[ cross] Proceedings conducted upon the killing perpetrated by the. Comanche Indians against Phelipe de Luna, resident of this

Transcription

1 17 [ cross] Year , of Proceedings conducted upon the killing perpetrated by the Comanche Indians against Phelipe de Luna, resident of this Presidio of [San Antonio de] Bexar; valuation of his property; and delivery of the remainder of it to Jose Man[ue]l Peres Casanoba, attorney to his heirs No. 48 [Added in English:] v // [ Blank] Upon the death of Felipe Luna by the Comanches, disposition of his property, &c.

2 18.Auto At the Royal Presidio of S[a]n Ant[oni]o de Bexar and Town of S[ a] n Fernando, on the fifth day of the month of November, in the year seventeen hundred eighty, I. Don Domingo Cabello, Colonel in the Royal Armies, Governor and Commander of Arms of the Province of Los Texas, its Missions,Conquests and Frontiers, Captain of the Cavalry Company of the Royal Presidio of S[a]n Ant[oni]o de Bexar, [and] Inspector General of the Militia Corps and Presidial Troops of the said Province by Commission Conferred by the Lord Commandant General of the Interior Provinces of this Kingdom of New Spain, do state the following: I was informed by,means of a note sent to me by the Most Reverend Father Fray Pedro Ramires, president of the missions in this province, that just outside [the Mission] of S[a]n Jose, where he resides, the Comanche Indians had killed Felipe de Luna, an inhabitant of this presidio for many years. While coming from the Mission of S[a]n Juan yesterday afternoon around four o'clock, he was ambushed and attacked by the said Indians. Some people from his mission were sent out, having been surprised by the noise of a gunshot. They lv discovered // the corpse of the afore-mentioned Felipe de Luna, his body pierced by a gunshot. [Ramirez] decided to pick up the afore-mentioned corpse, which he buried at the church of his mission this morning. All this he told me for my information. The unfortunate event was confirmed

3 by Jose Nicolas de Carabajal, who had been at the,mission of San Juan with the said Luna. They had planned to return together, but since the said Carabajal had been detained, the above-mentioned Luna came back alone to the Mission of San Jose, and en route [the Indians] killed him, taking his scalp, a loaded musket and the ammunition for it. In addition [they took] a mule he was riding, which belonged to Jose Ant[oni]o Baquera, a private in the tropa ligera of the cavalry company of this the aforenamed presidio. I noticed that the afore-mentioned deceased Felipe de Luna had a number of bovine cattle near those"of the Ranch of La Mora, in a place called the Arroyo of La Mora, where he 2 [also] had a small sod house // in which he was living. And at^_the Ranch of Las Cabras he had a few equine animals, all of which belonged to him. And there may be some furniture in the said sod house which ought to be collected. [This should be done] in order to form the appropriate inventories of it--since he died intestate-->so as to formalize this cause and prepare it to be sent to the Lord Commandant General of the Interior Provinces of this Kingdom of New Spain, who is the judge having the prerogative [to determine cases] in that court, so that he may ascertain the said deceased [Luna]'s next of kin and appropriate to him the remainder of his properties. In view thereof I do command--as I must command--that a discreet; message be sent to the Most Reverend

4 20 Father President of these Missions [asking] that he please send to this court a certificate as proof and evidence of the untimely death of Felipe de Luna and of the fact that he was given a tomb at the Mission of Senor S[a]n Jose, so as to add these important proceedings to the autos of this cause. As for the news of the afore-noted properties which I find to have been owned by the above-cited decedent, I appoint Marcos Zepeda, resident of this Town of S[a]n 2v., Fernando, to go to the // ranches of La Mora and Las Cabras to take the bovine and equine livestock found there belonging to the said deceased with all other properties known to belong to him. For all this I confer sufficient authority and as much as is required by law to administer the said commission. To this end the instructions necessary to carry out this charge will be given as appropriate, and when this is done, the formation of inventories will proceed, for evidence of the goods belonging to the said deceased. Thus I have provided, ordered, and signed, before the es with whom I act in the absence of a notary, doing so on,this plain paper, as there is none stamped. This I certify. Dom[ing]o Cabello ^cross] Josef Plazido de Monzon Pedro Dias del Castillo [D.S., 1-2v pp., in E. 11/5/1780-9/22/1783]

5 21 [cross) 3 or //. Fray Pedro Ramirez de la Santa y Arellano, Apostolic Pre m[inist1ro of the Mission of Senor S[a]n J[ose]ph de Balero and President of the Missions of Tejas, &c. I certify that on Saturday,; the fourth of November of the present year, at half past two o'clock in the afternoon, within sight of the mission and approximately three hundred paces from it, four Comanche Indian men and an Indian woman of the same nation treacherously murdered Phelipe de Luna, a resident of the Town of S[an] Fernando de Bejar, and that his body was entombed at the church of this mission; as appropriate evidence whereof I give this [certification], upon the request of the Lord Governor of this province, at the above-said Mission of Senor S[a]n J[ose]ph, on the seventh day of the month of November, in the year seventeen hundred eighty. Fr[ay] Pedro Ramirez 3v // [Blank] [A.D.S., 3 p., in E. 11/5 /1780-9/22/1783] 0

6 22 [cross] 4 // Senor Don Marcos Zepeda I have selected Your Grace as the one who, in the recovery to_be made in the environs of this town and presidio [of properties] which are to proceed to [Luna's] heirs, is to be in charge of rounding up and branding any cattle belonging to Felis Menchaca, as well as those from the oreiano [herd] which belong to him as [cattle] raiser. I thus have decided to commission Your Grace, and do commission you, to round up bovine and equine livestock belonging to the deceased Felipe de Luna. And thus Your Grace shall round up and take charge of every head [of livestock] which the said deceased has gathered at the Ranch of La Mora, at a place called the Arroyo of La 4v Mora:, // and shall receive them on account in the greatest [possible] detail. At the same time Your Grace shall make the most strenuous attempt to learn the location of several small pieces of furniture, including a box which the said deceased had, in which he kept a few reales and some clothing, all of which you shall take and bring to this presidio. I am also aware that at the Ranch of Las Cabras the deceased left some riding beasts, which Your Grace shall

