Andres Travieso, twice; and Josef5
Padron, // once. Showing that in general he [also].
gathered cattle, Juan Padron had taken an equal part
of the unbranded cattle in three cattle runnings.
Josef Manuel Padron [was in] two; Carlos Riojas,
three; Francisco de Luna, two; Santiago Seguin, two;
Francisco Antonio Flores, two; Toribio Duran, three;
the Indian Andret Curbelo, two; the Indian Josef
Maria Montes, two; and Mariano de la Garza, two.
Likewise, Felipe de Lu.na. [was in], two. As such [were],
Francisco Rodriguez, Antonio Chiver, Joachin Flores,
Martin de la Garza, Diego Menchaca, and Manuel Granado,
in one cattle running. Helping as paid servants with
the same unbranded cattle which they gathered [were]
Melchor Ximenez, Diego de Castro, Manuel Flores,
605v
Josef // Gamez, Fran[cisc]o Gomez, Pedro Hernandez,
Guerrero, Manuel Casanova, Manuel de Soto, Josef
Antonio El Coyote, Mariano Gamez, Basilio Arredondo,
and the Indian Miguel, like a son to Juan Josef
Flores, who called him Cano and took [him] as such.
All [are] residents of this Royal Presidio and Villa
except Francisco de Luna who is from ,Rio Grande.
Among themselves, they ran, stole, killed, marked
and bratded more than four hundred head of unbranded
cattle during the said eight cattle gatherings within
the precited pastures as all is evidenced from the
present lawsuit. The cited Mission of Espiritu Santo6
has not been able to perform its branding // in the
proper manner because of the hostilities which were
once found [in] those discovered lands and [because]
of the many years of absence which has been committed
by the majority part of the Jaranames [who] have final-
ly been resettled in their own Mission. In this con-
sideration, I state [that] I am charging all those
respectively included [herein] just as, by this, I
charge them as convicted defendants for the crime of
taking another's property and [for] the falsity with
61
which they maintain the right to-the cattle which
were foundin the pastures of the cited Mission
with their marks and brands. [Since] it is of the
same which they have usurped, they have incu.rred, in
everything as violators of various laws from the6v
// Recopilacion de las Indias, royal cedu.las, and
finally from the superior proclamation from the Lord
Commandant General of these Interior Provinces, the
Caballero De Croix, published in this Royal Presidio
and Villa, on the twelfth of January of the current
year. [The .procla.mation] asks [that], due to the
lack of a promotor fiscal, the penalty for the ex-
pressed crime be imposed on them for what they have
incurred. [This] is certified by the deed of the
offense which resulted in this preliminary hearing.
Having sent a transcript of the present indictment
to the defendants who actually are prisoners, each
one ought to answer that which is to his benefit
and. which benefits his favor within the term of nine
ordinary days that he receives this approved case.7
// The parties have been notified of their
prpper compliance. As such I approve, order,
62
and affirm, certifying it [hereby]. El
Baron de Ripperda In attendance: Fernando
de Beramendi - In attendance: Antonio de las
Barzenas.
3v-7 pp., in E. 10/19/1778-- 12/10/1778]
The writ and the indictment which I ordered taken from
the writs of this case which are in my Court of Justice
co:ncu.r with their originals. This is certain, authen-
tic, and consistent. And to watch it being transcribed
and verified, Manuel Flores y Valdes and Josef Guadalupe
de Agreda were present as instrumental witnesses.-
[They are] citizens of this Royal Pres(idi]o of San
Antonio de Bexar where it was made [on] the mentioned
day, month, and year to which I hereby certify.
J[uan] M[aria] El Baron de Ripperda
[Ru.bric]
In attendance: In attendance:
Fern[and]o de Antonio de las
Beramendi Barzenas
[Rubric] [Rubric]
648 1
[Cross]
In the Royal Presidio of San Antonio de Bexar and Villa
of San Fernando, on the twenty-second day of the month
of October of one thousand seven hundred and seventy-
eight, [I], Don Juan Maria de Ripperda, Baron de
Ripperda, Colonel of the Caballeria., Governor of this
Province of Texas, its missions, conquests, and fron-
tiers, Commandant of its Troops, and Captain of this
Royal Presidio, ] acting as receptoria with my
attesting witnesses due to the lack of a notary, either
public or royal, for there is none in this vicinity
as prescribed by law and on this present ordinary
paper because of the lack of stamped [paper]. In
consideration of the proximity of the branding sites
for bovine cattle and so that the many citizens of
this Presidio and Villa, who were found [to be]
included in the writs formed by me, may be able to
agree to them as accomplices in the cattle runnings
which they have made since the month of the previous
May within the summer pa:stures of the Mission of
Espiritu Santo, they gathered, marked, and killed
their cattle. This preliminary hearing begins with
Juan Josef Flores and Josef Andres Hernandez. It
65
is shortened for its conclusion, [since] the parties
alleged that which was done in their behalf. They
are released on bond so that they may attend to their
property without disgrace attending them. I order8v
exempted, as I exempted the ReZidor p o n// Juan
Andres Albarez Travieso, Francisco Antonio Flores,
Josef Andres Hernandez, and Juan Josef Flores, like-
wise also Melchor Ximienez, so that they may not be
permitted to be released on bond. With respect to
the committirig of perjury, the said D on Juan Andres
Travieso denied one cattle running which he-ma.de within
the cited time of four months as is evidenced from
the depositions of Toribio Durari and Josef -Pa.,dron.
And Francisco Antonio Flores [denied] one within the
said time according to the citations of Fran[cisc]o
Rodriguez, Toribio Duran, and Josef Padron. Also,
Josef Andres Hernandez and Juan Josef Flores [com-
mitted perjury] in regard to the number of unbranded
cattle which they gathered and the areas where they
went for the said purpose. Likewise it is perceived
from the implication which is -evi.denced in their own
depositions and confessions the same as that which
Mechor [sic] Ximienez [made] by the same implication
!
66
in the number of cattle. The said [men] will remain
under arrest and in prison. Juan Josef Flores should
be maintained, likewise, in his house with the same
bond which he is using because of the deplorable
state of his health. If it is necessary for a greater
justification of the expressed cattle runnings which
the same D o n Juan Andres Travieso as Francisco
Ant[oni]o Flores denied in the cited lawsuit [and]
if an examination of one or more witnesses were neces-
sary, I should order and do command [that] he be
examined according to [his] convenience. As such I9 2
provide, order, and affirm acting // // in the said
manner to which I attest.
J[uan] M[aria] El Ba.ron de Ripperda
. [Rubric]
In attendance: In. attendance:
Fern:[and]o de Beramendi Antonio de las
[Rubric] Barzenas
[Rubric]
[D.S., 8-9 pp., in E. 10/19/1778-
12/l0/1778]
67
Deposition of In compliance to the edict
Silbestre Manuel which precedes, I ordered
de Soto of the Silbestre Manuel De Soto, whom
age of 20 years. I certify to know, to appear
before me. And [I] received
him [by] the oath of God Our Lord and the sign of the
Cross according to the Law. By this, he promised
to tell the truth in what he was interrogated. And
being so [interrogated, he was asked]: On how many
occasions has he gone to run and to gather unbranded
cattle from the far side of Cleto within four months
in this area. With whom did he go, [and] to which
areas. How many unbranded. head of cattle have they
gathered in them. Where did they take them. How did
they divide them. Which marks or brands did they
put on them. How much of it did they slaughter. What
did they do with them afterwards; and anymore which
he suspected on the matter. He said: That on one
occasion he went to gather unbranded cattle from the
far side of the Arroyo Cleto, departing from Las
Mulas Ranch with his uncle and master, Josef Padron,9v
[and with] Don // Juan Andres Travieso, who was
the leader [and] likewise, owner of the cattle. It
68
appeared that there were one hundred head of cattle.
A son of Josef Padron named Josef Ma.n[ue]l, Juan
Padron, Toribio Duran, the Indian Montes, [and]
Manuel Casanoba formed the squadron in which the wit-
ness concurred. And they departed from the said
ranch united with another [squadron], which was
headed [by] Fran[cisc]o Travieso since he was the son
of the ranchowner, [including] Fran[cisc]o Rodriguez,
Josef Ant[oni]o El Coyote, and Mariano Gamez. They
all [departed] for the hacienda of the same ranchowner,
arriving together with Antonio Chiver, Francisco de
Luna, and Francisco Antonio Flores. And continuing
on the march according to what seemed like about noon,
they pursued it until mid-p rima., more or less, of the
next night. On that afternoon, the sun was on [their]
backs, somewhat inclined off the left shoulder. With-
out stopping more than a while to put a herd of cattle
among the stock and [since] the witness does not
know the areas, he cannot say more except that they
stopped in a field close to an encinar and to an
arroyo of which he does not know its name. That on10 3
the // // following morning, the two said squadrons
were separated as [was] the stock which they took.
