Senor Second-ranking alc[ald e. At the villa of San Fern[an]do, Government of the Province. of Los Texas y Nuebas Philipinas, on May first, 1781, this

Transcription

1 67 Senor Second-ranking alc[ald e At the villa of San Fern[an]do, Government of the Province of Los Texas y Nuebas Philipinas, on May first, 1781, this petition was presented by the person named herein. Proceedings concerning [Added to M,S:] 1787 [one word illegible] Guadalupe Ranjel Before Your Grace I appear in the most due form as provided by law and state [the following]: Don Xavier de la Garza, a resident of the Presidio of [San Juan Bautista d]el Rio Grande, with authority which I gave him, received from Don Bartolo Menchaca a mule which I had loaded and sent to him. It had not been possible to recover it from him by any other means, since it had been in his--the said Don Xavierts--possession. I charged Corporal Don Fran[cis]co Caravaxal to ask him for it and to bring it to me. He did in fact ask him. [The corporal] says that [Don Xavier] replied that the mule was not to be found at the said presidio, and that it was going to the new presidios with his mules carrying freight. Thus I infer that [the mule] is in his employ. For even,though he denies that he said such a thing to the corporal, [the latter] says he is prepared to swear that he said it, if it should be necessary. I sent for the said mule and it was not remitted to me, since

2 68 he was using it at the time and later lost it, not knowing what to do. It is for these reasons that neither he nor I have been able to retrieve it. For even though it is affirmed that the mule which Lieutenant Don Jose Menchaca delivered to me or ordered delivered to me is mine--which afterwards the senor alferez Baldes took from me, and which was delivered to the soldier who had bought it--because the lv Lord Governor had rendered a judgement in his favor // after he had presented his position [to the governor]-- then that one must not be my mule. And if Your Grace considers it true justice, I ask that within a period of twenty-four hours you ascertain [the truth of what I-have stated]. And if I am not proved correct, then I shall not dare to swear whether or not [the mule] is [mine]. For when I loaded it, it was a young mule, and I do not remember the brand. And it may be that the person to whom I sent [the mule] laden has given him another mule similar to mine. And he is the one who ought to declare and prove [its ownership], so that if he proves it sufficiently, His Lordship may order the said mule delivered to me, and if not, Your Grace may order him to do as I have entreated, whereby he may pay me for it. Therefore I beg and beseech Your Grace to deign to administer justice to me, that I may thereby receive mercy. Likewise [I ask] that this petition be accepted from me on the present

3 69 paper, there being none stamped. I swear that I bear no malice and [I swear] to whatever is necessary, &c. And since I do not know how to sign, [my signature] was made at my request by Jose Guadalupe de Agreda. at the reques,t of Guadalupe Ranjel: Jose Guadalupe de Agreda [D'.S., 1-lv pp., in E. 5 /1/ /23/1781] I, Don Marcos de Zepeda, aic[ald e ord[inari o of the said villa, having seen [the petition above-given], do consider it presented and accepted on the present [unstamped] paper, as there is none stamped. In view of the request made by [the present] litigating party, I state that I do command, as it behooves me to command, that Don Javiel de la Garza 2 appear and be made aware of the content // of this claim, in order to determine, in view of whatever he may say, what is appropriate in justice. Thus I do provide, order, and affix my signature, acting with attendant witnesses in the absence of a notary, since there is none. To all this h attest. attendant: Marcos de Zepeda Josef Marcos de Aguilar

4 70 Man[ue]1 Flores y Valdes attendant witness [D.S., lv-2 pp., in E. 5 /1/ /23/1781] In the said villa, on the said day, month, and year, I, the said judge, in order to effect what was ordered by me in the aucto aforegoing [did cause] Don Javiel d[e] la Garza to appear. I made known to him--whom I swear I know--in person the claim presented by Guadalupe Ranjel and the aucto issued by me. Informed of both, he stated that he was prepared to swear under a religious oath that the mule was the same one which Don Bartholo Mencha[ca] gave him for Guadalupe Rangel, but that [the`mule] was lost from the herd of,[the presidio of San Juan Bautista],de[l] Rfo Grande and was caught at last by a boy among the mestenas. He brought it to the presidio without showing it to the judge, and gave`it to a soldier named Man[ue]i Martinez, a resident of this presidio, for nothing more than his word that it was his. For catching it [the soldier] gave [the boy] a bridle and one peso in reales. And so that all might be settled, and so that the mule might be brought and [Rangel], upon seeing it might say whether or not itwas [his], this judgement was placed before Senor Captain Don Man[ue]l de Seresera, where it was declared that the said mule had been