7 23 take and unite with`the bovine cattle, since you are to form one body of all the belongings of the said deceased. [This is to be done] so that upon Your Gracets return from the said assignment I may proceed to make inventories [of the properties], since [Luna] died intestate and since I must give an account to the Lord Commandant General, who is the judge having the prerogative [to determine cases] in the said tribunal. Assuming that the deceased Felipe de Luna's cattle are quite meager, as I am informed, //5 then Your Grace may use those rounded up which belong to Felis Menchaca, as a basis for joining them thereto. Thus the latter may mingle with the former and it will be possible to bring them to this presidio without suffering the slightest injury or any loss. For the work incumbent upon Your Grace in this assignment you will be paid an equitable salary. So that Your Grace will be sufficiently authorised to complete everything necessary and appropriate to the two charges, I confer on Your Grace sufficient faculty to the extent required by law, that you may take charge of [the assignments], and that you may be given the assistance necessary for total fulfillment. If Your Grace should encounter any difficulties in the execution of these tasks, Your Grace shall inform me of them, so that I may provide what is necessary, since it

8 24 is impossible in [issuing] these instructions to be aware of W everything which might arise relative to the said assignments. God keep Your Grace many years. S[a]n Ant[oni]o de Bexar, November 10, 1780.' Dom[ing]o Cabello [ D. S., 4-5 v pp., in R. 11/5 /1780-9/22/1783 ] Senor Colonel and Governor Don Domingo Cabello: Sir: In compliance with the order and commission which Your Lordship in your piety and greatness has deigned to confer upon my helpless person--to which [order] I have given due obedience--i went forth to do that which Your Lordship states in the present commission. I, on my part, 6 took all such measures // as seemed conducive to this matter, for which purpose I attended cattle separations at [the ranches of] San Fran[cis]co, [La] Mora, S[a]n Bartholo, and Las Mulas on the twenty-seventh day of November, accompanied by a boy earning four reales a day, who as of today has worked twenty-eight days, thus earning fourteen pesos and the product of the deceased Phelipe's cattle. There were

9 fifty-one head, counting small and large ones, and one horse. Subtracting from these the two given for the tithe, two to Private Juan Casanoba, one to a resident, Manuel Galban, another cow with her calf to Prudensio Barron, and one which died of the fully justifiable [causes] given, there remain a liquid number of forty-three head under my care at the present time. As for my own fee, it remains at Your Lordship's disposal [to determine it]. San Ant[oni]o de Bejar, December 28, 1780.' Marcos de Zespeda [D.S., 5v-6 pp., in E. 11/5/1780-9/22/17831.Decree I have seen that which was stated by Don Marcos de Zepeda in the proceedings aforegoing, as appointee to collect the goods of the intestate Felipe de Luna', with a resulting liquid remainder of forty-three head 6v of bovines, of all types and ages, and one horse. And whereas it is essential to valuate them in order to conduct the other proceedings to bring this cause to its proper status, I name for this purpose'juan de Arocha and Bartholome Seguin, persons of altogether good reputation and knowledge in this matter, who are to valuate forty-three bovine head and one horse found to be among properties of the intestate Felipe de Luna. Under a religious oath they shall state

10 26 according to their understanding and legal knowledge the value of each head with respect to its condition. Thereupon other things necessary shall be proceeded with. Thus it is provided, ordered, and signed by me, Don Domingo Cabello, Colonel in the Royal Armies, Governor and Commander of Arms of the Province of Los Texas, its Missions, Conquests, and Frontiers, Captain of the Cavalry Company of the Royal Presidio of San Ant[oni]o de Be`jar, [and] Inspector General of the Militia Corps and Presidial Troops of the said Province by Commission Conferred by the Lord Commandant General of the Interior Provinces of this King- 7 dom of New Spain; at this // Royal Presidio of San Ant[oni]o de Bejar, on the twenty-eighth day of the month of December; in the year seventeen hundred eighty, before the attendant witnesses with whom I act in the absence of a notary, doing so on this plain paper, as there is none stamped. This I certify. Cabello ^cross] Josef Plazido de Monzon Pedro Dias del Castillo [D.S., 6-7 pp., in E. 11/5/1780-9/22/1783]

11 27 Auto ofat the Presidio of S[a]n Ant[oni]o de Bexar, Valuation on the twenty-ninth day of the month of December, in the year seventeen hundred eighty, I. Don Domingo Cabello, Colonel in the Royal Armies, Governor and Commander of Arms of the Province of Los Texas, its Missions, Conquests and Frontiers, Captain of the Cavalry Company of the Royal Presidio of San Ant[oni]o de Bexar, [and] Inspector General of the Militia Corps and Presidial Troops of the said Province by Commission Conferred by the Lord Comman- 7v dant General of the //. Interior Provinces of this Kingdom of New Spain, [do state the following:] For the effect ordered in the aforegoing decree I did cause to appear in my presence Juan de Arocha and Bartholome Seguin, residents of this Town of S[a]n Fern[an]do and Presidio of S[a]n Ant[oni]o de Bexar. Having made known to them the abovementioned decree aforegoing, I received their oath before the es with whom I act in the absence of a notary. They made it in [the name of] God Our Lord and with a sign of His Holy Cross in [due] legal form, saying "I swear" and "Amen". When they had been shown the fortythree head of bovine cattle of all ages and conditions and one horse, [all of them] being the property of the intestate Felipe de Luna, they stated unanimously and in agreement that, according to their legal knowledge and understanding, [the livestock] were, by their ages and conditions, of the