69
He does not know where the other [squadron] went.
But the [squadron] of the witness ran and gathered
from one to the other side of an arroyo which he
believes to be that of Carrizo according to [various].
marks. Therefore, near to this and. close by to a
lake, there is a corral where on that day they re-
turned to sleep, arriving about eight o'clock that
night. But [since] the other squadron was already
.inside the said corral with their cattle, the [squad-
ron] of the witness remained outside the [corral]
with their [cattle]. On the following morning they
continued to gather cattle along several arroyos
which he does not know which ones they were. However,
on the following night, they went to sleep in another
corral which they told him was named Del Cuchillo or
Cuchillito. And on the next day, gathering [cattle]
between this a.rro o and that of Carrizo according to
what he was told, they returned to the same corral
on the following night to enclose [the cattle]. That,
on another day, continuing the cattle running, they10v
went to sleep // in the corral which is near the
Arroyo Arenoso, with this name, and [near] this side
of Cleto. The ,[arro o] which they passed on another
70
day in order to return to run [cattle was] towards
the head-waters of the Arroyo Alonso. They took the
stock and gathered several head of cattle, returning
at something like noon in order to join together with
the cattle which they had left in the said corral
guarded by Juan Padron, Josef Manuel Padron, and
Manuel Casanoba. And gathering all [the cattle],
they continued toward the ranch where they arrived
before eight. They enclosed [the cattle] in the cor=
ral of D o n Viz[ent]e Travieso of Las Mulas Ranch.
He does not know exactly how much unbranded [cattle]
they brought. But it seems to him [that].on.the
following morning they divided [the cattle] into five
head for each [man] with the difference that those
which D on Juan Andres Travieso and Josef Padron11 4
took were cows. // // Several small bulls re-
mained which he does not know how many there were
nor to whom they were given. And each [man] branded
that which he took. But of those of D o n Juan
Andres Travieso, he saw branded several [cows] of
those which he took. The other squadron had departed
earlier. And he does not know how much [ cattle].
71
they took. That in the days which they ra:n [cattle],
they slaughtered three ane'as in order to eat and
another one in the corral at the ranch.--
Questioned: If he knows or has more to say on the
subject. If he would certify what he has declared.
What is his age. And would he sign it. He said:
He has nor knows anymore to say in the matter. That
he would ratify in that which he has declared. That
he is twenty years old, according [to how]"he appears.
And he signed this jointly with me, to which I
attest.
J[uan] M[ ar.ia] El Baron de Ripperda
[Rubric]
Silbestre Manuel de Soto
[Rubric]
In attendance: In attendance:
Fern[and]o de Beramendi Antonio de las
[Rubric] Barzenas
[ Ru.bric.]
[D.S., 9-11 pp., in E. 1.0/lg/1778-12/10/1778]
.Deposition of
Francisco Ant[oni]ollv.
Flores, // of
the age of 22 years
Also, I commanded Francisco
Antonio Flores to appear be-llv
fore me. He took the oath //
by God Our Lord and the sign
of the Cross according to the
law. By this, he promised to tell the truth in what
he was interrogated. And so doing, [he was asked]
about being cited by Fran[cisc]o Rodriguez, Toribio
Duran, and Josef Padron. He has concurred in another
gathering of unbranded cattle on the far side of the
Arroyo.Cleto, which he has denied in the deposition
and confession which he has made in the said writs,
committing perjury in the oath.. He should tell the
truth concerning when he made the said running; with
whom; from which ranch; the areas from which they
made [the running]; the unbranded cattle which they
took; how it was divided, marked, or branded; if
they slaughtered [any cattle]; what they did with the
said unbranded cattle; and anymore which he suspected
on the subject. He said: That after the [cattle]
running which he has declared, it is true [that] he
went on another from Las Mula:s Ranch where he had
73
gone for a little lard which he had there. Fran[cisc]o
Travieso and Fra.n[cisclo Rodriguez offered him two12 5
fat cows to go on behalf of the hacienda. // // of
the ranch, as the aforementioned [men] and the two
young servants named Josef Ant[oni]o, El Coyote, and
Mariano Gamez were going. However, the witness will
not admit [that] he went on his own behalf with the
expressed [men] and [with] Antonio Chiver [and]
Fran[cisc]o de Luna. Therefore, even though they
departed together with another squadron which was
headed [by] D on] Juan Andres Travieso [and included]
Josef Padron, his son Josef Man[ue]l, Juan Padron,
Manuel Soto, Toribio Duran, the Indian Montes, and
Manuel Casa.noba, they departed from the said ranch
somewhat after breakfast with about one hundred head
of cattle. They came to stop at an encinal near the
Arroyo Los Olmos after sunset. Then they sto;pped for
a while to gather some mestenas and to include a herd
of unbranded [cattle] in the stock. On the following
morning, each squadron departed with half of the
stock. The [squadron] of the witness went to a dis-
tant area along the Arroyo Carrizo, returning to en-
close [the cattle] on the following night in the
74
corral which is near the said arro.Yo and next to a.12v
lake // [at] the evening of the night. However,
the other squadron arrived there the same, near the
said corral, with the cattle which they had gathered
about eight o°clock that night. And on the next day,
they passed the said Arroyo Carrizo. They gathered
[cattle] on both sides of the Arroyo Los Nogales,
according [to what] they told him. They returned to
enclose [the cattle']` in the same corral before sunset.
They continued the [cattle] running on the following
day in the same direction towards the east; but further
on, they turned somewhat to the southeast and returned
to the same corral at dusk. They departed from this
before daybreak of the next day, proceeding to the
same Las Mulas Ranch without stopping to gather cattle.
They arr.ived here about one hour or less before sun-
set since they had moved the cattle swiftly. And
the witness, having a.rrived at the fort at S[an]ta
Cruz to sleep, entrusted Antonio Chiver to place-the
mark of the witness on the [cattle] which he had
obtained. And having corne to the pres[idi]o, he13 6
returned on the second // // day, sleeping at
the Ranch of El Paso de las Mujeres. And on another
75
[day] he arrived at Las Mulas [Ranch]. They had
already marked all of the unbranded cattle, leaving
the witness only four [head]. However, Fra.n[cisc]o.
Travieso gave him another two already marked with the
brand of his father. Ant[oni]o Chiver and Fran[cisc]o
de Luna told him that they had divided ten unbranded
[cows between] each one [and] put their marks on them.
But that Fran[cisc]o Travieso, with his two young
servants, had brought the greatest part. to the
hacienda of the ranch. From this cattle, the witness
brought two head to the Presidio to slaughter.
Fran[cisc]o Rodriguez [brought] one; the Indian
Montes, another; [and] Antonio Chiver,.one. [They did
not bring] two calves which they had slaughtered
[during] the two, days which they gathered. They
noticod [that] they would have to care for the said-
cattle so that [the cattle] would become accustomed
[to this place] after being marked. .
Questioned: If he knows or has.more to say. If he
would ratify what he has dec:lared._ How old he is. And
if he would sign this.. He said: He does not have norl3v
knows anymore to say on the // subject. That he
would ratify what he has declared. That he is twenty-'
76
two years old. And, since he did not know how to write,
he made a sign of.the Cross, to which I attest.
J[uan] M[aria] El Baron de Ripperda
[Rubric]
[Cross]
In attendance: In attendance:
Fern[and]o de Beramendi Antonio de las
[Rubric] Barzena.s
[ Ru.bric]
[D.S., 11-13v pP., in E. 10/19/-.
1778-12/10/1778]
Deposition of In the same manner, I ordered
Juan Padron, of before me Juan Padron, whom
the age of 30 I certify to know. And I
years. received him under the oath
of God Our Lord and a sign of.the Cross according to
the law. By it, he promised to tell the truth in
77
what he suspected and [in what] he was questioned.
And so doing, [he was asked] about being named in
the lawsuit, formed by me, against various runners of
unbranded cattle, according to what is expressed in
the writ which heads these particular judicial proceed-
ings as by Silbestre Manuel Soto and Fran[cisc]o
Antonio Flores, witnesses examined in the same.
