Criminal proceedings officially started by the Governor. against Prudencio Barron, citizen of the presidio of

Transcription

1 21. i Texas Year of 1778 [written line, scratched] Criminal proceedings officially started by the Governor against Prudencio Barron, citizen of the presidio of San A.ritonio de Bexar and villa of San Fernando, for the violent death of Clemente Xavier [Javier] Mendez. No. 4 Original remitted

2 22. [Cross] Don Juan Maria de Ripperda, Baron de Ripperda, Colonel of cavalry, Governor of this province of Texas, its missions, conquests, and frontiers, Commandant of its Armies and of the Governor of Coahuila, with the assistance of the New Kingdom of Leon, by His Majesty, etc. In the royal presidio of San Antonio de Bexar and villa of San Fernando, on the twelfth day of March of the year seventeen hundred and seventy-five, [I am] acting as juez receptor with my attendant witnesses, in the absence of a notary, royal or public, and on this paper for there is none with a seal. Before eight o'clock in the evening I was notified that in the house of Franc[is]co Villarreal there was a young man named Clemente Xavier [Javier] Mendez who had just been stabbed [with a poignard]. Consequently, I should and did order that the wound be examined. [I also] requested the apprehension of the malefactor. This was executed immediately by a sergeant first class with two soldi.ers and by the first-ranking alcalde don Amador Delgado, though without success for [the suspect] had fled the presidio. Thus, I have sent orders to the five neighboring missions lv so that, if the person, the //citizen Prudencio Barron, should be [found] in any of them, he should be secured by

3 23. the justice of these towns, as he was seen running away as the aggressor. In order to start the corresponding proceedings, I have also ordered to take the deposition of the wounded [person] as soon as he is in a condition to give it. Thus I have delreed, ordered, and signed. All of which I certify. Baron de Ripperda Attending witness Joseph Ign? ONeale Attending witness Antonio de las Barzenas [D.S. 1-lv pp. in E ]

4 24. + In compliance with what is ordered in the,preceding writ, the wound was immediately examined before me by Pedro Duran, who was acting as [official] surgeon, after I swore him in by God Our Lord and a sign of the cross, as he offered to tell the truth. The wound, he said, had been produced by striking [the wounded man] with a folding-knife. It was not a deep cut, because [the blade] reached between his [breastbone] and the skin, about one and one-half fingers downward. Because of this, and the fact that it was not deep, [the doctor] did not find it dangerous. The parish priest had arrived immediately to confess and administer the holy oil to the wounded man, but he was 2 incapable of receiving either //sacrament because he was inebriated. In witness whereof, I certify. Baron de Ripperda Pedro duran Joseph Ign ONeale Antonio de las Barzenas ^ [D.S. lv-2 pp. in E ]

5 25. As the measures taken to apprehend the person of Prudencio Barron have.not had any results, and since the wounded man has had enough time to improve [his condition], I had him appear before me in the same royal presidio and villa on the fifteenth day of March, seventeen hundred and seventy-five. Then I took his deposition as follows: Asked if he-would swear to God Our Lord and a sign of the holy cross formed with his hand to tell the truth to whatever would be asked, he answered that thus he swore. [Then] he was asked when he had been wounded; who [had attacked him]; and for what reason [he had been attacked]. He answered that on Sunday, the twelfth day of this month, between seven and eight in the evening, he went to the house of Fran[cis]co Villarreal where he met with him and Juan Agu.stin. They had been playing seisillo with their wives, and he was talking to Juan Agustin and his wife when Bentura [Ventura] Rico arrived. Rico told the respondent to 2v go to supper, //so he [left] and was gone for a short time. As he was entering the door of the said Fran[cis]co Villarreal, Prudencio Barron came out and stabbed him in the chest. He does not know if it was with a knife or a folding-knife. Villarreal's wife began to cry: t'ay, they have killed senor Xavier [Javier]." Bentura [sic] ran after [the assailant] but he could not catch up with him, and lost