12 28' value at which they appraised them, in the terms and manner following: Pesos Reales Breeding cows, at four pesos ^^ ^+ and four reales each, totalling... Cows, two years old, at two r, 0 ff pesos each....., 23 Total t 41 Pesos Reales 23 Brought forward a Cows one year old, at one peso each.... Bulls, three years old, at two pesos and two reales each... Young bovines three years old, at three pesos and four reales each n O rl 00 4 t} 010 cj Yearling calves at seven reales each tt 2 r 02 Bullocks two years old at one peso and four reales each ^ O u For one old horse Grand Total In consequence thereof, the said cattle being of good quality and acceptable, [the two appraisers] agree on their

13 valuation in the aforesaid terms, as proof whereof they have affixed their signatures with me, before the attendant witnesses with whom I act in the absence of a notary, doing 8v so on this plain paper, as there is none stamped. This I certify. Dom[ing]o Cabello Juan de Arocha Barttolome Seguln [cross] Josef Plazido de Monzon Pedro Dias del Castillo [D.S., 7-8v pp., in E. 11/5 /1780-9/22/1783] Auto At the Royal Presidio of San Ant[oni]o de Bexar, on the thirtieth day of the month of December, in the year seventeen hundred eighty, I, Don Domingo Cabello, Colonel in the Royal Armies, Governor and Commander of Arms of the Province of Los Texas, its Missions, Conquests, and Frontiers, Captain of the Cavalry Company of the Royal Presidio of San Ant[oni]o de Bexar, and Inspector General of the Militia Corps and Presidial Troops of the said Province by Commission Conferred by the Lord Commandant 9 General of the // Interior Provinces of this Kingdom of

14 30 New Spain, [do state the following:] I have seen and reviewed the aforegoing valuation, realizing.that it has been made with respect to the estimate placed on bovine and equine livestock in this province. I have considered the great cost of grazing them and how likely they are to start stampedes and to be killed or captured by the Comanche Indians, who at the present time are committing such hostilities even within...,the,imne.dia.te environs of this presidio. In such incidents [the cattle] might easily be lost and these treacheries would redound.to the grave detriment of the meager funds of the late intestate Felipe de Luna. In such a case no one could benefit from the remainder of his goods after payment of the obligations and charges for which they are liable. It is advised in several of the royal laws of the municipalities of these kingdoms that, in case a similar loss of goods is foreseen, the judge hearing the case is to proceed with the auctiom and sale 9v thereof, to secure for the remainder its safekeeping, // and to apply it to appropriate ends. Thus, as a consequence of the risk, hazard, expense, and lesser things to which the appraised cattle are exposed, and because no one has declared himself a legitimate heir to the above^named deceased so that these goods might be appropriated to him, I must command and therefore do command [the following:] Public notices shall be given for a period of nine days, 0

15 31 during which there shall be three-netleee nine notices as advised in the royal laws. This shall be done beginning tomorrow, even though it is a feria and the holidays have begun. But since this cause is pious, it is to be continued, especially since it is influenced by the imminent risk occasioned by the frequent hostilities committed by the Comanche Indians, who may kill the said livestock or steal them away from the place where they are grazing and being cared for. In these necessitating circumstances the aforementioned notices shall be begun tomorrow, the thirty-first 10 of [the month] just ending, // until [the properties] are sold to the highest bidder and their sale is completed along with the other matters to be practised for the final disposition of this cause. Thus I do provide, order, and affix my signature, before the es with whom I act in the absence of a notary, doing so on this plain paper,(as there is none stamped. This I certify. Dom[ ing] o Cabello Vross] Josef Plazido de Monzon Pedro Dfas del Castillo [D.S., 8v-10 pp., in E. 11/5/1780-9/22/1783]

16 32 lst Notice At the Royal Presidio of S[a]'n Ant[oni]o de Bexar, on the thirty-first day of the month of December, in the year seventeen hundred eighty, before me, the aforenamed governor, and the es with whom I act in the absence of a notary, Cayetano de Soto, who acts as crier at this presidio for the publication of bandos and other [matters] arising, came forth and appeared lov at the portal of my //. lodging to give the first notice in the presence of many people gathered there. He announced in a loud and clear voice.that one hundred twenty-one pesos and six reales was the appraised value of the forty-three head of cattle of all ages and conditions and one horse which were the property of the deceased Felipe de Luna, and that whoever wished to bid on them might appear before the Lord Governor and Commander of Arms of this Province, who would receive [bids] and sell to the highest bidder. One notice was given at eleven o'clock in the morning, another at half past eleven, and another at exactly twelve, as evidence whereof I place this in the proceedings and affix my signature with the es with whom I act in the absence of a notary, doing so on this. plain paper, as there is none stamped. This I certify. Dom[ing]o Cabello

17 33 [cross] Jose Plazido de Monzon Pedro Dias del Castillo [D.S., 10-i0v pp., in E. 11/5/1780-9/22/1783]

18 nd Notice- At the Royal Presidio of S[a]n Antonio de Bexar, on the fourth day of the month of January, in the year seventeen hundred eighty-one, before me, the aforenamed governor, and the es with whom I act in the absence of a notary, Cayetano de Soto, who acts as crier at this presidio for the publication of bandos and other [matters] arising, came forth and appeared at the portal of my lodging to give the second notice in the presence of many people gathered there. He announced in a loud and clear voice that one hundred twentyone pesos and six reales was the appraised value of the forty-three head of cattle of all ages and conditions and one horse which were the property of the deceased Felipe de Luna, and that whoever wished to bid on them might appear before the Lord Governor and Commander of Arms of this Province, who would receive [bids] and sell to the highest bidder. One notice was given at eleven o'clock in the morning, another at half past eleven, and another at exactly twelve, as evidence whereof I place this in the proceedings and affix my signature with the attendant llv witnesses with whom I act // in the absence of a notary, doing so on this plain paper, as there is none stamped. This I certify. Dom[ ing] o Cabello. I [D.S., 11-1lv pp., in E. 11/5/1780-9/22/17831