Having concurred in different cattle runnings on
that side of the Arroyo Cleto, he gathered unbranded
cattle. How many times did he do this in four months14 7
in this vicinity. With whom has he gone,.// //
[and] to which area.s. How many head of unbranded
cattle have they gathered in them. Where did they
take them. How did they divide them. Which marks or
brands did they place on them. How much of this did
they slaughter. What did they do with the said cattle,
and anything else which he suspected on the matter.
He said: That in the said time, he has run [cattle]
on three occasions on the other side of Cleto. The
first [time], he departed from San Bartolo Ranch with
Josef Padron, one son of this [man, who isna.med]
Josef Man[ue]l, Felipe de Luna, Fran[cisc]o_ de Luna,
Carlos Riojas, Fran[cisc]o Gomez, and Guerrero at
breakfast time. And without gathering cattle on that
78
day, they stopped about eight that night at the head-
waters of the Arroyo Alonso on the edge of the plain.
And continuing along the edge of the encinal up to
Las Tetillas, they discovered [some] unbranded cattle
and returned to San Bartolo Ranch at the time of dawn
of the next day. On the same [day], before [the
cattle] were divided, the witness went to Las Cabras
Ranch to look for some horses. For this reason, he
does not know how [the cattle] was obtained; but that
it seems to him [that] they brought more or less about
one hundred head of cattle, between the small and
the large [ones]. That [on] the second running,l4v
// he departed from Las Mulas Ranch with Josef
Pa.dron, Josef Manuel Padron, Manuel de Soto, Don
Juan Andres Travieso, Toribio Duran, the Indian
Montes, and Manuel Casanoba about midday. And without
gathering cattle on that day, they went to sleep in
the Arroyo Los Olmos, arriving at night about mid-
rp ima. They went together this far with another
squadron of [cattle] runners, which was headed by
Fran[cisc]o Travieso, [who was] accompanied-by
Fran[cisc] o Rodriguez, Fran[cisc] o de Lu.na, Mariano
Gamez, Josef Ant[oni]o El Coyote, Fran[cisc]o Antonio
79
Flores and.Antonio Chiver. That during-the morning,-
the [squadrons] divided. The one of the witness
continued with their [cattle] to the corral which is
near that one of Carrizo. Passing this and proceeding
downward, they got lost about noon. They [then]
came to the said corral where they found, already
enclosed, the cattle which the other squadron had
brought. Arriving with theirs which they had gathered
and guarding it close to the same corral, they con-
tinued their [cattle] running on the following day
along the Arroyo Cuchillito, where there is a corral
in which they enclosed their cattle that night. And
on the next day, they proceeded to gather cattle be-15 8
tween this // // arro o and that of Carrizo, re-
turning to sleep at the same corral. On.another day
they went in continuation of their running to sleep
[on] the edge of Las Tetillas. And on the succeeding
[day], they [slept] between this and that of Los
Olmos, arriving about eight that night. And they
enclosed the cattlein the corral which is between
the Arenoso and the Cleto. Onthe next day, they
returned to the same Las Mulas Ranch where they
080
encountered those of the other squadron already there.
That he does not know how much unbranded [cattle]
they brought. But that Fran[cisc]o de Luna told and
showed him ten unbranded head which they had given
him and [which] already had his mark [on them]. He
is not able to say about those [cattle] which his
squadron brought; more than [that since] D on Juan
Andres Travieso was the leader, they all obtained
a share of five head which they marked, each one with
his own brand. And that he did make the third [cat-
tle] running having departed from Las Mulas Ranch with
Vizente Flores and the Indian Montes, who were the
leaders, [and] accompanied by Santiago Zeguin, Mariano
de la Garza, Carlos Riojas, and Fran[cisc]o Antonio
Flores. They departed about ten that day. And with-
out gathering cattle, they went to sleep at the15v
Canada del Cuatralbo near to Los Olmos // arriving
at sunset. And crossing the Arroyo Los Olmos, they
went to the plains of Las Tetillas where they slept.
They returned on the following day to the edge of the
plain, cutting across the Arroyo Alonso and arriving
at the same Las Mulas Ranch. The witness separated
[from the others] at the Arroyo Cleto, going towards
81
San Bartolo because he was somewhat ill. However, it
seems to him [that] from their bulk and [from what]
they told him he believes [that] they were able to
gather about one hundred head of unbranded cattle.
Afterwards he heard said [that] they had divided and
marked that which they were able [to do]. Some [got]
ten [head]; and others, as many as nineteen. However,
since the witness had been ill, he does not know what
he obtained. And he saw only two [head] with his
mark. He is [to be] found with his brother Josef
Padron, with less license than if he were his son
because he is under his domination.
Questioned: If he knows or has more to say on the
subject. If he would ratify what he has declared.16 9
How old is he. And if he // // would sign it. He
said: He does not know nor has anymore to say on the
subject. He would ratify what he has declared. That
in his opinion, he is of the age of thirty years.
And because he did not know how to sign his narl7e, ®he
made a sign of the Cross before me, to which I
attest.
J[u.an] M[aria] El Baron de Ripperda
[Rubric]
82
In attendance:
Fern[and]o de Beramendi
[Rubric]
[Cross]
In attendance:
Antonio de las
Barzenas
[Rubric]
[D.S., 13v-16 pp., in E. 10/l9/1778-
l2/l0/1778]
Deposition of
the Re zidor
D o n Juan
Andres
Travieso, of
the age of
40 years
In consequence of the citations
which appear in the various
depositions which are evidenced
in the writs formed against
various citizens concerning
whether they had gathered un-
branded cattle in the summer
pastures of the Mission of Esp,iritu: S[an]to, they
remain in `prin.ciple -against- Ju.ari Josef Flores and
Josef Andres Hern[ande]z, just as of those, which in
these present proceedings, Silbestre Manuel de Soto,
83
Fran[cisc]o Antonio Flores, and Juan Padron have made.
I ordered the Re dor Don Juan Andres Travieso to
appear before me. [I] received him under the oath of
God our Lord and a sign of the Cross according to the
law. Under this obligation, he offered to tell the
truth in what he was questioned. As it was done
[in] accusation, why has he not declared nor confessedl6v
the other running // of cattle, which in the afore-
mentioned time of the four.months, appears in the
said citations, having been made in the summer pastures
of the Mission of Espiritu Santo on the other side of
the Arroyo Cleto. He must tell the truth in all
[this]. He said: He had not declared the said running
since he was not certain whether it had been included
in the four months of which he had been questioned.
In respect [to this], a short while after having
settled the ranch, they have run [cattle] in those
summer pastures. And that in four or five years in
this territory, they have been compelled to build
corrals in order to gather their cattle in the Arroyos
of Los Olmos, Carrizo, and Cuchillito as well as at
the head-waters of the Arenoso, this last [one being]
8 4
on the side facing the Arroyo Cleto. That he did make
the expressed [cattle] running for which he is accused,
departing from Las Mulas Ranch with Josef Padron, one.
son of this [man], his brother Juan Padron, Manuel
de Soto, Manuel Casanoba, Toribio Duran, and the
Indian Montes. The witness and Josef Padron went as
leaders of this squadron, departing about ten that
day in the company ,of the other squadron composed of
Fran[cisc]o Travieso, whom he believes was the leader,
Fran[cisc]o Rodriguez, Fran[cisc]o Antonio Flores,17 10
Fran[cisc]o // // de Luna, Antonio Chiver, Josef
Ant[oni]o El Coyote, and Mariano Gamez. And they
stopped about four in the afternoon except for those
who went to an event of the Caballada. And they
brought a small herd of cattle at dusk to where some
plains are formed between the Arroyos of Los Olmos and
of Cuchillo. In this area, they separated from the
other squadron on the next morning. The [squadron]
of the witness went along that side of Carrizo,
gathering cattle with which they returned to sleep
near the corral of the said Carrizo where the other
squadron had already enclosed their [cattle] a little
85
after eight. They watched [the cattle] from here.
And reaching the said cattle, they continued their
gathering along the same upper arroyo on the following
day. They returned to sleep at the corral at
Cuchillito. And on the next day, they ran [cattle]
between this [arroro and that of Carrizo returning
to'sleep at the same corral at Cuchillito. On another
day, they continued their gathering to sleep in the
corra:l at Arenoso on this side of the Arroyo Cleto.