6 26. sight of him by the church. [He then was asked to tell] what previous reasons there were for Barron to stab him. He replied that about a year ago he had pawned with [Barron] a pano de sol, a half kerchief, a shirt, a belt-girdle, and two pair of white pants. There was at this time in the presidio an adjutant named don Roque de Medina who had come with a soldier named Luna. [Barron] sold to [Luna] all the said clothes, with the exception of a slightly used pair of white pants that were sold to La Mechacona. The respondent called [Barron] to account several times. On one occasion [Barron] was riding a good black horse and tried to run over him twice. The respondent threw two rocks at him, hitting [Barron] with one and the horse with the other, before [Barron] departed. Later he called [Barron] to account again. [Barron] answered that [the respondent] knew what he had done [with 3 the clothes] and to stop vexing him. //[Barron also said] that if the.respondent would give him the nine reales [Barron] had taken for the pants he had sold to La Mechacona, he would return [the pants] as soon as he should leave the prison where he was [at that time]. This the respondent did not accept, and after that he did not bring up the subject any more.

7 27. Only two days before the stabbing [took place] [Barron] met the respondent at the house of Aunt Trexita [Teresita] and asked him to go with him to the militia reserve at Fort Santa Cruz, because further on they had built a corral and had caught many mestenas. The deponent said that he was working in San Juan, and that he did not want to go exposing himself to the Indians. Later the respondent heard the wife of Villarreal saying that while she was talking to another woman that same day, [Barron] had come on the black horse and said that he was keeping and fattening his horses only to [be ready to run away], for he was going to commit a murder. Then he was asked to tell with whom he had played [cards]; what [games] he had played; and why did he come close to hitting the violinist. He responded that Thursday afternoon, around five o'clock, he was in the house of the violinist playing malilla with Leonardo Flores [as his partner] against the violinist and Juan de la Maza. Watching were: one with a blue man a called Ruvio [Rubio]; Juan Chirinos; Ju.achin [Joaquin] Guerra; Gavriel [Gabriel] Curvelo; and don Diego. His partner and he had won a game 3v //of three reales from the other two, but the violinist argued that the money on the table belonged to him. The [one called] Ruvio [sic] said that it was the deponent's

8 28. i money, and then [the violinist] insulted [Rubio] saying that he was despicable, and why didn't he mind his own business. When the deponent wanted to convince him with the same money [by counting it again], the violinist caught him by one foot and threw [the deponent to the ground] under him. The respondent threatened him with a belduque, and the violinist turned him loose. The respondent asked for the violinist's cloak to take it as a pledge of the one and one-half reales [won in the card game]. [The violinist's] wife told him to give [the cloak to the respondent], for that was what he gained by letting such niggardly people into his house. Then he was asked to tell where he had drunk the f, night when he was wounded; how much [he had drunk], for he was half out of his senses; who drank with him; and how he had paid [for the drinks]. He answered that [he drank] in the house of don Bizente [Vicente] Travieso. He spent about five reales in the several times when he went [there]. He thought it was good aguardiente, and he paid in reales. The day after the incident with the violinist, he had sold the belduq-ue to senora Leonor for one-half real in silver and another half real in aguardiente, which he thought to be from Parras. 4 //Questioned where else he had gone to drink and play

9 29. cards, he said that [he went] to drink in the two houses previously mentioned and to play cards at the house of the violinist. They usually played malilla or seisillo. Asked if he had anything else to say and if he could sign his name, he said that he did not have anything else to say and that he could not sign his name, but he would make a sign of the cross. Baron de Ripperda [Mark] Joseph Igno. ONeale Antonio de las Barzenas [D.S. 2-4 pp. in E ]

10 3. [Cross] San Antonio de Bexar, January 11, 1778 [Marked through] To the Counsellor of the Comandancia General De Croix - Dear Sir: I am remitting to the superior authority of Your Lordship the proceedings started on the twelfth day of March, year of [seventeen hundred] seventy-five, against Prudencio Barron. [He is'charged with] stabbing Clemente Javier Mendez, who died of the [wound inflicted]. Regarding the.fact that the aggressor has sought sacred [asylum], Your Lordship will dispose as you deem convenient. [I shall be glad to comply] with the orders [Your Lordship] may please to send me. I pray to God to keep your important life for many years. San Ant[oni]o de Bexar, January 11, Kissing Your Lordship's hands, [I remain] your most respectful and faithful servant. Baron de Ripperda [ Rub ric ]