19 35 Decree I was today informed by Jose Justo Montoya, who is caring for the deceased intestate Felipe de Luna's cattle and one horse,"that at daybreak one of the six yearling calves included in the said livestock was found dead from cold at the corral to which they were brought at night. I sent a man with my full confidence to investigate, and the carcass was brought to me to verify its demise. Therefore let its value of seven reales be deducted from the principal amount and subtracted from the one hundred twenty=one pesos and six reales which is the total sum, whereupon one hundred twenty pesos and seven reales will be.the total value of the forty-two animals 12 presently remaining. Thus in the final notice to be made before disposal of thb said goods, it shall be stated that there are only forty-two head to be disposed of, that the value thereof amounts to the afore-mentioned one hundred twenty pesos and seven rea-les, and that the loss of this animal and the subtraction of its worth of seven reales are justifiable. Thus it is provided, ordered, and signed by me, Don Dom[ing]o Cabello, Colonel in the Royal Armies, Governor and Commander of Arms of the Province of Los Texas, its Missions, Conquests and Frontiers, Captain of the Cavalry Company of the Royal Presidio of S[a]n Ant[oni]o de Bexar, and Inspector General of the Militia Corps and Presidial Troops of the said Province by Commis-

20 36 sion Conferred by the Lord Commandant General of the Interior Provinces of this Kingdom of New Spain, at this Presidio of S[a]n A.nt[oni]o de Bexar, on the seventh day of the month of January, in the year seventeen hundred eighty-one, before the es with whom I act in the absence of a notary, doing so on this plain paper, as there is none stamped. This I certify. Cabello Vross] Josef Plazido de Monzon. Pedro Dias del Castillo [D.S., llv-12 pp., in E. 11/5/1780-9/22/17831

21 37 l2v // 3rd Notice At the Royal Presidio of S[a]n Ant[oni]o and Sale de Bexar and Town of S[a]n Fernando, on the eighth day of the month of January, in the year seventeen hundred eighty-one, before me, the afoienamed governor, and the es with whom I act in the absence of a notary, Cayetano de Soto, who acts as crier at this presidio for the publication of bandos and other [matters] arising, came forth and appeared at the portal of my lodging to give the third'and final notice of sale in the presence of many people gathered there. At eleven o'clock on the said day he announced in a loud and clear voice that one hundred twenty pesos and seven reales was^the appraised value of the forty-two head of cattle of all ages and conditions and one horse which were the property of the deceased Felipe de Luna, who died intestate, and that whoever wished to bid on them might appear before the Lord Governor and Commander of Arms of this Province, who would receive bids and sell to the highest bidder. The said notice was repeated at half past eleven on the same day. When the final notice was about to be made at exactly twelve o'clock, Don Blas de Ecay y Musquis, an inhabitant of the Valley of S[an]ta Rosa residing at this presidio, came forth and said that he would bid on the said property the amount at which it was appraised. When the said bid had been made, the final notice was consequently proceeded

22 38 with. And when no higher bidder appeared, // 13 [the livestock] was sold, [the auctioneer] saying, "[Going] once, [going] twice, [going] thrice. May it serve you well." With these.events the final sale of the fortytwo head of bovines and one horse was concluded at one hundred twenty pesos and seven reales, in agreement with [the appraisal] evidenced in the decree aforegoing. [They were sold] to the afore-mentioned Don Blas de Ecay y Musquis on the terms remarked upon. By virtue thereof delivery of the said forty-two head [of cattle] and one horse shall be made tomorrow, the ninth of the present month, at which time [de Ecay] shall tender one hundred twenty pesos and seven reales, the amount at which [the sale] was concluded. He signed this bid with me and the es with whom I act in the absence of a notary, doing so on this plain paper as there is none stamped. This I certify. Dom[ing]o Cabello Blas Maria de Ecai y Muzquiz ^cross] Josef Plazido de Monzon Pedro Dfas del Castillo [D.S., 12v-13 pp., in E. 11/5/1780-9/22/17831

23 39 Instrument of Conveyance At the Royal Presidio of San Ant[oni]o de Bexar and Town of San Fernando, on the ninth day of the month of January, in the year seventeen l3v hundred eighty-one, I. Don // Domingo Cabello Cabello [sic, Colonel in the Royal Armies, Governor and Commander of Arms of the Province of Los Texas, its Missions, Conquests, and Frontiers, Captain of the Cavalry Company of the Royal Presidio of San Ant[oni]o de Bexar, [and] Inspector General of the Militia Corps and Presidial Troops of the said Province by Commission Conferred bythe Lord Commandant General of the Interior Provinces of this Kingdom of New Spain, [do state the following:] When Don Blas de Ecay y Musquiz, inhabitant of the Valley of Santa Rosa and resident at this presidio, was present, there were delivered to him the seventeen breeding cows, six cows two years old, seven cows one year old, two bulls three years old, three young bovines three years old, five yearling calves, and two bullocks two years old--all together comprising forty-two head--and also one horse. [They were delivered] on the same terms [as those] of the preceding auction sale concluded yesterday. They were considered delivered and received to [de Ecay's] complete satisfaction. In consequence thereof he tendered the one hundred twenty pesos and six reales, which was their worth, in ready cash, and I, the afore-named governor, 14 consider the said amount tendered and received. // [This