5 71 wrongly delivered to the soldier. For this reason the Senor Captain imprisoned the deliverer, Jose Dias, in stocks, and before his release charged him with the inconclusiveness which might result from his premature and wrong delivery. 2v This [Javier de la Garza] gave as his reply and signed it with me and with the attendant witnesses with whom I act, as stated. To all this I attest. Marcos de Zepeda Xaviel de la Garza Man[ue]l Flores y Valdes attendant witness attendant: Josef.Marcos de Aguilar [D.S., 2-2v pp., in E. 5/1/ /23/1781] Villa of S[a]n Fern[an]do, May 19, 1781 In attention to [the fact] that he who sold the mule. concerned in these proceedings to Private Antt[oni]o Martinez is at the Royal Presidio of [San Juan Bautista del] Rio Grande with other persons there who must know about this scheme, let these proceedings and the above-mentioned mule be sent to the senor captain of the said presidio, so that, in his presence and that of others whom Don Javiel de la Garza may know, [the captain] may be informed as to whether

6 72 [the mule] is or is not the same one which Guadalupe Rangel claims. If it is not, he is to tender the twenty-five pesos which the said Guadalupe charges in addition to postage for these proceedings and their cost. Thus I, Don Marcos de Zepeda, alc[ald]e ord[inari o of the said villa, have decreed, commanded, and affixed my signature, acting in my own presence with attendant witnesses in the absence of a notary, and [doing so] on this [unstamped] paper, as there is none stamped. To all this I attest. Marcos de Zepeda attendant: Josef Marcos de Aguilar Man[ue]I. Flores y Valdes attendant witness [D.S., 2v p., in E. 5/1/ /23/1781) d I, Don Man[ue]l de Cerecedo y Velasco, Captain and Governor of this [This document is interrupted by the next three and continues on MS p. 6, p. 77 herein.)

7 73 [ Cross] Senor alferez Don Balthasar Perez: My dear sir: I am presently investigating the case of a mule belonging to Guadalupe Rangel, taken from Bartholo Menchaca by Don Javiel de la Garza. [The mule] was lost by the said Garza at the location of the Presidio of [San Juan Bautista d-el] Rio Grande and was caught in roundups by a resident of that presidio. [The mule]--either by sale or who knows how--was delivered to Antt[oni]o Martines, son of Josef Marselino. And since I have information that Your Grace knows how this [situation] is, having been present at the time specified by Don Man[ue]l de Sereseros, captain of the said Presidio of [San Juan Bautista del] Rio Grande, and [since you know] what the said mule was like, I would appreciate Your Grace's stating at the end of this [document] whatever you know of the matter, for better accuracy in theoadministration of justice. 3v I remain at Your Grace's // disposal, that you may send me whatever it please you [to send], and I beseech God to protect your life many years. At this your home, May 7, 1781

8 7'+ Your Gracels true servant kisses your hand. Marcos de Zepeda [L.S., 3-3v pp., in E. 5 /1/ /23/1781] Senor alcalde Don Marcos de Zepeda: ^ My dear sir: It is correct that I was present when the claim against Private Antonio Martines for one mule was presented'to my captain, Don Manuel de Cedecedo. I state that it had been sold to the said soldier [Martines] by a resident of the 4 Presidio of // [San Juan Bautista del] R3/-o1 Grande called Matias Bermeo and that [Martines] was prepared to give back the mule whenever what he had given for the mule was returned to him. Yet the said resident, [Bermeo], said that [the circumstances] were not as the soldier said they were. For this reason my captain had taken it into custody, and I know nothing more of the particular matter [from this point]. I remairi disposed to serve Your Grace in whatever may arise. May Our Lord protect Your Grace's life many years. Presidio of S[a]n Antonio [de Bexar],