They returned to pass this [one] on the following
day, running cattle on this side of the head-waters
of Los Olmos. And returning to the cited corral at
Arenoso in order to gather the wild cattle which.17v
// they had left there, theycontinu.ed on their
march to Las Mulas Ranch, arriving about nine or ten
during the night. Here on. the following day they
divided the unbranded cattle, which they had brought,
into equal parts by the count of five head [of cattle].
It seems to him [that] they lacked two or three head
in order to complete this number. Each one put his
respective mark [on his cattle]. Only the witness
branded. what he obtained. They slaughtered two head
86
of cattle of [about] one year old. [They slaughtered]
one during the days of the running; and the other,
at the ranch. They watched [the cattle]. afterwards
for several days so that it would become accustomed
[to its corral].
Questioned: If he knows or has more to say concerning
this matter. If he would certify what he has declared.
How old is he; and if he would sign this. He said:
He has no more to say on the matter. That he would
ratify what he has expressed. That he is forty years
old. And he signed this with me and my attesting
witnesses, to which I certify.
J[uan] M[aria] El Baron de Ripperda
[Rubric]
Ju[an] Andres Albares Travieso
[Rubric]
In attendance: In attendance:
Fern[and]o de Beramendi Antonio de las Barzenas
[Rubric] [Rubric]
[D.S., 16-17v pp., in E. 10/19/1778-12/10/1778]
87
Writ In the said royal Pres[idi]o and Villa,
on the thirtieth day of the month of
October of one thousand seven hundred and seventy-
eight, I, the named Governor, [am] acting as is
stated. [I] have seen the state of these proceedings18 11.
and the proofs which resulted from them
in the crime for which the Regidor Don Juan Andres
Travieso, Fran[cisc]o Antonio Flores, Josef Andres
Hernandez, Juan Josef Flores, and Melchor Ximienez
are accused. The first two [are accused] according
to what appears in these expressed proceedings. And
the last three [are accused] by the lawsu.it ma,de . by
various individuals which [is] principally against
Juan Josef Flores and Josef Andres Hernandez [since]
they had committed perjury. I should order and do
order taken the confessions of the witnesses examined
in the present [proceedings]. They are to be charged
and accused in the [manner] most conducive to the
better proof of the expressed crime. And before me,
as such, I approve, order, and affirm, to which I
attest. --
J[uan] M[aria] El Baro.n de Ripperda
[Rubric]
88
In attendance: In attendance:
Fern[and] o,: de Beramendi Antonio de las Barzeri:as
[Rubric] [Rubric]
[D.S., 17v-18 pp., in E. 10/19/1778-12/10/1778]
Confession of In compliance to the writ which
Fran[cisc]o precedes, I ordered Fran[cisc]o
Antonio Flores, Antonio Flores to appea.r.before
of the age of me in order to obtain his con-
22 years. fession. [I] rec-eived hirn
under the oath of God Our Lord
and a sign of the Cross according to the law. Under
this obligation, he ;prom.ised to tell the truth in
what he was qu.e,stioned. And in so doing, [he was
asked] if he were named Fran[cisc]o Antonio Flores,
if he were a citizen and born in this Pres[idi]o,18v
what occupation does he have, // and if he were
twenty-two years old. He said': It is true jthat]'
he is named Fran[cisc]o Antonio Flores, a citizen
89
and born in this Presidio, employed in the activities
of the field. And that he is certain that he is
twenty-two years old, more or less, according to
what he has stated in his deposition which he has
given in these proceedings and [which] appears from
page four to. the back of. [page] six. And should he ask,
he may see and read [it]. And having seen and read
it, word for word, he said: It is the same [one] which
he has given and that what is written in it is the
same which the witness had declared, ratifying its
contents. He declares it now again and will declare
it in the future about those whom he has cited when-
ever he is questioned about them.
Questioned: During which time did they make the
[cattle] running which he had previously denied and
which he has declared in these proceedings. He said:
He does not remember when it occurred, but that he
is certain [that] it happened after the citizen
Miguel Leal was killed. And having appeared. in these
proceedings, the said death occurred at the beginning
of the-la.st August.. It is proven [that] the said
running occurred within the term of fou.r months [in]
which the gatherings of unbranded cattle, which were
made during that [time], were being examined.
9o19 12
Questioned: If he would ratify what he has // //
expressed in the confession. He said: He would
ratify it because it is the truth. [Since] he had no
more to say on the matter, for this reason, I ordered.
the present confession suspended in this state in
order to prosecute it when it is litigated. And the
witness said: That everything that he has said is
the truth. And since he did not know how to write,
he made a sign of the Cross before me, to which I
attest.
J[uan] M[aria].El Baron de Ripperda
jRubric].
[Cross]
attendance: In.,-attendance:
Fern[and]o de Beramendi Antonio de las Barzenas
[Rubric] [Rubric]
[D.S.., 18-19 pp., in E. 10./19/1778_
12/10/1778]
91
Confession of In the same manner, I ordered
Juan Padron, of Juan Padron to appear before
the age of 40 me in order to obtain his
years. confession. I received him
under the oath of God Our Lord and a sign of the Cross
according to the law. Under this obligation, he
promised to tell the truth in what he was questioned.
And in so doing, [he was asked] if he were named Juan
Padron, if he were a citizen and born in this Presidio,
in what is he employed, and if he were more or less
thirty years old. He said: It is true that he is
named Juan Padron, is a citizen and born in this
Presidio, that he is employed in the activities of the
field, and that he is thirty years old, more or less.19v
Accordingly, he has expressed it in his // deposi-
tion which appears in these proceedings from the back
of page six up to [page] nine. That should he ask,
he.may see and read it. And having seen and read it,
he said: It is the same which he has given; and what
is written in it is the same which the witness had
declared at that time. Having ratified its contents,
he states it now again and shall state it whenever
92
he is interrogated and before those whom he has cited
in his deposition because it is the truth.
Questioned: If he would ratify what he has said in
this confession. He said: That he would ratify what
he has expressed in this confession because it is the
truth. And in this state, I ordered this confession
suspended in order to prosecute it whenever it may be
necessary. And the witness said that what he has
stated is the truth. And since he did not know how
to sign his name, he made a sign of the Cross before
me, to which I attest.
J[uan] M[aria.] El Baron de Ripperda
[Rubric]
[Cross]
In attendance: In attendance:
Fern[a.nd]o de Beramendi Antonio de las Barzenas
[Rubric] [Rubric]
[D. S. , 19-19v :pp. , in E. l0/19/1778-12/10/1778]
93
Confession of20 13
the
Regidor p on
Juan And [ re] s
Travieso, of the
In the same manner, I ordered20 13
// // the ReFidor p o n
Juan Andres Travieso to appear
before me in order to obtain
his confession. I received him
age of 40 years. under the oath of God Our Lord
and a sign of the Cross. Under this charge, he offered
to tell the truth in what he was a.sked.. And in so
doing, [he was asked] if he were named D on Juan
Andres Travieso, if he were a citizen and born in
this Pres idi]o, in what is he employed, and if he is
forty years old.- He said: It is true [that] he is
named D o In Juan Andres Travieso, a citizen and born
in this Presridi]o, employed in cultivation and in
caring for his property, and that he is forty years
old. Accordingly, he has stated it in his deposition
which he has given and [which] appears in these pro-
ceedings from pages nine to the back of [page] ten.
That should he ask, he may see and read it. And having
seen and read it, word for word, he said: It is the
same which he has given; and what is written in it
is the same which the witness had declared. Having
ratified its contents, he states it now again and
94
will state whenever.he is questioned about it and
before those individuals who are cited in his deposi-
tion because it is the truth. ,- - - -20v
// Questioned: If he would ratify wha.t he has
said in this confession. He said: He would ratify
it because it is the truth. And in this state, I
ordered the present confession suspended in order to
prosecute it whenever it may be necessary. And the
witness said that what he has said is the truth. And
he signed it jointly with me and my attesting wit-
nesses, to which I attest. - We are certai
It is valid
J[uan] M[aria] El Baron de Ripperda
[Rubric]
n -----
Ju.[an] Andres Albares Trabieso [sic]
[Rubric]
In attendance: In attendance:
Fern[and]o de Beramendi Antonio de las Barzenas
[Rubric] [Rubric]
[D.S., l9v-20v pp., in E. 10/19/1778-12/10/1778]
95
Writ of In the royal Presidio of San
Transmission Antonio de Bexar and Villa of
to the new S[a]n Fernando, on the thirty-
governor first day of the month of
October of one thousand seven
hundred and seventy-eight, I, the Governor of this
Province, Don Juan M[ari]a de Ripperda, [the] Baron
de Ripperda, [am] acting as was stated. [Since] His
Majesty, may God protect him9 has conferred the
governorship of this Province tin.der my charge to
the Colonel of his armies Don Domingo Cavello,
he must take possession of it on the day of tomorrow,
the first of November, in his said position. I
should command by the present order that the Regidor
DLo n Juan Andres Travieso be maintained under arrest
[and that] Juan Josef Flores [be maintained] in his
house under bond. And [being maintained] at the
guard-house in chains [are] Josef Andres Hernandez,21 14
Francisco Antonio Flores, and // // Melchor
Xi.mienez. Transfer these writs, in the state in which
they are found, to the court of justice of the said
Lord Governor. As such, I approve, order, and affirm,
96
to which I attest. ------------------------------------
J[uan] M[aria] El Baron de Ripperda
[Rubric]
In attendance: In attendance:
Fern[and]o de Beramendi Antonio de las Barzenas
[Rubric] [Rubric]
[D.S., 20v-21 pp., in E. 10/19/1778-12/10/1778]
[c. in h.]