24 40 was done] in order to proceed therewith, according to law,, to the payment of costs incurred in keeping the said cattle and other items which it shall be stated are to be paid out of the said resources, until there appear some legitimate claimant to whom [the money] belongs. Until such time it shall be placed on deposit as provided by the royal municipal laws of these kingdoms. As evidence thereof [this] was signed by the afore-said Don Blas de Ecay y Musquiz, with me and the es with whom I act in the absence of a notary, doing so on thisplain paper, as there is none stamped. This I certify. Dom[ing]o Cabello Blas Maria de Ecay y Muzquiz ^cross] Josef Plazido de Monzon Pedro Dfas del Castillo [D.S., pp., in E. 11/5/1670-9/22/1783] Decree Whereas Don.Blas Maria de Ecay y Musquis has paid the one hundred twenty pesos and six 14v reales which is the value of the cattle and horse // sold at auction, which had been part of these resources [sic ; and whereas Don Marcos de Zepeda is to be reimbursed for the salaries he paid in the rounding up and driving of

25 41 this livestock with that of the boy Jose Justo Montoya, who was grazing them and caring for them; let the said Don Marcos de Zepeda be notified by one of the es with whom I act, that he is to present the sworn account of the amount of the said salaries and add it to these proceedings for such ends as may be proper. Thus it is provided, ordered, and signed by me, Don Domingo Cabello, Colonel in the Royal Armies, Governor and Commander of Arms of the Province of Los Texas, its Missions, Conquests, and Frontiers, Captain of the Cavalry Company of the Royal Presidio of S[a]n Ant[oni]o de Bexar, [and] Inspector General of the Militia Corps and Presidial Troops of the said,province by Commission Conferred by the Lord Commandant General of the Interior Provinces of this 15 Kingdom of New Spain, // at this Royal Presidio of S[a]n Ant[oni]o de Bexar, on the eleventh day of the month of January, in the year seventeen hundred eighty-one, before the es with whom I act in the absence of a notary, doing so on this plain paper, as there is none stamped. This I certify. Cabello ^cross] Josef Plazido de Monzon Pedro Dias del Castillo [D.S., PP., in E. 11/5/1780-9/22/1783]

26 42 Notification At the Royal Presidio of S[a]n Antonio de Bexar, on the twelfth day of the month of January, in the year seventeen hundred eighty-one, I. Don Pedro Dias del Castillo, one of the es with whom the Lord Governor and Commander of Arms of this Province acts, in order to give compliance to the decree aforegoing, did notify Don Marcos Zepeda.of the content 15v thereof; in consequence whereof, being informed of // what he is ordered [to do], he stated that in obedience to [the order] he would form the account of the [payment of] salaries which he and one boy incurred in the rounding up and keeping of the said livestock. This [statement] he signed with me, as evidence whereof I place it in the proceedings. Pedro Dias del Castillo Marcos de Zepeda [A.D.S., 15-15v pp., in E. 11/5/1780-9/22/1783]

27 43 16 // [cross] sioned in keeping [the livestock] until delivery. They Legal account, presented by me, Don Marcos de Sepeda, of the salaries paid out by me and the person with whom I went to round up bovine cattle and one horse on the pastures of the Ranch of La Mora, which [livestock] belonged to the deceased Phelipe de Luna. [The salaries are] those occad are in the form and manner following: Pesos Reales For my own salary from November 27, 1780, until December 28 of the said year, at the rate of one peso each day for the first ten days, since I did [during those days] more work going over the pastures of the said [Ranch of La] Mora to round up and gather together the said cattle, and at five reales a day for the [other] 21 days, totalling thirteen pesos and one real [for the 21 days], the two sums amounting to 23 pesos and 1 real, as I show in the margin Fo'r the twenty-seven days which Justo Montoya worked in the roundup and care of the said livestock at four reales

28 44 a day, totalling , Total, barring error, thirty-six pesos, 4 five real e s , r 5 Inasmuch as the total sum of the expenses paid out as salaries for myself and the boy who was employed, as I have stated, in the roundup and keeping of the said cattle amounts to thirty-six pesos and five reales, and because it is true, I swear to [its truth] by this sign of the Holy + [ sic as provided by law; as evidence"whereof I sign [this] at this Royal Presidio of S[a]ri Ant[oni]o de Bexar, on the twentieth of January, in the year seventeen hundred eighty-one. Marcos de Zepeda [D.S., 16 p., in E. 11/5/1780-9/22/1783] Record of Compliance I have seen and examined the aforegoing 16v account presented // by Don Marcos Zepeda, corresponding to the costs incurred in the roundup and keeping of the bovine cattle which belonged to the deceased Phelipe de Luna. The said account is [made] with its due legality and formality. Since Don Marcos Zepeda was present, the thirty-six pesos and five reales which is the amount [of the salaries] was delivered to him, he

29 45 received it, and it was considered delivered-to his entire satisfaction. As proof thereof he signed [this] with me, the above-said governor, before the es with whom I act in the absence of a notary, doing so on this plain paper, as there is none stamped. This I certify. Dom[ing)o Cabello Marcos de Zepeda [Rubric) ^cross] Josef Plazido de Monzon. Pedro Dias del Castillo [D.S., 16-16v pp., in E. 11/5/1780-9/22/1783] Decree Whereas the thirty-six pesos and five reales in expenses incurred in the roundup and keeping of the bovine cattle of the deceased Felipe de Luna has been paid, as is more extensively evidenced in the proceedings 17 aforegoing, let // Jose Antonio Baquera, private in the lizera troops of the cavalry company of this royal presidio, be paid the twelve pesos which is the value of the mule which Felipe de Luna was riding when [the Comanches] killed him. [This is to be done] in view of ample evidence that [the mule] was that of the aforenamed soldier, who has been. without [a mule] all this time, [which circumstances have] made him delinquent in the performance of his duties. This l

