1 [Cross] Don Juan Maria 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 [Governor] of the New Kingdom of Leon, [in the name of] His Majesty, Etc. In the royal presidio of San Antonio de Bexar of the villa of San Fernando, on the first of August, seventeen seventy-four, acting as Delegate Judge, [and in the company] of my es since there is neither Royal Scribe nor [Notary] Public in this province, and on this common paper because there is none with a seal, [I, the Baron of Ripperda, state the following]: That, Joachin [Joaquin] Benites of this neighborhood came before me and stated he was executing [the following Deposition] in order to receive the punishment he knew he deserved [for having] served as a servant to Don Marcos Vidal, [also] of this vicinity. [He served in this capacity] on a mule and horse train journeying to Fort Nachitoches [Natchitoches]. [However], before arriving at their destination, they were engaged [in a fight by soldiers from the
2 fort], and he managed to escape. As a result [of this] I ordered that he be chained in the Guardroom, since there is no jail [in this place]. [This] was done yesterday, the last [day] of July. [Afterwards], on the same date, and at midnight, the Lieutenant Commander of the [military] detachment [garrisoned] at Fort Zivolo [Cibolo] brought in, as a prisoner, Nepomuzeno Travieso. [Travieso], also an inhabitant of the villa [of San Fernando] voluntarily appeared at the said fort having fled from the aforesaid Fort of Nachitoches [sic] where he said he had been held with the other prisoners. Since there is no jail, [in this presidio], I ordered that he also be chained in the Guardroom. lv Likewise, I commanded that we hold as //prisoner, but un-chained, an Indian between seventeen and eighteen years of age who has adopted [our] Spanish customs, and whose parents [live] in the mission of San Antonio. He had been apprenticed to a native shoemaker outside [the mission]. Entering his service, they had traveled to Nachitoches [sic], [but] not wishing to enter [that fort] he stayed behind with the Captain of the Tejas until he found an opportunity to return [here]. Having fully interrogated [the Indian], I should command and by this [edict] I do command, that since I
do not find him guilty [of any violations], he be set free and returned to the custody of his parents. And they are to see that he does not again become a servant to anyone [traveling] through -[Texas] territories or going to the aforementioned Fort of Nachitoches [sic]. Neither is he [to be allowed] to absent himself [from this villa] to go to another neighborhood without proper authorization, under penalty of being punished for either [his] flight or [his] crime. Thus do I decree by this my auto, that preparatory proceedings at law be made in regard to the aforesaid offenders by taking their depositions and that a[most thorough deposition be taken] of the afore-mentioned Indian, Juan Antonio. Thus have I decreed in the company of my attendant witnesses. In witness whereof, I certify. El Baron de Ripperda Antonio de las Barzenas Joseph Ygnacio Oneale [D.C. 1-lv pp. in E. 8-1-1774]
i!1 Deposition of Joa.chin [Joaguin] Benites Asked if he swore before the Lord our God and a sign of the Holy Cross to tell the truth in whatever he was asked, He replied that he so swore. Asked from whence he came, and where he had gone, He replied that Don Marcos Vidal had mislead him by saying that he [Vidal] was going to Parras; that he 2 [Benites] left the presidio with him //and [Vidal] took him, along with others, to the Ranch of Ygnacio [Ignacio] Pena. Having advanced him some pesos which he [Benites] owed another young man, [Vidal] then forced him [although he did not so desire], to follow him [in the capacity] of a servant, on the [said] trip. [Vidal] said they were going to Nachitoches [Natchitoches] with apartida of mules unbroken to the saddle and fifteen with packsaddles laden with twenty or thirty empty hampers and eight empty barrels. Accompanying this caravan of neighbors of this presidio, were the son of the Senior Constable of this villa, Nepomuzeno Travieso, Juan Joseph Bueno, Patricio Padilla, Bartholome de Sierra with his sons, Gregorio and Xptobal [Cristobal], Mathias [Matias] Guzman, [a] neighbor from the Colony of