Writ. In the royal Presidio of S[a]n
Antonio de Bexa:r and Villa
of S[a]n Fernando, on the seventh day of the month
of November of one thousand seven hundred and seventy-
eight years, I, D o n Domingo Cabello, Colonel of the
Royal Armies, Commandant General of the Troops of
the Province of Texas, its Missions, Conquests, and
Frontiers, and Captain of the Cavalry Company of
this Royal Presidio' of S[a]n Ant[oni]o de Boxar,
97
declare that, having seen this case and [since] its
principal source originated in the writs which the
Lord Colonel Baron de Ripperda, my predecessor,
instituted against various individual citizens of
this V ill a for having proceeded without any authority
to run and to gather a portion of the bovine cattle
belonging to the Mission of La Bahia del Espiritu
Santo, they have contradicted a provision of the
First Article of the Proclamation issued by the Lord2lv
Commandant General // of these Interior Provinces
of the Kingdom of New Spain. And it has been obeyed
in this territory [since] it was published in this said
V i.ll a on the twelfth day of the month of January
of this current year. And [since], in this said case,
the crime of perjury, for which Fran[cis]co Antonio
Flores, J[ose]ph [sic] Andres Hernandez, Melchor
Jimenes, and the R2Zidor p o n Juan Andres Albares
Travieso are a.ccused, has not been sufficiently proven,
this makes it necessary, for it, [that] the cited
writs formed by the aforementioned Lord Baron de
Ripperda, my predecessor, be brought to view. In
concern [that] this case is brief due to the lack of
98
documents, [these documents] are found in that [writ]
to which the writ refers since it heads this lawsuit.
And having realized in this territory that the referred
writs have been transferred to the Commandant General
because they are in order for the sentence, for this
reason, it is not possible to deduce from them that
which is most convenient for the prosecution and deter-
mination of these [writs]. I should order and do com-
mand that in the meantime since the expressed Commandant22 15
General has not determined // // what he must do
with those individualsincluded in it, those [.men]
contained in this be maintained in the prison in which
they are now until the complete resolution of this
Article. Accordingly, by these results, I may proceed
to this other [decision] in the manner best prescribed
by the law without prejudice to whatever,results.
And let them be.so informed. As such I approve, order,
and affirm before the attesting witnesses with whom
I act due to the lack of a notary. [I am] doing it
on this ordinary paper since we do not have any
stamped [paper], to which I certify: Transmitted
case [:is] not valid. -
99
Dom[ing] o Cabello
[Rubric]
Fern[andjo de Beramendi Man;[ue]l Flores y Valdes
[Rubric] [Rubric]
Attesting witness Attesting witness
[A.D.S., 21-22 pp., in E. 10/19/1778-12/10/1778]
Royal Pres f idi] o of S[a]n Ant[oni]o de Bex[a]r,
November 9[th] of 1778: Account: On this da.y, I,22v
the aforementioned Governor, // notified in person
Fran[cis]co Ant[oni]o Flores, J.[ose]ph [sic] Andres
Hernandez, Melchor Ximenes, and D o n Juan Andres
Albares Travieso [of] what was provided in the pre-
ceding writ. To this, they said [that] they heard
and would obey it. And each citizen would answer
individually in writing. Since [this] is evidenced,
I submit it posthaste.
Cabello
[Rubric]
[A.D.S., 22-22v pp., in E. 10/19/1778-12/10/1778]
23 16[Cross]
Lord Governor
100.
[I], Francisco Antonio Flores, a citizen of
this Villa of San Fernando, am appearing before
Your Lordship in the manner best prescribed by
law and to my benefit. And I state that, in
consideration of the many debts which follow me
in the imprisonment which [was] by order of
Lord Don Juan Maria de Ripperda, [the] Baron
de Ripperda, predecessor of Your Lordship, I
am suffering in this guard-house because the time
for branding cattle is already at hand. And. I
have not as yet fixed my corrals, nor have I
done other preparations for this goal. And
moreover, I still have my corn in cultivation.
This is ready to be harvested. And I may lose
this irremediably unless I attend to it in time.
For this reason, I humbly beg Your Lordship to
deign to give me [my] freedom from this prison.
I am presenting as my bondsman and [for] all which
resulted against me in the lawsuit which has
23vbeen // formed against me for having gone
101
to gather unbranded cattle, according to what
they said, from the Mission of Espiritu Santo,
Don Joachin Menchaca, present Reaidor of this
Villa, for all of this.
To Your Lordship: I again do beg [You] to do
and to provide as I ask so that from it every-
thing may turn out well for me. And justice is
what I ask as I submit this, my petition, in
the 'present general paper since I did not execute
this competently in legal terms. I do swear
[that] it is not malicious. And in the necessity
of '.lbeing] for Your Lordship, it does excel.
On behalf of the petitioner
Pedro J[ose]ph [sic] Texada
[Rubric]
[D.S., 23-23v pp., in E. 10/lg/1778-12/10/1778]
[c. in h.]
Decree. I have seen that which this party has publi-
102
cized to grant the relief of his imprisonment
under a bail bond, secured [by] consent in the
correct manner, with the precise and indispensable
obligation by the law to be at this court of
justice. And in order to formalize this said
document, I am transferring it to the alc (a.ldle
de rimer voto of this Villa in order to form the
contract of the security bond according to the
law. And this said [alcalde] should bring it
to this court of justice so that it can be24 17
added to the writs on // // the matter. As
such do I, Don Domingo Cabello, Colonel of the
Royal Armies, Governor and Commandant General
of the Troops of the Province of Texas, its
Missions, Conquests, and Frontiers, and Captain
of the Company of this Royal Pres[idi]o of San
Antonio de Bexar, approve, command, and affirm
on the twenty-fifth day of the month of November
of the year one thousand seven hundred and
seventy-eight before the attesting witnesses
with whom I am acting due to the lack of a
notary. I am doing it on this ordinary paper
103
since we do not have any stamped [paper],
which I certify.
Dom[ing]o Cabello
[Rubric]
Fern[and]o de Beramendi Man[ue]1 Flores y Valdes
[Rubric] [Rubric]
Attesting witness Attesting witness
[D.S., 23v-24 pp., in E. l0/19/1778-12/l0/1778]
2 4vf^ [Blank page]
25 18// // [Cross]
104
In the Villa of San Fernando and Royal Presidio of
San Antonio de Be'xar, on the twenty-seventh day of
the month of November of the year one thousand seven.
hundred and seventy-eight, [I], Don J[ose]ph [sic]
Phelix [sic] Menchaca, Alcalde Ordinario de la Primera
[Instancia] of this Villa, ordered Don Joachin
Menchaca, present Regidor of this said Villa, whom I
certify to know, to appear before me and my attesting
witnesses with whom I am acting as a receptoria due
to the lack of a notary, [either] public or royal,
since there is none and on this present ordinary
paper because there is no stamped [paper]. And be
said that, since Fran[cis]co Antonio Flores, citizen
of this enunciated Villa and Presidio, is a prisoner
in the guard-house and he [Joachin Menchaca] is an
otorgante, he would like to make bail bond. And
putting this into effect as is best prescribed by law,
he is sure and knowledgeable of what, in this case,
it pertains, commands, and acknowledges for the pre-
sent. And he constitutes himself, as a bondsman,
lay, sincere, true, and creditable, for the said
105
Francisco Flores so that he may be set free from the
prison where he finds himself, becoming entirely
free of it. And if, for this reason, he leaves this
Villa and takes flight so that his person cannot be
had, the said otorgante is obliged to give another
of his proper motives, because [neither] excursion,
other judicial proceedings from outside, nor the law
whose benefits he renounces and [those benefits]
from the Leyes Sansimus de la Entrega e Pru.eba will
precede. And he is obligated, in case he is missing
when he is summoned, to suffer the penalty and to
submit to it according to the sentence which was given
against the said Fran[cis]co Antonio Flores [and]
against his property. And not having completed the
amount which he was fined, the said otorgante is25v
obligated to make it up in person // [with] his
landed property, owned and to be owned. And he grants
the power and authority to all of the justices
and magistrates of His Majesty of whichever territory
they may be and especially those of this Villa so
that, as such, he would be made to comply, to keep,
and to renounce all the laws which are in his favor
and [his] right. As such, he consents and affirms
106
[remainder of line illegible] with me and rny attesting
[witnesses] with whom I am acting as is stated. I
certify it.all. This transmitted line Is not
valid - between the lines.