11 31. Senor Caballero de Croix. [L.S. p. 5 in E J

12 32. 6 //[Cross] [Crossed through] Marginal Note San Antonio de Vejar [Bexar] January 13, 1778 To the Counsellor of the Comandancia General where the legal proceedings are. Senor Commandant General Senor: I. Prudencio Barron, citizen of this presidio under your command, appear at your feet with [Crossed through: under No. 88] De Croix the most reverent attention and say [the following] : i I have committed a homicide (which was involuntary, for I was forced to die or to defend my life) in the said presidio, three years and some months ago. Du.ring this time I have suffered what God has pleased, for in view of my highest ill fortune I was obliged to present myself before the Senor Captain don Rafael Pacheco to whom I explained the incidents [which had happened] to me. In virtue of this my surrender, he ordered me to serve in the field with the company of the said Senor Captain, which I did. He will inform Your Lordship [on this matter], should you wish it so. [At this time] we have the good fortune of Your Lordship's

13 33. fortunate arrival in this presidio, [while] I find myself in the greatest misery and without the smallest comfort. [However, I believe] that His Divine Majesty has favored 6v. us by sending relief //to these territories so that we may obtain that which we very much desire. Therefore, I hope that the charitable and righteous justice of Your Lordship will look upon me with compassion and that [you] will grant me the relief I want. At the moment I am sheltered in a sacred [place], and I would like to ask and implore of Your Lordship to please order as it would be best suited [to my case]. I ask this with the humblest obedience, for it will bring me much goodness, favor, and charity. [I also ask from you] to accept this my petition in the present paper for there is none with a seal in this province. I swear to be acting without depraved malice. [I also swear] as necessary, etc. Prudencio Barron [L.S. 6-6v pp. in E ]

14 34. [Original begins as marginal note on page 6-MN //Senor Commandant General: of the do cument] On March 12, 1775, the governor of Texas produced a document narrating [the following events]: That evening before eight o'clock he was notified that a young man named Clemente Xavier [Javier] Mendez had just been stabbed at the house of Fran[cis]co Villarreal. [The governor] ordered the apprehension of the culprit, who appeared to be Prudencio Barron. [He also ordered] that the wounds [inflicted on Mendez] be examined. This 6v-MN //was done immediately by Pedro Duran acting as official surgeon, who reported the following: [The wound] had been produced by striking with a folding-knife, but it was not very deep;[the blade] had found the breastbone and slipped downwards about one and one-half fingers, between the bone and the skin. The surgeon did not consider_it dangerous at that time. In the same document there is evidence [text continues in full page] that the rector [priest] attended to administer the sacraments of confession and extreme unction to the wounded man, but [Mendez] was incapable of receiving them, for he was inebriated. On the 15th day of the same [month], the governor took the deposition of the wounded man [which follows]. He

15 35-- declared that on the twelfth day [of March], between seven and eight in the evening, he went into the house of Fran[cis]4co Villarreal who had been playing seisillo with his wife, Juan Agustin, and Agustin's wife. As they were talking, Ventura Rico arrived and told [the deponent] to go to have supper. He then left for a while. At his return, Prudencio Barron came out to him as he was entering the house and 7 stabbed him in the chest. //He does not know with what kind of weapon. The [attacker] ran away immediately, followed by Ventura Rico, who could not catch him. The reason that [Barron] might have had [to attack him] was one for which they had quarreled on previous occasions. Prudencio Barron had pawned some clothes with the deponent, who sold them to a soldier named Luna. [Barron] called him to account to return [the clothes], but he did not return them. [Later] the respondent.heard Villarreal's wife saying that Barron was keeping his horses fat only to [be able to escape_after] committing a murder. The night [the deponent] was wounded he had drunk five reales of aeuardiente at the house of don Vicente Travieso. These are the sole proceedings followed by the governor on the case until January 11, [At that time he] passed the originals into the hands of Your Lordship, notifying of the death of the wounded man Clemente Xavier [Javier]