30 46 amount shall be delivered to Don Bernardo Fernandez, lieutenant of the said company, who, being in charge of the abilitacion thereof, is to buy [a mule] and deliver it to the said soldier. He shall place a receipt for it at the end of this decree. Thus it is provided, ordered, and signed by me, Don Domingo Cabello, Colonel in the Royal Armies, Governor and Commander of Arms of the Province of Los Texas, its Missions, Conquests, and Frontiers, Captain of the Cavalry Company of the Royal Presidio of San Antonio de Baxar, [and] Inspector General of the Militia Corps and Presidial Troops of the said Province by Commission Conferred by the Lord Commandant General of the Interior Provinces of this Kingdom of New Spain; at this Royal Presidio of 17v San Ant[oni]o de Bexar, on the twenty-second day of the month of January^ in the year seventeen hundred eighty-one, before the es with whom I act in the absence of a notary, doing so on this plain paper, as there is none stamped. This I certify. Cabello ^cross] Josef Plazido de Monzon Pedro Dias del Castillo [D.S., 16v-17v pp., in E. 11/5/1780-9/22/17831 Receipt I. Don Bernardo Fernan[de]s, paymaster of the

31 47 cavalry company of this Presidio of S[a]n Antonio de Bexar, do state that as a consequence of the decree aforegoing I have received from the Lord Governor of this Province, twelve pesos with which to purchase for Jose Antonio Baquera, 18 private in the liera troops of the said company, a mule // to replace the one which the Comanche Indians took from Felipe de Luna when they killed him,.since it belonged to the said Baquera; as evidence whereof I have affixed-my signature at this Presidio of [San Antonio de] Bexar, on the twenty-third day of the month of January, in the year seventeen hundred eighty-one. [The amount received] is 12 pesos. Bern[ar]do Fern[ande]z [D.S., 17v-18 pp., in E. 11/5/1780-9/22/1783] Auto At the Royal Presidio of S[a]n Ant[oni]o de Bexar and Town of S[a]n Fern[an]do, on the twentysixth day of the month of January, in the year seventeen hundred eighty-one, I; Don Dom[ing]o Cabello, Colonel in the Royal Armies, Governor and Commander of Arms of the Province of Lo[s] Texas, its Missions, Conquests, and Frontiers, Captain of the Cavalry Company of the Royal Presidio of S[a]n Ant[oni]o de Bexar, and Inspector General of the Militia Corps and Presidial Troops of the said Province by

32 Commission Conferred by the Lord Commandant General of the l8v Interior Provinces of this Kingdom of New Spain, // do state [the following:] The twelve pesos for the mule which belonged to Jose Ant[oni]o Baquera, private of the liaera troops of this company, has been paid out of the resources of the deceased Felipe de Luna, since it was [Baquera's mule] that [de Luna] was riding at the time the Comanches killed him and took it away, plundering all he had. After payment of the thirty-six pesos and five reales in expenses borne in the roundup and keeping of the livestock found to belong to the deceased, wh3.ch [livestock] was sold at public auction for the reasons stated, for the sum of one hundred twenty-one pesos and six reales, the liquid assets remaining in favor of the said deceased is seventy-three pesos and one real. Subtracting from that the eighteen reales paid to the crier Cayetano de Soto for the nine announcements which he made, the liquid remainder which legitimately belongs to [de Luna] is seventy pesos and seven reales. [This amount]- is ready to be deposited as provided by the royal municipal 19 laws.of // these kingdoms. For it is not known whether the said Felipe de Luna had any heir apparent who might be cited to receive,the.remainder of these resources. Santos de Luna has appeared, claiming to be the brother of the afore-mentioned Felipe de Luna and proving that he has other [sic siblings entitled to the said estate. But

33 ?+9 it was learned at the same time that the said Felipe de Luna's mother, who is called Maria Josefa de la Cerda, is still alive and residing in the Town of S[a]n Fernando de Austria, in the Province of Cohahuila. And [there is] also a brother named.fran[cis]co de Luna and a sister named Fran[cis]ca de Luna.. Thus the action of the above-mentioned Santos de Luna corroborates the malice and audacity with which he has proceeded with the intention of gaining the properties of his deceased brother. For the heir apparent is.not he, but Maria Josefa de la Cerda, [who is] presently living, [and is] the mother of all the forementioned. I therefore must command and do command that a citation be issued for the. afore-mentioned Maria Josefa de la Cerda, 19v that.she may prove herself // to be the legitimate mother of:the above-named deceased intestate Felipe de,luna, so that on the basis of that [statement] and its authority,the remainder of the afore-mentioned goods may be delivered to her and the deposit thereof may be postponed until it is seen what is stated on the proceedings presented, in order to proceed in accordance therewith to that which is provided by law. Thus I have provided, ordered, and affixed my signature, before the es with whom I act in the'absence of a notar.y, doing so on this plain paper as there is none stamped. This.I certify.

34 50 Dom[ing]o Cabello O Pedro-Dias del Castillo [D.S., 18-19v pp., in E. 11/5 /1780-9/22/1783] Royal Presidio of S[a]n Ant[oni]o de Bexar, February 19, 1781 Record On this date an advisory letter was sent by the 20 monthly mail to Maria Josefade la Cerda, mother and sole heir of the deceased Phelipe de Luna, citing her [and stating] that she or her.attorney is to appear to represent her right-to receive the remainder of the money of the said deceased; as evidence whereof I place this in the proceedings and certify it. Cabello [ Rubric] 20v // [Blank] [D.S., l9v-20 pp., in E. 11/5/1780-9/22/17831