J[ose]ph [sic] Phelix [sic] Menchaca
[Rubric]
Juachin Menchaca
[Rubric]
Pedro J[ose]ph [sic] Texada Luis Mariano Menchaca
[Rubric] [Rubric]
Attesting witness Attesting witness
[D.S., 25-25v pp., in E . 10/19/1778 -12/10/1778]
[c. in h.]
Decree: In consequence, [since] Fran[cis]co Ant[oni]o
Flores has executed, in a competent manner,
the corresponding bail according'to the law,
let him be released. As by this [decree],
1
107
he is to be released from his imprisonment
and given his liberty until his [appointed]
time and date. Collect the writs on the
subject. As such, do I, D o n Domingo
Cabello, Colonel of the Royal Armies,
Governor and Commandant General of the
Troops of the Province of Texas, the Missions,
Conquests, and Frontiers, and Captain of
the Company of this Royal Pres[idi]o of
S[a]n Antonio de Bexa-r, approve, command,
and affirm on the twenty-eighth day of
the month of November of the year one
thousand seven hundred and seventy=eight
before the attesting witnesses with whom26 19
I am acting due to the lack of // //
a notary, making it on this ordinary paper
because there is no stamped [paper], to
which I certify.
Cabello
[Rubric]
108
Fern[and]o de Beramendi
[Ru.bric]
Attesting witness
1`2an[u.e] 1 Flores y Valdes
[Ru.bric]
Attesting witness
[ D. S., 25 v-26pp ., in E. 10/19/1778-
26v// [ Bla.nk page]
12/10/17781
27 20// // [Cross]
Lord Governor
log
Sir:
[I], Josef Andres Hernandez, citizen of this Villa
of San Fernando and Royal Presidio of San Antonio
de Bexa.r, a prisoner in this 'public jail, am appearing
before Your Lordship with the greatest humiliation.
And I state [that] since the reason for my imprison-
ment is the writs 'Which have been prosecuted in this
court of justice concerning the unbranded stock be-
fore the Lord Governor p o Jn Juan Maria, Ba.ron de
Ripperda, predecessor of Your Lordship, with your
great mercy, you have condescended to receive the
bond from the other parties who are found to be
prisoners in this same matter. They offer this sure
[bond] from jail until the conclusion of the said
writs. For this, I beg Your Lordship to condescend
to give me my freedon presenting a sure jail bonds-
man until the conclusion. For this purpose, I offer
as my bondsma.n, Josef Plasido Hernandes, my brother,
110
who will be [bondsman] in every manner before the
royal judge. This is my petition by which I implore
the charity of Your Lordship. However, [by] remain-
ing in prison, my poor corn-field will be lost as
well as the time for branding [which] is passing.
My grain is in much danger because I have nothing
in which to enclose it nor have anyone who is able to
do it for me. I hope that the paternal love of
Your Lordship will see me with charity so that from27v
this event I will not lose what I have // and am
risking in these fields. And for all this:
I beg and plead of You.r Lordship [that] you condescend.
to accept this, my writing, on ordinary paper since
there is none stamped. And I swear, in the proper
manner, that my petition is true and [that] none
[is] malicious. I do not sign since I do not know
[how].. And by necessity, the above is true [testi-
mony].
On behalf of the party
Josef Manu[e]1 Contreras
[Rubric]
[D.S., 27-27v pp., in E. 10/19/1778-12/10/1778]
ill
[c. in h.]
Decree. [I] have seen that which is publicized
by this party. Let him be granted the
release from his imprisonment under a bail
bond secured [by] consent, in the correct
manner, with the precise and indispensable
obligation to be at this court of justice
by law. And in order to formalize the said
document, I am transferring [it] to the
Alc ald]e de rimer voto of this Villa
for the purpose of forming the writing of
the contract with bondsmen according t
the law.. And [on the] appointed date,
bring [this] to this court of justice so
that it can be joined. with the.vrrits on
the subject. As such, do I, Don Domingo28 21
Cabello, // Colonel of the Royal
Armies, Governor [and] Commandant General
of the Troops of the Province of Texas,
its Missions, Conqu.ests, and Frontiers,
and Captain of the Company of this Royal
PresLidi]o of San Antonio de Bexar, approve,
112
order, and affirm on the twenty-fifth
day of the month of November of the year
one thousand seven hundred and seventy-
eight before the attesting witnesses with
whom I am acting due to the lack of a notary,
making it on this ordinary paper.since there
is none stamped, to which I'certify.
Dom[ing]o Cabello
[Rubric]
Fern[and]o de Beramendi
[Rubric]
Attesting witness
Man[ue]l Flores y Va.ldes
[Rubric]
Attesting witness
[D.S., 27v-28 pp., in E. 10/lg/1778-
12/10/1778]
28v// [Blank Page]
29 22[Cross]
113
In the Villa of San Fernando and Royal.Presidio of
San Ant[oni] o de Bexar, on the tv:-enty-seven.th.day of
the month of November of the year one thousand seven
hundred and seventy-eight, [I], Don J[ose]ph [sic]
Phelix [sic] Menchaca, Alcalde Ordinario de la Primera
[Instancia.] of of [sic] this Villa, ordered the citizen
Juan Peres, whom I swear to know, to appear before me
and my attesting witnesses with whom I am acting as
receptoria due to'the lack of a notary, [either]
public or royal, since there is none and on this
present ordinary paper since there is none stamped.
And he said that since Melchor Ximenes of this
vicinity is a prisoner in the guard-house and this one
[Peres] is an otorgante, he would like to make jail
bond. And putting this into effect as is best pre-
scribed by law, he is sure and knowledgeable of what
pertains in this case. He consents and realizes by
the present [document]. And he constitutes himself
as a lay, sincere, true, and creditable bondsman
for the said Melchor Ximenes so that he may be given
his freedom from the prison in which he finds himself.
114
And if, for this reason, he departs from this Villa
and takes flight so that his person cannot be had,
the said. otorgante is obligated to make the cause of
another his very own since [neither] excu.rsion, other
judicial or legal proceedings from outside, whose
benefits he renounces, nor the Le.yes Sansimus de la
Entrega e Pru.eba shall precede. And in case he fails
[to appear] when he is summoned, he is obligated to
pay or to suffer the penalty according to the sentence
which was declared against the said Melchor Ximenes
[and against] the property of this [man]. And if
the amount which he was fined has not been.completed,
the said otorgante is obligated.to make it up in
person [and by] his landed property; owned and yet
to be owned. And he grants power and authority to.
all of the magistrates.and justices of His Majesty
of whichever territory they may be and especially
to those of this said Villa so that as such he will
be made to comply, to keep, and to renounce all of
the laws in his favor and [in his] right. As such he
authorized it. Since he did not know how to do this,
he asked D o n Miguel Jorge Menchaca of this vicinity
115
to sign it for him. He [Menchaca] signed it with me
and those in my attendance with whom I am acting
as is stated. I certify all of the above.
J[ose]ph [sic] Phelix [sic] Menchaca
[Rubric]
On behalf of:
Mig[ue]1 Menchaca.
[Rubric]
Pedro J[ ose] ph [sic] Texada
[Rubric]
Attesting witness
Luis Mariano Menchaca
[Rubric]
Attesting witness
[D.S., 29 p.; in E . 1o/1g/1778-12/10/1778]
29v// [c. in h.]
Decree: Consequently, [since] Jose Andres Hernan[de]z
116
has authorized. his corresponding bond in a
competent manner according to the law, let
him be released. He is to be released
from his prison through this [decree] and
given his freedom until his time and date.