9 75 May 9, Your true servant kisses your hand. Baltasar Peres 4v // [Blank] [L.S., 3v-4 pp., in E. 5/1/ /23/1781]

10 76 [cross] I, Josef Fran[cis]co Carabajal, first corporal of the company which garrisons the Royal Presidio of S[a]n Ant[oni]o de Bexar, state that while I was going as an ordinary soldier to carry the [mail] packets, according to regulations, to the Presidio of [San Juan Bautista del] Rio Grande in 1778, Guadalupe Rangel requested that I ask Don Gaviel de la Gaza for a mule which he, by an authorization which [Rangel] had given him, had received from Don Vartolo Menchaca and which remained in [Garza's] possession. [This is] factual and true. I spoke to him on the subject, making the request which Rangel had fervently made of me. He replied to me that he would not deliver it to me to take back [to Rangel], since it was not at the place to which he was going among the new presidios. As evidence of this I have affixed my signature on the fourth of May, Josef Fran[cis]co Caravajal 5v // [Blank] [D.S., 5 p., in E. 5/1/ /23/1781]

11 77 [Continued from MS p. 2v, p. 72 herein] 6 // of this [sic Presidio of S[a]n Juan Bapt[ist]a del Rio Gr[and]e del Norte, have seen the exorto aforegoing and the cause which prompted it. My court was involved in a claim put forth by Don Xavier de la Garza against Matias Vermeo, both residents of the said presidio, where the second was apprehended for not having shown the mule which he sold or delivered to Private Martinez, in whose possession it was recognized by the said Garza. In order to uproot the vice which taints judgement with confusion of material [evidence], and for the better administration of justice, I must command and do command that the ministro de Justicia summon to appear in this my tribunal the aforenamed Don Xauier de la Garza. Being here in person, he is to be notified [of what infor-.mation he is to give] and be made to give appropriate information that the mule concerned in litigation is the same one which was received by Don Bartholo Menchaca and that it belongs to Guadalupe Rangael. All is.to be done by this auto. I, the said captain, thus do provide, order, and affix my signatu.re.at this said presidio, on the sixteenth day of the month of June, in the year seventeen hundred eighty-one, before'the attendant witnesses with whom I act in the absence of a notary, and on the present plain paper, for lack of the proper kind. This I certify.

12 78 Manuel de Cerecedo y Velasco Fran[cis]co Tigerina attendant F Andres Cadena attendant [D.S., 2v p., 6p., in E. 5/l/ /23/1781] 6v At this above-said // presidio, on the seventeenth day of the afore-mentioned month [of the said] year, Don Xauier de la Garza appeared before me and this court by the summons served upon him for that end. [He appeared] in person--for I know him and so attest--and I notified him and made known to him the auto aforegoing. Satisfied that he understood it, he said that he heard it and that he has considered and does consider himself duly informed. [He said also] that he was ready to give the information demanded of him by me, the said judge. To this end and in confirmation of his integrity and the truth of his words, he begs me, the present judge, to send an exorto to the justice of the villa of [La] Candela, since [the mule] was received in the said villa, [because] the witnesses he can call are there, and because there is at this presidio not one person who can prove [his position]. Likewise he asks the senor judge exortante, for the greater force and clarity of the truth,

13 79 to remit the mule, so as to remove, upon seeing it, the doubt which some foreseeable judgement might occasion. This he gave as his reply and signed it with me and those in attendance with whom I act, as above-said. This I certify. Manuel de Cerecedo y Velasco Xaviel de la Garza Andres Cadena attendant Fran[cis]co Tigerina attendant [D.S., 6-6v pp., in E. 5/1/ /23/1781] At the above-said presidio and -[on the same] date, I, the aforenamed captain, have seen the reply of Don Xauier 7 de la [Garza] // and the reasons he offers so that he will not be required to give at this afore-mentioned presidio the.proof requested of him while he is attempting--as he asserts-- to give it at the villa of La Candela, where he received the mule mentioned in litigation. Likewise [he says] that that jurisdiction is separate from this, and also that to issue the exorto requested by the said Don Xauier de la Garza and other matters required, by the cause ought to proceed from the court in which the said cause was initiated.