16 36. Mendez. He also informed [Your Lordship] that the culprit had presented himself to the church and solicited advice from Your Lordship., At the same time, the culprit, Prudencio Barron, presented.a petition explaining how he had been forced to [choose] 7v between dying and fighting for his life, //[and as a result] he had committed a murder involuntarily. That was why he ran away and turned himself over to the captain don Rafael Pacheco who ordered him [to serve with the troops] in campaign on his own account and risk, which [Barron] did. In consideration of this service and the troubles he has suffered, he has requested from Your Lordship to provide as you think it would be convenient. The text of these writs reflects the omission, carelessness, and lack of formality with which the governor the Baron de Ripperda proceeded. The wound was examined the night of March 12, '75, but neither then nor later did he receive legal information to prove how the incident had occurred. [The governor] did not send letters of requisition or warrants for the search of the culprit. Neither did he produce legal evidence of the day and cause of the death of the wounded man, for although he stated in his letter of January 11, '78 that [the man died] of the stab [received], the deposition of,pedro Duran, who

17 37. was acting as surgeon, seems to confirm the opposite. [Pedro Duran] declared that [the wound] was not deep enough to be dangerous. These substantial deficiencies cannot be filled up 8 or corrected //today, as much because there is a time lapse of more than four years as for not having the means to determine if the cause of the death of Clemente Xavier [Javier] Mendez was the wound received or a new, different accident. I believe that you could, if you would please, consider the case closed in these terms. You should order that the original [file] be sent to the new governor of that province, with the proper instructions soliciting the apprehension of the culprit Prudencio Barron once the case is filed with the corresponding Justice of the Peace. For this [purpose] he shall issue, as he may consider necessary, letters of requisition to the captains of the said presidio and to the justices of that province and the one of Coahuila. As soon as [the culprit is apprehended] he shall be sentenced to work for six years without salary in the public works that may be available in the presidio of San Antonio or in the villa of San Fernando. He shall be kept on short rations and with an iron on his foot. [These reasons] notwithstanding, Your Lordship will

18 38. 8v resolve //what you would please. Chiguagua [Chihuahua], May 31, 1779 Dn Pedro Galindo Navarro [L.A. 6-8v pp. in E ] r

19 39! Chihuahua, June 6, [I hereby order to proceed] as the Counsellor General has suggested. De Croix [D.S. 8v in E ]

20 4o. Decree: In the presidio of San Antonio de Bexar,and villa of San Fernando, on the twenty-first day of August, year of seventeen hundred seventy-nine. I, don Dom[ing]o Cabello, Colonel of the Royal Armies; Governor and Commandant of the armies of the province of Texas, its missions, conquests, and frontiers; Captain of the cavalry company of the royal presidio of San Antonio de Bexar; Inspector General of the military bodies of the said province appointed to inspect 9 the cavalry companies //of this royal presidio and that of La Bahia del Espiritu Santo by commission conferred by the senor Commandant General of"the internal provinces of this kingdom of New Spain, say [the following]. I have read the preceding decree issued by the senor Commandant General of the internal provinces of this kingdom of New Spain, along with the recommendations of the Counsellor General of the said command, concerning the sentence imposed on Prudencio Barron, a resident of this presidio and"villa, for the violent death of Clemente Xavier [Javier] Mendez. I am aware of the fact that the above-mentioned Barron has taken refuge in the parish church of this villa. If he were summoned to edicts and pregones, he would probably refuse [to attend]. This would present some difficulties and delay the execution of the provisions of the senor