Gather the writs on the subject. As such
do I, Don Domingo Cabello, Colonel of the
Royal Armies, Governor and Commandant
General of the Troops of the Province of
Texas, its Missions, Conquests, and Frontiers,
and Captain of the Company of this Royal
Pres(idi]o of San Antonio de Bex,ar, approve,
order, and affirm on the twenty-eighth day
of the month of November of the year one
thousand seven hundred and seventy-eight
before the attesting witnesses with whom
I am acting due to the lack of a notary,
making it on this ordinary paper since
.there is none stamped, whi.ch.I certify.
Cabello
[Rubric]
117
Fern[a.nd] o de Beramendi
[Rubric]
Attesting witness
Man[ue]1 Flores y Valdes
[Rubric]
Attesting witness
[D.S., 29v p., in E. 10/19/1778-12/10/1778]
30// [Written in large letters and centered on the
page] Blank
3oV// [Blank Page]
31 23[Cross]
Lord Governor
Sir:
118
[ I] , Melchor Ximenes, citizen of this Villa of San
Fernando and Royal Presidio of San Antonio de Boxar,
am appearing before Your Lordship with the greatest
humility. And I declare that, in view of the writs
which have been prosecuted in this court of justice
before the Lord Governor p o Jn Juan Maria., the Ba.ron
de Ri.pperda, concerning the unbranded [cattle], I
have been made a prisoner in the guard-[house] for
this reason. And at the present [time], I am using
my house as a jail. For this, [I have] as bondsman
the person of Josef Antonio Gutier[r]es, also a citizen
of this a..lready mentioned [Villa and Presidio]. All
this restored my health which I had lost. And at
the present [time], I find myself unable to be able
to maintain my poor family since I am not able to
leave to work. [For] this reason, they are going
through what [only] God knows. As such, I had no
119
other means than my wages for each day in order to
feed them. [For] this reason, I find myself in the
manner in which I am, because when the comprehended
[men] went on the [cattle] running, I had much earlier
complied with Josef Andres Hernandez who, as my
master, took me as he was usually accustomed [to
doing] in everything which was in his service. And
I made this same [fact] clear to the Lord Governor,
the predecessor to Your Lordship, as is evidenced
by the said writs. Therefore, for this, it is neces-
sary for me to implore the charity and paternal love
of Your Lordship so that you may set me at liberty.
I have given [as] a sure bondsman Juan Perez, citizen
of the already mentioned [Villa and Presidio], until
the conclusion. He is obligated in every manner
before the royal judge by his person and [his] property,31v
owned and to be owned, to the // security of the
said bond. For this reason, I hope [that] Your
Lordship will view me with eyes of mercy for this
unfortunate family and for all this [here] bequeathed.
----Revoked Transmitted, not valid
between the lines [for] me ---- It is valid
120
To Your Lordship. I ask and do plead to condescend
to accept this, my writing, on common paper since
there is none stamped. And I swear, in the proper
manner, [that] my petition is true and [is] not in
the least malicious. I do not sign [this] since I
do not know how. It is evidenced, and by necessity,
the above is true testimony.
On behalf of the party
Josef Manu[e]1 Contreras
[Rubric]
[D.S., 31-31v pp., in E. 10/l9/1778-12/10/1778]
[c. in h.]
Decree: I have seen what has been publicized by
this party. Let him be granted the remis-
sion of his imprisonment under the assured.
jail bond authorized in the proper manner
with the precise and indispensable obligation
to be at this court of justice according
to the law. And in order to formalize the
said document, let it be transferred to
the Alc ald] e de Primer Voto of this Villa
121
in order to form the petition for bond with
the bondssnen according to the law. And on
the [appointed] date, bring this to this
court of justice so that it can be joined
to the writs on the matter. As such, do32 24
Don Domingo Cabello, Colonel
of the Royal Armies, Governor and Commandant
General of the Troops of the Province of
Texas, its Missions, Conquests, and Frontiers,
and Capta.in of the Company of this Royal
Presfidilo of San Antonio de Bexar, approve,
order, and affirm, on the twenty-fifth day
of the month of November of the year one
thousand seven hundred and seventy-eight
before my attesting witnesses with whom
I am acting due to the lack of a notary,
making it on this common paper since there
is none stamped, to which I certify.
Dom[ing]o Cabello
[Rubric]
122
Fern[and]o de. Beramendi
[Rubric]
Attesting witness
Man[ue]l Flores y Valdes
[Rubric]
Attesting witness
[D.S., 31v-32 pp., in E. 10/19/1778-12/10/
1778]
32v// [Blank Page]
0
33 25// // [Cross]
123
In the Villa of San Fernando and Royal Presidio of
San Antonio de Bexar, on the twenty-seventh day of
the month of November of the year one thousand seven
hundred and seventy-eight, [I], Don J[ose]ph [sic]
Phelix [sic] Menchaca, Alcalde Ordinario de la Primera
[Instancia] of this said Villa, commanded before me
and the attesting witnesses with whom I am acting as
receptoria due to the lack of a notary, [either]
:public or royal, since there is none, and on the
present, ordinary pa.per since there is none stamped,
Don J[ose]ph [sic] Antonio Curbe.lo, citizen of this
aforementioned Villa, vjhom I attest to know. And he
said that inasmuch as J[ose]ph [sic] Andres Hernandez,
also a citizen of this aforementioned Villa, is a
prisoner in the guard-house, this otorgante wants
to [be] made bondsman and to put it into effect as
is best prescribed by law. And he is sure and know-
ledgeable of what pertains in this case, [what] is
stipulated, and [what] is realized for the present.
And he constitutes himself as a lay, sincere, true,
and honorable bondsman.for the said J[ose]ph [sic]
7.24
Andres Her[nande]z so that he may be set at liberty
from the prison in which he finds himself. He will
remain entirely free of it. And if, for this reason,
he departs from this Villa and becomes a fugitive so
that his person cannot be had, the said otorgante is
obligated to make the cause of another his very own
since [neither] excur•sion, other judicial proceedings
from outside, the law whose benefits he renou.n.ces,
[nor] the Leyes Sansimus de la, EntreCa e Prueba
will prevail. And he is obli:gated., in case he is
missing when he is summoned, to pay or suffer the
penalty according to the sentence which was declared
against the said J[ose]ph [sic] Andres Hernandes
[and against] his property. And [if] the amount which
he is fined is not complete, the said otorgante is
obligated to make it.up in person and [with] his33v
property, owned and to be owned.. And he grants //
power and authority to all of the justices and magis-
trates of Your Majesty in whichever territory they
are in, especially to those of this aforementioned
Villa so that as such they will make him comply,
keep, and renounce all the laws which are in his favor
125
and right. As such he authorized and signed with me
and my attesting witnesses with whom I am acting
is stated. I certify it all.
J[ose]ph [sic] Phelix. [sic] Menchaca
[Rubric]
J[ose]ph Ant[oni]o Curbelo
[Rubric]
Pedro J[ose]ph Texada
[Rubric]
Attesting witness
Luis Mariano Menchaca
[Rubric]
Attesting witness
[D.S., 33-33V pp., in E. 10/19/1778-12/10/1778]
[c. in h.]
Decree: Consequently, [since] Melchor Ximenes has
authorized his corresponding bail bond in
126
_a competent manner according to the law, let
him be released. He is. to be released from
his prison by this [decree] and be placed
at liberty until his time and date. Gather
the writs on the matter. As such do I,
D o n.Domingo Cabello, Colonel of the Royal
Armies, Governor and Commandant General of
the Troops of the Province of Texas, its
Missions, Conquests, and Frontiers, and
Captain of the Company of this Royal
Pres(idilo of S[a]n Antonio de Be"xar,
a,pprove, order, and affirm on the twenty-
eighth day of the month of November of the
year one thou.sand.seven hundred and seventy-
eight before my attesting witnesses with
whom I am acting du.e. to the lack of a
notary, making it on this common paper34 26
since there is none stamped, to
which I certify.
Ca.bello.