A 5 Nuevo Santander, a brother of one of the soldiers of this presidio called Eusevio, and two other young men, from the outside, whom he did not know. From [the shore] of the Nechas [Neches] River, Don Marcos, accompanied by Gregorio de Sierra, proceeded toward Nachitoches [sic]. From there [Vidal] wrote a paper to Bartholome de Sierra telling him that everything was favorable and that he should continue to said fort with all they were carrying. Said paper was brought [to Bartholome Sierra] by Juan Antonio Ybarbo, a citizen of Lovanillo. [Ybarbo] overtook them at the rancho del Vallesillo. The paper went on to say that they would be received at the rancho de Los Tres Llanos. They continued their march until they reached the said ranch where [they stopped, and] the bearer of their reply proceeded forward. Everyone told [the bearer] to advise Don Marcos that unless he or Gregorio de Sierra [rode with them] they would not continue their journey. Remaining there, on the morning of the next day, [Benites], hearing shouts, climbed on top of the tapanco of the house. From [that position] he saw Gregorio de Sierra coming [toward the building] and shouting. He was Gv //surrounded by three Frenchmen, and was being followed
by a party of others [Frenchmen]. Everyone was galloping and when he saw them take Nepomuzeno Travieso prisoner [in spite of] his resistance, he climbed off the tapanco and hid in an adjacent arroyo. [He remained there] until he saw that everyone had left taking with them as prisoners [all] the people and their belongings. [Benites, then] went toward the house and recounted everything he had seen to the owner [Mendoza]. He warned [Mendoza] to leave since harm might come to him [if he didn't]. With that, he took the road to Vallesillo where he [found] and joined Mathias [Matias] Gu.zman who had [fallen behind] because of illness. Coming upon three beasts abandoned by Nepomu.zeno Travieso, the witness and his companion rode bareback to Nacodoches [Nacogdoches], where The Provanzal [Provenzal] who traded with the Texas [Indians] gave them one breech-clou.t, two heavy knives, and one bundle of tobacco so that he could buy one saddle and something to eat. Having picked up two other animals of Nepomuzeno Travieso in Lovanillo, they continued their march with five [beasts]. From Lovanillo to the Trinity [River] they were accompanied by [several] Indians, [who were] from one ranch or another, and one Texan. [On,the banks.of the Trinity
! 7 River] they took a siesta along with some Tancagues [Tonkawa] Indians from this side of the Colorado. Captain Sauto of the Texas, manifested to them tthat] he was vexed because the [Indians] from the Adaes had not moved [over] to live close to them. Tired, the witness and his companion arrived at the Challupines [ranch of the Chayopines] with the animals. They l,eft the two packsaddles, which they had brought by 3 mule, at the Paso de las Mugeres [Mu.jer es]. //With others, Francisco Travieso [about this time, also] arrived at the Pass, and Mathias [Matias] Guzman delivered to him the packsaddles belonging to his brother. [Whereupon] the witness [mounted] the horse of Xavier Padilla having told his companion that if he could acquire a horse on which to ride [to this presidio], he would [promptly travel here] for the purpose of giving himself up. And thus did the witness do for the purpose of receiving his punishment. Asked what Don Marcos had offered him.for the trip, He replied that twenty-five pesos in reales, but that he had not received them. [Furthermore], he [stated] that he had nothing further to say, [that] he did not know his age, nor could he sign his name. [For this reason],
i 8 he made the sign of the cross and I signed this [statement] with my es. El Ba.ron de.ripperda [Mark] Antonio de las Barzenas Joseph Ygnacio Oneale [D.C. lv-3 pp. in E.]!