14 80 For it is the place where the plaintiff resides and [there are] other [reasons] prescribed by law. Thus I must command and do command that this exorto, with what is adjudged at the end thereof, be-returned to the judge who issued it, so that he may decide how to proceed,in justice. This auto completed, I thus provide, order, and affix my signature thereto, acting on the above-given date. This I certify. Manuel de Cerecedo y Velasco Francisco Tigerina attendant Jose Antonio Aguilar attendant [D.S., 6v-7 pp., in E. 5/1/ /23/1781] As advised in the above auto, let these proceedings be returned. As evidence, I place this record [therein], and hereto I have affixed my rubric. [Rubric of Manuel de Cerecedo y Velasco] [D.R.; 7 p., in E. 5/1/ /23/1781]

15 81 Villa of San Fern[an]do, July 9, 1781 In view of the return to this court of the proceedings remitted to the senor captain of [the Presidio of San Juan Bautista del] Rio G[rand]e, Don Man[ue]l de Cerecedo y Velasco, [which proceedings] concern the claim entered by 7v Guadalupe Rang[e]l against Don Javiel de la Garza, // a resident of [the Presidio of San Juan Bautista del] Rio G[rand]e, for one mule, I must command and do command that the said Rangel be made aware of Garza's response and that which was provided by the said senor. Thus it has been decreed, commanded, and signed by me, Don Josef de la Santa, regidor de cano and second-ranking alc[ald]e ord[inari o by virtue of my office and in the absence of the regular 4 F [office-holder], acting in my own presence with attendant witnesses, in the absence of a notary, as there is none; to which I attest. Jose de la Santa Josef Marcos de Aguilar attendant witness Jose Guadalupe de Agreda attendant [D.S., 7-7v pp., in E. 5/1/ /23/1781] Immediately, I, the said judge, in order to execute that

16 82 which was ordered by me in the decree aforegoing, caused to appear before me in this my tribunal Guadalupe Rangel, whom I informed, in person, of everything [concerned]. Understanding everything, he said that he heard it and that he begged me to deign to issue the exorto to the senor judge of the villa of La Candela, accompanied by the proceedings, so that in that tribunal the truth of the mule might be clarified at once. For [he said that] he was a poor man ^ and had need of [the mule] or its value. And so that [the defendant] will respond in the said tribunal to this demand, he gives his power of attorney apud acta to Don Juan Jose de la Santa, a resident of this villa. This he gave as his reply. He did not sign, as he said he did not know how. I did so for him with those attending me, with whom 8 I act // in the absence of a notary, since there is none, and on this [plain] paper, as there is none stamped, to all of which I attest. Jose de la Santa Josef Marcos de Aguilar [cross] attendant witness Jose Guadalupe de Agreda attendant [D.S., 7v-8 pp., in E. 5/1/ /23/1781] On the said day, month, and year [sic], I, the said

17 83 judge, in view of the request of Guadalupe Rangel, do state that I must command and do command that these proceedings be sent to the senor alc a.ld e m[laz]or of the villa of La Candela with an exorto and the disputed;mule, so that, since there are in the said villa those witnesses who know the said mule, this point may be defined in that tribunal. For Don Javiel de la Garza gave assurance of this in his reply of,the proximate past June seventeenth on the reverse of page 6 of the said proceedings. Thus I have provided, ordered, and affixed my signature, acting in my own presence with the attendant witnesses, in the absence of a notary as stated; to all of which I attest. Jose de la. Santa Josef Marcos de Aguilar [cross] attendant witness Jose Guadalupe de Agreda attendant [ D.S., 8 p., in E. 5/1/ /23/1781]

18 84 N Let these proceedings be remitted with the nine completed pages and the requisitorio as ordered. R I have hereto affixed my rubric.. [Rubric of Jose de la 'Santa ] 8v // [Blank] [D.R., 8 p., in E. 5/l/ /23/1781] [Next page : ] Blank v // [ Blank]