21 41. Commandant General. [However], it is known that [Barron] often leaves the refuge of the church, [as he has done so] on many occasions. This gives evidence of the contempt 9v //he feels for the immunity of his asylum. Therefore, I should and do order that a mandamus of arrest be issued, addressed to the first-ranking alcalde of this said villa, so that he will proceed to the arrest of the above-mentioned Prudencion [Prudencio] Barron when [Barron] shall be found outside of the refuge where he is now. This should be done in such manner that hp may not be able to claim or allege that he was arrested within [territory subject to] immunity. Once this arrest is executed [the alcalde] shall put [Barron] in the cell of the Guardia of this presidio with the greatest security. Then he will proceed, with the proper legality, to notify [the prisoner] of his sentence [as contained in the preceding] writs. Thus I have decreed, ordered, and signed in the presence of my attendant witnesses, with whom I act in the absence of a notary, and on this common paper, for there is none with a seal. I certify. Domo Cabello

22 42. [cross] Josef Plazido de Monz6n Pedro Dias del Castillo [D.A. 8v-9v pp. in E

23 43. Royal presidio of San Antonio de Bexar August 23, 1779 [Illegible]- The mandamus ordered in the preceding writ was issued on this day. I put it in writing for its legal evidence. [In witness whereof] I certify. Cabello [D.A. p. 1 in E ]

24 44. Don Domingo Cabello, colonel of the royal armies; Governor and Commandant of the armies of the province of Texas, its missions, conquests, and frontiers; Captain of the cavalry company of the royal presidio of San Antonio de Bexar; Inspector General of the military corps of the said province and the one of La Bahia del Espiritu Santo by commission conferred by the senor Commandant General of the internal provinces of this kingdom of New Spain. By this present [writ] I order and command the ordinary alcalde of first rank of this villa of San Fernando to proceed with the imprisonment of the person of Prudencio Barron, as long as [the culprit] is found outside of the parish church of this villa, where he is now refuged. [The arrest] must be made in such a way that he shall not be able to claim that he was arrested in a place where the said immunity was still valid. 11 Once his capture is attained [the alcalde] //will put him in the cell of the guard corps of this presidio with the greatest security. Immediately he will set down officially the details of the capture, for which he will receive all the help necessary. Given in this royal presidio of San Antonio de Boxar and villa of San Fernando, on the twenty-third day of August, year of seventeen hundred seventy-nine, in the

25 45. presence of my attendant witnesses with whom I act in the absence of a notary and on this common paper, for there is none with a seal. In witness whereof, I certify. Dom^ Cabello [Rubric Josef Plazido de Monzon Pedro Dias del Castillo [D.A. lov-11 pp. in E ]

26 46. Having seen the preceding mandamus issued by the llv senor Governor of the armies of this province, //I shall proceed to the capture and imprisonment of the culprit Prudencio Barron, being aware of the fact that his frequent departures from the refuge of the church will facilitate his apprehension. Thus I, don Jose Ant[oni]o Curvelo, ordinary alcalde of first rank of this villa of San Fernando, have provided, ordered, and signed, on the twenty-fourth day of August, year of seventeen hundred and seventy-nine, in front of my attendant witnesses, with whom I act in the absence of a notary, and on this paper for there is none with a seal. In witness whereof, I certify. Curbbelo [cross] Josef Plazido de Monz6n Pedro Dias del Castillo [D.S. 11-llv pp. in E ]

27 47. [Official] writ. In the villa of San Fernando on the twenty-seventh day of August, year of seventeen hundred and seventy-nine, I. don Jose Antonio Curbelo, [Curvelo], ordinary alcalde of this said villa, say [the following]: I went on night patrol yesterday evening with the purpose of putting into practice what was ordered by the senor governor of this province in order to apprehend the person of Prudencio Barron. AsI passed by one of the doors 12 of the //presidio that lead to the villa, I found a man leaning against the said door whom I recognized as the abovementioned Prudencio Barron. After having him secured and, escorted by the troops that I had with me, I personally conducted him to the guard corps headquarters where I put him in the cell, securing his feet. [Then] I delivered him to the corporal in command of the said guard corps, with great recommendations to maintain [the prisoner] under the proper custody. Inasmuch as the mentioned place where I apprehended the afore -mentioned Prudencio Barron should be more than one hundred paces away from the walls of the cemetery of this parish church, it is not possible that the said Barron could claim to have been [apprehended] within immunity [boundaries].