9 Deposition of Nepomuzeno Travieso Asked if he swore before the Lord, Our Father, and a sign of the Holy Cross (which he formed with his hand) to tell the truth in whatever he was asked, He replied that so he swore. Asked from whence he came and his purpose in fleeing, He replied that he had fled from Nachitoches [Natchitoches] and that at the rancho of Los Chayupines [Chayopines] he had joined the party of Don Marcos Vidal. [This party consisted of] -the neighbors Patricio Padilla, Bartholomo de Sierra and his sons Gregorio and Xptobal [Cristobal], Juan Joseph Bueno, Joa.chin [Joaquiri.]. Benites, Mathias [Matias] Guzman, a neighbor from Reinosa [Reynosa], Pedro Revela'and Juan Joseph Guerra. The last two young men were servants from Camargo and its environs. The said Don Marcos carried [in his pack train] seventy-one mules unbroken to the saddle, (of which five were lost) and eleven or twelve saddled [mules]. No other freight was carried except one petaca of pilonsillos [piloncillos]. Some of [the packsaddles] were empty and six or eight barrels were [also] empty. [Travieso] dared the risk of fleeing since he had been! told by the said Don Marcos that he had to go to Nachitoches
1 3v [sic] for the purpose of paying a debt. A neighbor //from that Post, called Mermellon, had written [Don Marcos] two letters from there before Atanasio de Mezieres had returned. (Indeed, Don Marcos did not know of his arrival). [Mermellon, in his letters ] told Don Marcos that he had received permission for him to come [to Natchitoches] and pay him either in money, mules or whatever he had. Indeed, he did not need to fear that any harm might befall him or those who accompanied him. [Furthermore], the Senor Governor had told him that he was going to Parras or Vallesillo.! Asked [if he knew] with whom the said Don Marcos had contracted the aforementioned debt and of what [the debt] consisted, He replied that [the debt] consisted of merchandise and tobacco which he [Vidal] had brought from the Adaes the previous year when he had come [from there]; and that he had [purchased] these [goods] from the aforesaid Me.rmellon, a,resident of said post. [Travieso] also knew, [Vidal] having told him, that he had buried [these commodities] in the field of this presidio, and that two or four [pieces] of breta.na, two pieces of fine indiana, and about one hundred bundles of tobacco were stolen from him. [Travieso went on to say that] they continued their
11 march and beyond the Colorado River they met six Tancagues [Tonkawas], only one of whom recognized and spoke to them. Afterwards, [as they passed through], they met [some] Texas and Ays [Indians] in their usual villages. In the former, they found a Negro from Nachitoches [sic] who was buying deer hides, and in Nacodogches [Nacogdoches] a Frenchman called The Provanzal [Provenzal] who traded with the said Texas'[India.ns]. Among the residents that lived on the rancho del Lovanillo, they found only two women, an old man named Juan Francisco, and some Ays Indians. Miguel de Cordova, with his wife, mother-in-law and daughter had gone to Nachitoches [sic] for several days, as was his custom [on occasion]. Monsieur Carlos, Juan Antonio Ybarbo and another young man called Mariano Yvarvo [Ybarbo] had gone in search of salt. Asked how they had reached and how they had been received in Nachitoches [sic], He replied that from the River Nechas [Neches] (four or five days before they arrived) [at Natchitoches], Don Marcos and Gregorio de Sierra went on ahead and Jua.n Antonio Ybarbo (one of the aforesaid residents of Lovanillo) came 4. out //to meet them at the ranch called Vallesillo, four leagues beyond the River Savinas [Sabine River]. He brought
12 a paper to Bartholome de Sierra from Don Marcos. In this paper [Don Marcos] told [Bar tholom.e] to inform everyone that they were to [proceed on their journey] and arrive with the packtrain they were leading. They continued onward to the rancho de Los Tres Llanos, about four or five leagues before reaching the Adaes. They went [this route] [since] some of their animals were'tired; and in view of the fact.that they were told by some Ays Indians that the aforementioned Don Marcos and Gregorio de Sierra had been taken prisoners. Nevertheless, the said Antonio Ybarbo assured them [that the abovenamed men] had been free when he left there to go to Natchitoches. [However,]the next day about thirty or forty militiamen came from there conducting Gregorio de Sierra in front of them. From afar [Gregorio] shouted to them "Do not be afraid, Comrades, there is nothing of any consequence [to fear].." Notwithstanding, [this soothing advice], after arriving [among them] he told them that Don Marcos was a prisoner, but that he had been released and brought [to them] so that they would not flee to the hills or riot. [After this announcement] everyone remained quiet except the witness who, pretending to check his arms, halted in ^ front of the door of the ranch. The Frenchmen tied him,
9 13 although by force, telling him that they had orders to take everybody, even if they had to shoot [them]. He requested [that they loose him], and by feigning [acquiescence] gave himself up. [Seeing his tractableness] they released him, ordering an official and four militiamen to go in front of the witness and Patricio Padilla. The other [militiamen] stayed behind to conduct the rest of the people and the mule train to Nachitoches [sic], where they arrived, with everything, that [same] day. [That is everyone arrived] except Joachin Benites, who had hidden himself in the hills as soon as he had seen the Frenchmen coming. Arriving at the house of the Commandant, Don Atanasio de Mezieres, they unsaddled and he ordered that they be taken to the house of Rembin where they would eat, and [afterwards] they could walk around. [All] this they did. The next day the said Commandant called them and each one came before him and made a statement. Afterwards, with the exception of Don Marcos, who was in chains 4v //they returned to their walking. The witness and Patricio Padilla were the only ones.forbidden to speak to [Don Marcos]. But when the said Padilla requested permission to [exact from] Don Marcos eight pesos which he had withheld from him, the said Commandant granted him [this permission].