19 85 [cross] [I], Don Jose de la Santa, regidor de cano and secondranking alc[ald e ord[inari o, by virtue of my office and in the absence of the regular [office-holder], at this villa of S[a]n Fern[an]do, [do_state the following:] I make known to Your Grace, Don Fran[cis]co Flores, alc[ald e m[ay]or of the villa of [La] Candela, that before me and in this my tribunal, proceedings have been conducted, at the request of Guadalupe Rangel against Don Javiel de la Garza, concerning and pertaining to a mule. For this end the proceedings were dispatched with the said mule to the senor captain of [the Presidio of San Juan Bautista del] Rio Grande. This was done so that the appropriate proceedings might be conducted, since the aforenamed Garza and he who sold the above-mentioned mule are there. By his reply of the proximate past June seventeenth he says that he is ready to give the information at the villa of [La] Candela, since he received the mule at the aforenamed villa of [La] Candela and since the witnesses he can present on behalf of His Majesty (God save him!) are there. I thus implore and

20 86 desire of Your Grace, the said senor alc[ald e m[a.vl or, onmy own [behalf], and I beseech and entreat you, as soon as this my requisitoria is seen by you, to make Garza appear and give in your court the information which he has promised, so that this point may be clarified at once. I shall make [such clarification] as soon as I have seen [the information] from Your Grace. Given at this above- 9v mentioned // villa of S[a]n Fern[an]do, on the tenth day of the month of July, in the year seventeen hundred eightyone. I act in my own presence with attendant witnesses in the absence of a notary, as there is none, and on this plain paper, there being none stamped. To all this I attest., Jose de la Santa Josef Marcos de Aguilar [cross] attendant witness Angel Nabarro attendant witness [D.S., 9-9v pp., in E. 5/1/ /23/1781] Auto In the Valley of S[a]n Bernardino de la Candela and villa of S[a]n Ca.rlos on the twenty-third day of the month of July, in the year seventeen hundred

21 87 eighty-one, [I] Don Gregorio Fernandez Tixerina, acting temporarily as justicia m[ay]or and car[ita]n aguerra of this said villa and its jurisdiction in the absence of the alc[ald e m[ayj or, Don Juan Jose Flores Valdes, who is [the holder of those offices] in this said villa, in the presence of my attendant witnesses with whom I act por receptoria because of a lack of any notary--as there is none legally qualified--received the exsorto and the accompanying proceedings issued by Don Jose de la Santta, rezidor and substitute judge in the absence of the alc[ald e ordinario of the villa of San Fernando de Vejar. Consequent thereto, having seen the essential and fundamental matter as soon as it was delivered to me by Don Jose M[ari]a de la Santta, a resident of the said villa, I ordered to appear promptly and obediently those witnesses who might be presented to me on behalf of Don Xavier de la Garza, so that under a 10 religious oath they might declare // what they knew concerning this litigation, in order to ascertain the truth sought after for the administration of justice by the senor judge exsortante. When the proceedings which I deem sufficient are concluded, let them be returned to the said senor judge by means of this auto and for his information. Thus I have provided, ordered, and affixed my signature, acting as afore-stated. To all this I attest.

22 88 Gregorio Tixerina attendant: Miguel Ygnacio Trevino [Rubr.ic] attendant: Fra[ncis]co Antonio Trevino [D.S., gv-10 pp., in E. 5 /1/ /23/1781] lst witness: Don Fran[cis]co Antt[oni]o Trevino, Spa.nish, 38 years of age, and the generales are applicable to him. Immediately, at the said villa, on the said day, month, and year [sic], I, the forenamed, temporarily acting for the ale [a.ld] e m[2z] or, by virtue of the exsorto and the auto provided by me in continuation thereto, in order to receive the information made necessary thereby at the request of Guadalupe Rangel against Don Xavier de la Garza in the claim of one mule which [Rangel] suggests be taken from Don Bartholome de Menchaca y Soreano (now deceased), who was a resident of this said villa, [do state the following:] I caused to appear in this my tribunal Don Fran[cis]co Antt[oni]o Baez de Trevino, a Spaniard and a resident of this said