35 51 21 // [cross] In the Town of S[a]n Fernando de Austria, on the twenty-fourth day of the month.of July, in the year seventeen hundred eighty-three, before.me, Don Blas Martin Nieto, deputy to the justicia maior of [the town] and its district, Francisca, Santos, and Fran[cis]co de Luna, all residents of this town afore-mentioned did appear in person and on their own behalf. They stated that they were giving and did give ael1_power of attorney--full, ample, sufficient, and as much as is required by law, whatever its value can and ought to be--to Jose Man[ue]l_Peres Casanoba, <resident of.the Presidio of S[a]n Ant[oni]o de Vexar, [stating] that in the name of all three and re`presenting their own persons, rights,.and actions, both real and personal, he might enter into_ the possession, administration,.and direction of any and all properties, both fixed and movable, which are recognized as being the belongings of the deceased Phelipe de Luna (whose legitimate authorising heirs they are, being his siblings) at the afore-mentioned Presidio of S[a]n Antonio de Vexar. [Peres Casanova] is to gather all cattle, horses, and other [property] having [de Luna.'s] brand, keeping [the matter] in his own confidence and [being] at the disposal of Santos de Luna, [who is] one of the clients with whom he must necessarily have correspondence

36 52 in cases and matters pertaining to this subject. For the afore-mentioned attorney is he who can appear and in effect 21v is to appear before the Lord Governor of the,province of Texas, Don Domingo Cavello, and to receive from His Lordship the amount or amounts which are the value of the cattle and other items which had belonged to the deceased Phelipe de Luna and which were sold at public auction by order of the aforenamed Lord Governor. [Peres Casanova] is to issue for [the money] receipts, vouchers, and letters of discharge in [the proper] form. And for all things connected with, concerning, incidental to, or dependent on [this matter, de Luna's heirs] do give the said Jose Manuel Peres Cazanoba ample and altogether unlimited authority. And for adherence [on their part to this agreement] they renounce their own domicile and household, the law si combenerit de jurisdictioni omnium iudicum and the general [law] of rights in [due] form. As assurance of that which might be executed by virtue of [this], the clients obligate their persons and their properties, both present and future, thereby submitting themselves to the district and jurisdiction in which trial shall be held; G as evidence whereof--the clients not knowing how to write-- [this document]; was signed by me, the said deputy, and my attendants, with whom I act as ^uez receptor for lack of any notary, [doing so] on the present plain paper as there

37 53 is none stamped, this.land being at war; to all of which I swear.. At the request of the clients.; Blas Martin Nieto jrubric] Fran[cis]co de Toro attendant. attendant: Fran[cis]co Montes de Oca Raphael Hurtado de Mendoza [D.S., 21-21v pp., in E. 11/5/ /22/1783] [MS page between 21v and 22:] v // [ Blank] Blank

38 5?+ [Cross] Lord Governor Don Domingo Cabello: I J[ o] s[ ep] h Manuel Peres Casanoba do appear before Your Lordship in the most sufficient manner permitted me by law and conducive to my [interests], having been given, at the Town of San Fernando de Austria, legal power [of attorney] by the heirs of the deceased Felipe de Luna, who are as follows: Fran[cis]ca Santos, Fran[ci]sco de Luna, and Santos de Luna. They conferred upon me the said power in order that I might present myself before Your. Lordship with all the import which the said power of attorney ratifies, so that having been informed of their certifications, Your Lordship might give me the above-cited inheritance which is on deposit with Your Lordship, charging me with being responsible for whatever results may issue herefrom. This I swear with my person. I also beg Your Lordship to accept this my petition on the present [plain] paper, as there is none stamped. I swear that I bear no malice, and, not knowing how to sign, I have requested Fran[cist]co Balderas [to do so]. At the request of the petitioner: Fr[a]n[cis]co Balderas [D.S., 22 p., in E. 11/5/1780-9/22/17831

39 55 22v // Decree [In view of] the presentation of the power of attorney above-cited, let [the documents] be added to the proceedings. And whereas it has become positively known, by this government that Maria Josefa de^..la Cerda is not the mother of the late Felipe de Luna, but his step-mother, and that the legitimate heirs, therefore, are those who are the grantors of the power [of attorney], Francisca, Santos, and Francisco de.luna, siblings of the aforenamed deceased Felipe de Luna, let the power delegated to Jose Manuel Peres- Casanoba be considered valid. By virtue hereof let him be given by transcript the proceedings thus far conducted in the post-mortem and intestate cause of the afore-mentioned deceased, that [Peres Casanova] may deduce [therefrom] that which is conducive to his interests. [When this is] done, [let] autos [be made]. Thus it is provided, ordered, and signed by me, Don Dom[ing]o Cabello, Colonel of the Royal Armies, Governor and Comrnander of Arms of the Province of Los Texas, its Missions, Conquests, and Frontiers, Captain^'of the Cavalry Gompany of the Royal Presidio of San Ant[oni]o de Bexar, and Inspector General of the Militia Corps and Presidial Troops of the said Province by Commission Conferred by the Lord Commandant General of the Interior Provinces of this King- 23 dom of New Spain; // at this Royal Presidio of San Antonio de Bexar and Town of San Fernando, on the twenty-second day

40 56 of the month of August, in the year seventeen hundred eighty-three, before the es with whom I act in the absence of a notary, doing so on this plain paper, as there is none stamped.. This I certify. Cabello [cross] Jose Plazido de Monzon Pedro Dias del Castillo 23v- // [Blaxik] [D.S., 22v-23 pp., in E. 11/5/1780-9/22/1783]

41 57 24 // [cross] Senor_GovernorDon Domingo Cavello: J[o]s[ep]h Manuel Peres Casanoba, appear before Your Lordship in the most due manner, as provided by law and as befits my interest and thus state [the following:] By Your Lordship's decree I received the proceedings pertaining to the deceased Felipe de Luna. Thus Your Lordship has given me time in which to claim the rights given me and placed in my possession by my clients at the Town of San Fernando de Austria. And I therefore state that, having their full authority, I have clearly seen the said proceedings being conducted before Your Lordship, and I have not the slightest plea to make. I thus obligate myself to receive the remainder of the money when all the proceedings and [other] expenses are paid which pertain thereto and also [those due] to Senor Don Fra[ncis]co Flores. I [then] am to receive that which legitimately remains. As evidence thereof I have given this at the Royal Presidio of San Antonio de Bexar, today, the first day of September, in the year seventeen hundred eighty-three, signed for me and at my request by Fran[cis]co Clemente Balderas. I also beg Your Lordship to accept this my petition on the^present [plain] paper, as there is none stamped. I swear that I bear no malice.