[Rubric]
127
Fern [ and] o de Beramendi
[Rubric]
Attesting witness
Man[u.e]1 Flores y Valdes
[Rubric]
Attesting witness
[D.S., 33v-34 pp., in E. 10/19/1778-12/10/
1778]
34v// [Blank Page]
35 27[Cross
Lord Governor
128
[I], D o n Juan Andres Alvares Travieso, ReEidor
of this Villa of San Fernando, do appear before
Your Lordship in the manner best prescribed. by
la,^,Vr and. to my convenience. And I state t:hat,
through the original contracts of obligation
which Our Sovereign, the King, Our Lord (May
God keep him) grants to us, the sons of the
founding fathers, as I am,,so that we may be
attended to, we are to be given the best treat-
ment which is required according to [that] pro-
vided in his royal decree, which is for the
archives of this said Villa. And I have found
myself arrested since the thirteenth day of the
past month of October by the order of the Lord
Baron de Ripperda, predecessor to Your Lordship,
withou.t having the reason for such a long impri-
sonment. Therefore, even though, a testimony
has been transferred to me and the other citizens,
129
it is not even as exact as it should be in that
it charges us with having taken the property
of another, which was properly ours since it
was produced by our own cattle. We have re-
sponded the same to.the said charge. And the
offense has been only that of having defied the
order from the Lord General in having branded
and marked [the cattle]. We have done this,
understanding that since this was permitted by
the Missions, the additional [cattle] was to be35v
sold publicly // in the Plaza de Armas. The
unbranded cattle had not been branded or marked
recently. Therefore, we judged that it had
already been permitted. Moreover, the writ
from the said Lord does not permit that one
exceed the term of eight days in prison for the
first time. And my [term] has exceeded [this]
very much, without any other reason than what
has been expressed. Therefore, I beg of Your
Lordship to con.descend to place me at liberty
if, in some manner, the services which we have
made for Your Majesty and everything else would
130
be able to favor us.
To Your Lordship: I beg and plead to condescend
to order done that which he finds to be just
and to accept this, my petition, on common paper
s{lnce there is none stamped in this province,
without 'prejudice to the royal property. I
swear in the correct rnanner that this, rny petition,
is not malicious. And by necessity, the above
is true testimony.° Between the lines
the prison - It is valid ^
Ju.[an] Andres Albares Trabieso [sic]
[Rubric]
[D.s., 35-35v pp., in E. l0/19/1778-12/l0/1778]
[c. in h.]
Decree: There is no reason for what this party asks
since he does not have the necessary condi-
tion of presenting competent bail bondsmen
131
secured with the idea of being at this
court of justice, according to the law.
Therefore, in order to finally determine
the case which he cites, these results are
[to be] overlooked. As such, do I, Don
Domingo Cabello, Colonel of the Royal
Armies, Governor and Commandant General of
the Troops of the Province of Texas, its
Missions, Conquests, and Frontiers, and36 28
// // Captain of the Company of this
Royal Presfidi]o of S[a]n Ant[oni]o de
Bexar, approve, order, and affirm on the
first of December of the year one thousand
seven hundred and seventy-eight before the
attesting witnesses with whom I am acting
due to the lack of a notary, making it on
this common paper since there is none stamped,
to which I certify.
Cabello
[Rubric]
132
Fern[and] o de Beramendi
[Rubric]
Attesting witness
Man[u.e]1 Flores y Valdes
[Rubric]
Attesting witness
[D.S., 35v-36 pp., in E. 10/19/1778-
12/l0/1778]
[c. in h.]
Lord Governor
[I], D o n Juan Aridres Albares Traviesb, Re&idor
of this Villa of San Fernando, with the proper
humility and in compliance with the writ from
Your Lordship which precedes [and] in which he
states [that] I should present competent bail
bondsmen which are to the pleasure of Your
Lordship, have been prompt in presenting them
according to [what] he commands and in every-
thing else which may be to his superior pleasure.
Ju[an] Andres Albares Trabieso [sic]
[Rubric]
0
133
[D.s., 36 p., in E. 10/lg/1778-12/10/1778]
[c. in h.]
Decree: To the person presented: Let him be granted
release from his prison under the secure
bail bond authorized in the proper manner
With the necessary and indispensable obli-
gation to be at this court of justice, by36v
the law, according to what is provided //
in the decree from the first of the current
[month]. For this purpose, transfer [it]
to the Alc[ald]e Ordinario de Primer Voto
of this Villa so that he may form the-
petl.tion for bond within the prestated
terms. And [on the appointed] date, bring
it to this court of justice in order to
join it with these docu.ments to the writs
on the matter. As such do I, D o n Domingo
Cabello, Colonel of the Royal Armies,
Governor and Cormilandant General of the
Troops of.the Province of Texas, its Missions,
Conquests, and Frontiers, and Captain of
134
the Company of this Royal Pres[idi]o of
S[a]n Ant[oni]o de Bexar, approve, order,
and affirm on the sixth day of the month
of December of the year one thousand seven.
hundred and seventy-eight before the attest-
ing witnesses with whom I am acting due to
the lack of a notary, making it on this
common paper since there is none stamped,
to which I certify.
Cabello
[Rubric]
Fern[and]o de Beramendi
[Rubric]
Attesting witness
Man[ue]l Flores y Valdes
[Rubric]
Attesting witness
[D.S., 36-36v pp., in E. 10/19/177g-
12/1C/1778]
37 29// // [Cross]
In the Villa of San Fernando and Royal Presidio of
San Antonio de Bexar, on the ninth day of the month
of December of the year one thousand seven hundred
and seventy-eight, [I], Don Phelix. [sic] Menchaca,
Alcalde Ordinario de la Primera. [Instancia] of this
Villa, commanded Don Salvador Rodriguez of this
vicinity, whom I attest to know, to appear before
135
me and the,witnesses in my attendance with whom I
am acting as a receptoria due to the' lack of a. notary,
[either] public or royal, since there is none, and
on the present, common paper since there is none
stamped. And he said that inasmuch as Don Ju.an
Andres Travieso, ReZidor of this said Villa, is a
prisoner in his house and [since] this [man is] an
otorgante, he wishes to make bail bond. And putting
.it into effect as is best prescribed by law, he is
sure and knowledgeable of what pertains to it in
this case, [of what] is authorized, and [of what]
is realized for the present. And he constitutes
himself as a lay, sincere, true, and honorable bonds-
136
man for the said Don Juan Andres Travieso so that he
may be set at liberty from the prison in which he
finds himself. He will remain entirely free of it.
And if, for this reason, he departs from this Villa
and becomes a fugitive so that his person cannot be
taken, the said otorgaante is obligated to make the
cause of another his very. own since [neither] excur-
sion, other proceedings from outside, the law, whose
benefits he renounces, [nor] the Leyes Sansimu.s de
la EntreZa a Prueba will prevail. And in the case
that he is missing when he is summoned, he is obligated
to pay or to suffer the penalty according to the sen-
tence which was given against the said D o n Juan
Andres Travieso [and] his property. And if the
amount which he was fined is not complete, the said
otorgante is obligated, to make it up in person [with]
his landed property, owned and to be owned. And he
grants power and authority to all of the justices and
magistrates of Your Majesty of whichever territory
they might be and especially to those of this Villa
so that, as such, he will be made to comply and to
.maintain [it]. And he renounces all of the laws
which are in his favor and right. As such, he author-37V
izes and affirms with me and the // witnesses in
137
my attendance with whom I am acting as is stated.
I do certify.all_of the above.
Salbador [sic] Rodriguez
[Rubric]
J[ose]ph [sic] Phelix.[sic] Menchaca
.[Rubric]
Pedro J[ose]ph [si--] Texada
[Rubric]
Attesting witness
Jo[se]ph [sic] Roberto Nunez
[Rubric]
Attesting witness
[D.S., 37-37v pp., in E.. 10/19/1778-12/10/1778]
[ - in h.]
Decree. In consideration of [vuhat]. D o n Juan Andres
Albares Trabieso [sic] has been doing,.I
do doubt [that] the corresponding bond [is]
138
in a competent form according to the law.
He is to be relea.sed. by this [decree]. He
is to be freed from his prison and set at
liberty until his time and date.. Gather
the writs on the matter. As such, do I,
D o n Domingo Cabello, Colonel of the
Royal Armies, Governor and Commandant
General of the Troops of the Province of
Texas, its Missions, Conquests, and Frontiers,
and Captain of the Cavalry Company of this
Royal Presidio of S[a]n Antonio de Bexar,
provide; order, and affirm in this Villa
of San Fernando on the tenth day of the
month of December of the year one.thousand
seven hundred and seventy-eight before
.the witnesses in attendance with whom I
am acting due to the lack of a notary38 30
// // and on this common paper since
there is none stamped, to which I certify.
Cabello
[Rubric]
Fern[and]o de Beramendi
[Rubric]