23 89 villa, thirty-eight years of age, to whose acquaintance I, the said judge, attest. When he was present I received from him an oath, which he took in [the name of] God and with a sign of the cross. Under this charge he promised to speak the truth in whatever he knew or might be asked. Being present before me, he stated [the following:] It is true that he had gone with his brother-in-law, Don Bartholome de Menchaca y Soreano, to the Presidio of San Antt[oni]o lov de Vejar [MS: one word illegible] passed [sic and that a new gray mule was shipped to him by Guadalupe Rangel. But he did not know at what amount the freightage settlement was made. His brother-in-law had [the mule] in his possession for a number of years. With the passage of time it became rather silver-gray. Before his brother-in-law died, Don Xavier de la Garza, a resident of the Presidio of [San Juan Bautista d]el Rio Grande came to him with authority from the said Rangel to have [the mule] delivered to him, and it was in fact delivered to him. He took it away, and [Trevifio says] that he has not seen it from that time until this day, Tuesday, the thirty-first of this the said month of July. And under oath he declares that it was the same I mule which the said Rangel shipped to his brother-in-law, Don Bartolome de Menchaca and that it bore the same brand as when it was delivered. [He s,tates] that this is the truth as far as he knows and has been questioned under the

24 90 oath which he took. Thereupon he was read this his declaration verbatim, which he affirmed and ratified. And though the generales are applicable to him, he has nonetheless not forsworn himself under his religious oath. He signed this with me and those attending me, as stated. To this I attest. F Gregorio Tixerina attendant: Bartolo Gebara attendant: Miguel Ygnacio Trevino Fran[cis]co A[n]tonio Trevino [D.S., 10-10v pp., in E. 5/1/ /23/1781] 2nd witness, 11 // Don Mig[ue]l Ygn[aci] o Baes de Trevino, At this the said villa of S[a]n Carlos de la Candela, 11 on the said // day, month, and year [sic, I, the forenamed, Spanish, 30 years temporarily acting for the of age; the generales are applicable to him. alc[ald,e m[ay] or, in the presence of my attendant witnesses with whom I act por rezeptoria, [in order to

25 91 receive] information requested by the senor judge exsortante concerning the said mule, which [request] was presented to me by Don Jose M[ari]a de la Santta, a resident of S[a]n Antt[oni]o de Vejar, [do state the following:] I caused to appear before me Don Mig[u]el Ygnacio Baes de Trevino, from this area, Spanish, thirty years of age, a witness presented on behalf of Don Xavier de la Garza, a resident of the Presidio of [San Juan Bautista d]el Rio Grande del Norte. He was present in person, and to his acquaintance I attest. I received from him his oath, made in complete legal form, in [the name of] God Our Lord and with a sign of the Holy Cross. Thereupon he promised to speak the truth in whatever he knew or might be asked, whereupon he stated [the following:] At the time when his brother-in-law, Don Bartholome de Menchaca y Soreano, went to the Presidio of S[a]n Antt[oni]o [de Bejar] with his brother, Fran[cis]co Antt[oni]o Baez de Trevino, he took a new gray mule. He heard him say several times that a certain Guadalupe Rangel had rented it to his said brother-in-law and that during the time in which he had it in his employ it became silvergray. After he had had it some time, his said brother-inlaw Menchaca delivered it to Don Xavier de 16 Garza, by authority shown to him from the said Rang[e]l. And when [the mule] was presented in order to ascertain the truth, liv the said mule was shown before me, the said judge. //

26 92 He said that it was the same one which his brother-in-law, Don Bartholo, had brought [him] from San Antt[oni]o [de Bexar]. It had the same brand given it by the said Rangel. And it had been delivered by his said brother-in-law to the said Don Xauier de la Garza, as stated. [The witness stated] that.he did not know whether the said Don Xauier had alienated [the mule], and that all that he had said under the oath he took was true. His declaration having been read to him verbatim, he affirmed and ratified it. And though the generales are applicable to him, he has nonetheless not forsworn himself under his religious oath. He signed [this] with me, the said ju'dge, and with those attending me according to law. To this I_attest. Gregorio Tixerina attendant: Attendant: Fran[cis]co Antonio Trevino Bartolo Gebara Miguel Ygnacio Trevino [ D. S., lov-llv, in E. 5/l/ '/23/1781 ] 3rd witness, Jose Brizeno, At this said villa of S[a]n Carlos de la Candela, on