42 58 At the request ofthe petitioner: Fra[ncis]co Clemente Balderas [D.S., 24 p., in E. 11/5 /1780-9/22/1783]

43 59 2 4v // Decree [I have] seen,[the.aforegoing.] Let it be added to the proceedings. Consequent to the conclusion of this cause, let the fees be assessed for the cost thereof, including therein those which are due to Don Francisco Flores for the information which he, as first alcalde of this town, received on behalf of Jose Antonio de los Santos de Luna, one of the heirs mentioned in the power [of attorney] conferred on Jose Manuel Peres Casanoba, as cited in his presentation aforegoing, the original of which information was taken away by the said [Santos de] Luna. When this is done, the said fees shall be paid out of the seventy pesos and seven reales remaining from the properties of the deceased Felipe de Luna, as evidenced on pages 18 to 19 of the proceedings. The remainder thereof shall be delivered to the above-mentioned attorney, Jose Manuel Peres Casanoba, who is to give a receipt for its delivery and is to be given a slip of paper [showing] the aforementioned fee. Thus it is provided, ordered, and signed by me, Don Domingo Cabello, Colonel in the Royal Armies, 25 Governor and Commander of Arms of the Province of Los // Texas, &c.; on the twelfth day of the month of September, in the year seventeen hundred eighty-three, before the es with whom I act in the absence of a notary, doing so on this plain paper, as there is none stamped. This I certify.

44 60 Cabel'lo [cross] Jose Plazido de Monzon Pedro Dias del Castillo [D.S., 24v-25 pp., in E. 11/5/1780-9/22/1783] Assessment of the costs of proceedings, to be paid and tendered by Jose Manuel Peres Casanoba, attorney to the heirs of the deceased Felipe de Luna, as a result of the post-mortem cause aforegoing, conducted by me, Don Domingo Cabello, Governor and Commander of Arms of the Province of Los Texas, its Missions, Conquests, and Frontiers, Captain of the Cavalry Company of the Royal Presidio of San Antonio de 25 v Bexar, and Inspector General of the Militia)Corps // and Presidial Troops of the said Province by Commission Conferred by the Lord Commandant General of the Interior.Provinces of this Kingdom of New Spain. [The costs are] in the form and manner following: Pesos Reales First for five autos at twelve reales each r^ And for six decrees at eight reales each And for one commission r^ 4

45 61 And for three notices at eight reales... And for one notification... And for one record of compliance... And for one record rr if it And for ten sheets of paper used in this post-mortem cause... And for this assessment ^T 3 001,r 0 And for acknowledgement of information received by Don Francisco Flores, the first alcalde of this town, on behalf of Jose Ant[oni]o de los Sfan] tos de Luna, one of the heirs mentioned in the power of attorney conferred on the above-named Casanoba. The original information was taken away by the said Luna, and testimony from it was left. At [Luna's] request [the testimony] was ordered taken by the aforenamed alcalde, Don Fran[cis]co Flores, and at this time has been delivered to the attorney, Casanoba These items amount to As it seems, ' the sum of the.items aforegoing is twentyseven pesos and one real after,.[adding up] the costs of this r

46 62 post-mortem cause. 26 And since-// - this amount is to be subtracted from the seventy.pesos and seven reales finally remaining from the properties of the afore-mentioned deceased Felipe de Luna, which [sum] has remained in favor of [de Luna's] heirs, as evidenced on pages 18 to 19 of these proceedings, there remains a liquid amount of fortythree pesos and six reales, which is to be delivered by me, the above-named governor, to the afore-mentioned attorney,,jose Manuel Peres Casanoba as a consequence of that which was ordered for this end,in the decree abovegiven. Thus it.is provided, ordered, and signed by me the afore-said governor, at this Royal.Presidio of San Ant[oni]o de Bexar and Town of San Fernando, on the thirteenth day of the month.of September, in the year seventeen hundred eighty-three, before the es with whom I act in the absence of a notary, doing so on this plain paper, as there is none stamped. This I certify. Dom[ing]o Cabello [ Ru.bric] [cross] Jose Plazido de Monzon Pedro Dias del Castillo [D.S., pp., in E. 11/5/1780-9/22/1783]

47 63 I have received the six pesos specified in the assessment aforegoing. Fran[cis]co Flores [A.D.S., 26 p., in E. 11/5 /1780-9/22/1783]

48 64 26v Auto At the Royal Presidio of S[a]n Ant[oni]o de Bexar and Town of S[a]n Fernando, on the twentysecond day of the month of September, in the year seventeen hundred eighty-three, I, the above-named governor did cause to appear in my presence Jose Man[ue]l Peres Casanoba, attorney to the heirs of the deceased Phelipe de Luna. In the presence of the es with whom I act in the absence of a notary, I delivered into his own hand forty-three pesos and six reales, the residuum of the seventy pesos and seven reales.which was,the liquid remainder of-the properties of the said deceased, as is evidenced'in greater detail in the proceedings recorded inthe autos after deducting twenty-seven pesos and one real, the amount of fees for the said cause. A copy of this assessment has been given to [Peres Casanova] as proof of the information obtained at the request of Ant[oni]o de los Santos de Luna, one of the said heirs. And I consider all the abovementioned [money] delivered and paid, in witness whereof Francisco Balderas has signed [this] for the said Jose Manuel Peres Casanoba; in consequence whereof these proceed- ings are considered concluded and closed. I have signed 27 [this] with the es // with whom I act in the absence of a notary, doing so on this plain paper, as there is none stamped. This I certify. Dom[ing]o Cabello