28 48. In consequence of what I have been ordered by the preceding mandamus, I should and do order that these proceedings be returned to the senor governor so that, in their light, he may determine whatever he would please. - Thus I have decreed, ordered, and signed in front of my attendant witnesses with whom I am acting in the absence of a notary, and on this paper, for there is none with a seal. In witness whereof, I certify. Jph Antọ Curbelo [Cross] Pedro Dias del Josef Plazido de Monzon Castillo [D.S, llv-12 pp. in E ]

29 49. f [Official] writ: In the royal presidio of San Antonio de Bexar, on the thirty-first day of August, year of seventeen hundred seventy-nine. I, don Domingo Cabello, Colonel of the royal armies; Governor and Commandant of the armies of the province of Texas, its missions, conquests, and frontiers; Captain of the cavalry company of the royal presidio of San Antonio de Bexar; Inspector General of the military corps of the said province appointed to inspect the cavalry companies of this royal presidio and the one of La Bahia del Bspiritu Santo by commission conferred by the sen.or Commandant General of the internal provinces of this kingdom of New Spain, say the following. After seeing by the preceding writ that Prudencio Barron is in prison under the proper guard, I went to the guard corps and had him taken out of the cell [and brought] into my presence. Then I read to him the sentence which the senor Commandant General of the internal provinces of New Spain has given him, and having heard it, he said he would obey it. Consequently, I order that an iron be put on his foot so that he will work with it for six years, on short rations, and without salary, in the public works that may occur in this presidio of San Antonio de B4xar or in the villa

30 5. 13 of San Fernando. As it is my responsibility to //see that all this is executed, and since the royal mansions are being repaired [during] these days, I am assigning him to these works in compliance with the preceding superior orders. As these proceedings are closing, I should and do order that they be filed in the archives of this government so that, at the proper time, this sentence may be considered officially completed. Thus I provide, order, and sign, in front.of my attendant witnesses with whom I am acting in the absence of a notary, and on this common paper, for there is none with a seal. In witness whereof I certify. Domo Cabello [Cross] Josef Plazido Monzan Pedro Dias del Castillo [D.S. 12v-13 pp. in E ]

31 51. [Official] writ: In the royal presidio of San Antonio de Bexar and villa of San Fernando, on the second day of August of the year seventeen hundred eighty-six, I, don Dom[ing]o Cabello, Colonel of the`:royal armies; Governor and Commandant of the armies of this province of Texas, etc. 13v In attention [to the fact] that //Prudencio Barron has completed the six years of service on public works to which he was sentenced by the senor Commandant General of these internal provinces, as it is made evident in the preceding documents, I should and do order that he shall be set free so that he may.use it [his freedom] in the terms most convenient to him. This shall be notified to [Barron] in person, and he shall be released from the prison where he is now. For this reason, these proceedings are now considered finished and concluded. Thus I have provided, ordered, and signed in front of my attendant witnesses, with whom I act in the absence of a notary, and on this common paper for there is none with a seal. All of which I certify. Domo Cabello

32 52.! [Cross] Jose Placido de Mon.zdn Pedro Dias del Castillo [D.S v pp. in E ]

33 53. Legal writ of evidence: 14 I, the afore-mentioned // Governor have gone to the guard corps headquarters of this presidio, where Prudencio Barron was imprisoned, to notify him of the preceding writ which he declared that he would obey. Therefore, I ordered the iron taken off his foot, and I gave him absolute freedom so that he may use it as he considers most convenient. Since he did not know how to sign, I signed in front of the attendant witness with whom I was acting in the absence of a notary. [Dated] in this royal presidio of San Antonio de i Bexar, on the second day of August, year of seventeen hundred eighty-six, in front of my attendant witnesses with whom I act in the absence of a notary, and on this paper for there is none with a seal. In witness whereof I certify. Cabello [Cross] Jose Plazido de Monzon Pedro Dias del Castillo [D.S. l3v-14 pp. in E ]