27 93 Spanish, 40 years of age, E[enerale]s not applicable the f irst of August in the said year, I, the forenamed, temporarily acting for the alc[a.ld e m[^u]or, in the presence of my attendant witnesses, with whom I act por receptoria as below-stated [sic, for the verification and investigation which I am pursuing at the request of the senor judge exsortante as is evidenced by the same autos which he sent me and by the accompanying exsorto, [do state the following:] I caused to appear before me in this my tribunal Jose Brizeno, a Spaniard from this said villa, forty years of 12 age. I, the said // judge,attest to my acquaintance with him. He is a witness presented by the plaintiff. When. he was present I received his oath in customary legal form, which he made in,_[the name of] God Our Lord and with a sign of the Holy Cross. Thereupon he promised to speak the truth in whatever he knew or might be asked. He stated [the following:] It is true that he was quite familiar with a gray mule which Don Bartholome de Michaca kept in his possession and that he knew and it was obvious to him that Don Xauier de la Garza, a resident of the Presidio of [San Juan Bautista d]el Rio_SGrande recovered it by stating that he had authority from a certain Rangel, a resident of S[a]n Antt[oni]o de Vejar. He had heard it said that, after

28 94 the said Garza had taken the mule away, it was lost. He knew nothing more of it. When I, the said judge, asked him whether he would recognize it if he saw it, he said, "ryes". And when the said Don Jose M[ari]a de la S[an]ta showed it to him, he said that it was the same one which the said Don Bartholome had in this valley of [La] Candela. He affirmed and ratified [his testimony] given under oath, [saying] that everything was the truth as he knew it and was questioned on it, and that the g[enej rales de la ley were not applicable to him. He did not sign. He said that he did not know how to write. I, the said deputy, did so with F those attending me. Gregorio Tixerina attendant: Fran[cis]co Treuino To all this I attest. attendant: ' Miguel Ygnacio Trevino [D.S., llv-12 pp., in E. 5 /1/ /23/1781] 12v 4th witness, // Pedro In the said villa of Basq,[ue]z, Spanish, S[a]n Carlos de la Candela, 12v 45 years of age, on // the said day, month, g,[ ene rales not applicable and year [sic], I, the said deputy to the alc[ald e m[ay-lor

29 95 of the,said villa and its jurisdiction, in the presence of my attendant witnesses, with whom I act por receptoria according to law, [do state the following:] The party of Don Xauier de la Garza presented as a witness_ Pedro Basquez, a Spaniard of this vicinity, forty-five years of age. When he was present, I received from him the usual oath, which he made in person. I attest to his acquaintance. He made [the oath] before me, in [the name of] God Our Lord and with a sign of the cross. Under this charge he promised to speak the truth in all that he knew or might be questioned on. [Asked] whether he was familiar with a gray mule which Don Bartholo Menchaca y Soriano had rented from a certain Rangel, a resident of San Antt[oni]o de Vejar, and [whether he knew] its ultimate location, he said [the following:] It is true that he knew of a gray mule which the said Menchaca had. But he had heard it said said [sic that Don Xauier de la Garza, a resident of [San Juan Bautista d]el Rio Grande had taken it away on orders from a man from San Antt[oni]o [de Bejar] named Guadalupe. Afterwards he learned that [the mule] had not been delivered to him, for it had been lost. He knew.nothing else. Asked whether he would recognize it if he saw it, he said, "Yes". I, the said judge, commanded that the mule appear. As soon as [the witness] saw it, he said that it was the same one on which the said Menchaca had been riding in this valley. And though it

30 96 was gray [at first], with the passage of time it had become silver-gray. But the brand which it bore on the mounting side was the same one the mule had. For this he affirmed and ratified [his testimony] under the oath he had taken. 13 // When this his declaration had been read to him verbatim, he said that the truth therein was not lacking. [He said that] the g.[ene rales were not applicable to him with respect to any of the interested parties. He did not sign, saying he did not know how. I, the said deputy did so with those attending me, as stated. To all this I attest. Gregorio Tixerina attendant: Miguel Ygnacio Trevino attendant: Fran[cis]co A[n]t[oni]o Trevino [D.S., pp., in E. 5 /1/ /23/1781] Auto of Remittal In the said villa of San Carlos de la Candela, on the said first day of August, in the year seventeen hundred elghty-one, I, the said deputy to the alc[ald e m[at or of this said villa and its jurisdiction, Don Gregorio Fernandez de Tixerina, have seen these proceedings conducted before me at the request of the*senor judge exortante, Don Jose de la Santa,

31 97 rex[id or de cano of the villa of San Fern[an]do de Vejar, in the Province of Texas. [The proceedings] were concluded, producing nothing more than the statements of the witnesses, according to whom it is obvious that all have replied and that as a result it seems that the legitimate owner of the mule is the previously cited Guadalupe Rangel. For it is 13v also known by me that the said // silver-gray mule is the same one which the said Don Bartholo hired and brought to me from the Presidio of S[a]n Antt[oni]o [de Bexar]. This I certify in all due legal form, making the assertion provided for; by virtue whereof I have approved and did approve [the proceedings], and have considered and did consider them sufficient; and consequent thereto I have L commanded, as I must command, that these proceedings be remitted to the office from which they originated, so that the senor judge exsortante may administer justice thereby as he deems most appropriate. [These proceedings], with the other provisions, comprise fourteen leaves, twelve filled and--including the one in this folio--two blank, all of them on plain paper as there is none of the proper [kind]. [This is done] without the expenditure of royal revenues. I act, as'i have written above, with those attending me; whereto; I attest. Gregorio Tixerina

32 98 attendant: Fran[cis]co A[n]tonio Treuino attendant: Miguel Ygnacio Treuino [D.S., 13-13v pp., in E. 5/1/ /23/1781] Villa,of [La] hundred eighty-one. Candela, October twelfth, seventeen On the said day, before me, the a.lc[a.ld e mayor, there appeared Don Gregorio Tixerina, who, 14 as deputy, // conducted these proceedings. He declares that [added: Don] Juan,J[ose]ph de la Santa, a resident of S[a]n Ant[oni]o de Bexar, has given him the amount of six pesos and one real for his work. And so that the same Don Ju[a]n J[ose]ph may be reimbursed for the same fee, this record was hereon placed on the said day, month, and year, [sic and I have hereto affixed my signature. Juan J[ose]ph Flores Valdes [D.S., 13v-14 pp., in E. 511/ /23/1781] Villa of San Fern[an]do, November 22, 1781 In view of the return to this court of the proceedings aforegoing, which were remitted to the a1c[ald]e m[ar or of the villa of [La] Candela and [in view] of that which was

33 99 there discharged by the deputy in the examination of three witnesses, and their replies declaring that the mule dealt with is the same as the one which they recognized [in the possession of] Don Bartholome Menchaca, and which belongs to Guadalupe Rangel; I therefore have stated that I must command and do command that the afore-mentioned mule be delivered to the said Rangel and that the private in this company [at San Antonio de Bexar], Ant[oni]o Martinez, be notified of this provision so that he may use it in recourse against the person who sold him [the mule]. Thus it has been decreed, commanded, and signed by me, Don Jose de la l4v Santa, second-ranking alcalde ordinario, by virtue of // my office and in the absence of the regular [performer of such funct.ions], acting in my own presence with attendant witnesses in the absence of a notary, and on this plain paper as there is none stamped. [To this] I attest. D Jose de 'la Santa Angel Navarro attendant attendant: Jose Marcos de Aguilar [D.S., l4-l4v pp., in E. 5 /1/ /23/1781] The mule [in question) was delivered to Guadalupe Rangel and

34 100 the [above] provision was made known to Private Antt[oni]o Martinez as ordered.' I have affixed [hereto] my rubric, November 23, [Rubric of Jose de la Santa] [D.S.,a14v p., in E. 5 /1/ /23/1781]