14 [The Commandant] told [Padilla] that he also would talk to [Don Marcos] telling him to return [Padilla's eight pesos]. But the witness knew that Benites and Mathias [Matias] Guzman (who had stayed behind, because of illness, at the rancho del Vallesillo) would be coming [soon], bringing, with them the animals they had left, because of exhaustion, at Lovanillo. [Fearing] they would bring bad tidings to the Commandant, and because he [Travieso] wanted to present himself to the Senor Governor, [Travieso] determined to flee from Nachitoches [sic] on the day following [the one on which he gave] said statement, which was counting back from this day, Sunday, (fifteen, or sixteen days before Travieso's arrival at this presidio). [Travieso put his plan into effect by] walking [from Natchitoches] to the rancho de Los Tres Llanos. [There] the owner, named Mendoza, loaned him a mule with the commission that he send him one or two [mu.les] when the people undertook to leave with their trastos. In Nacodogches [Na.cogdoches], The Provanzal [sic] entrusted [Travieso] with a young Indian who, raised by a resident [of the Adaes], who was serving a Padre Ministro, had come to this presidio at the [same] time as the other
[Adaens], and had been delivered by them to his parents. They [in turn] had apprenticed him to a shoemaker from the 15 outside. Accompanied by another brother of his, the shoemaker went on a hunting [trip] and were lost in the Barzos [Brazos] River. From there, due to a lack of supplies, they went to the Texas [Tejas Indians]. From there, with a Frenchman, they proceeded to Nachitoches [sic] where they were detained by the Commandant until such time as there would be someone to escort them. [During this time], the [Indian] boy remained in Texas -- sometimes with the Indians and at other [times] with Monsieur [The] Provanzal [sic]. [It was the latter] who gave the witness a horse to expedite briging the said Indian, and with whom [Travieso] went directly to Fort Zivolo [Cibolo]. They arrived [at the said fort] shortly after mid-day on the 3th of July, and voluntarily gave themselves up. 5 //A.sked if he had brought anything [with him] besides his clothes, He replied that he had brought nothing. That as he had [previously] affirmed, he had left Nachitoches [sic] on foot, and that at the rancho of the Tres Llanos, Mendoza, seeing him [wearing] a shirt that was in rags, gave him the shirt that he now wore. [He also stated] that living on
16 the rancho of the Vallesillo were the Indian, Joseph Manuel, his wife who is an Adaesano, and Marcos Losoya. [He went on to say] that he has nothing further to report, and that by the oath that he has taken he verifies the veracity of everything he has said, that he is twentyseven or twenty-eight years of age, and that he signs [this Deposition] with me and my es. El Baron de Ripperda Joseph Ygnacio Oneale Juan Nepomuzeno Travieso Antonio de las Barzenas [D.C. 3-5 pp. in E.]
17 Deposition of Juan Antonio Cuevas Asked if he is aware of the binding power of an oath, and if he swore before God, our Father, and a sign of the Holy Cross, which he formed with his hand, He replied that he acknowledged the oath [which he had made] before God, our Father, and the sign of the Cross, to speak the truth, [and that] he would truthfully answer [all questions] propounded to him. Asked where he had lived and with whom he had entered the Nation of Texas, He replied that he had served the Reverendo Padre Almillano, who had reared him, in the Mission of the Ays; and that he had left [the Mission] in company with the other inhabitants of the Adaes. [Later] they had given him [back] to his parents who [belonged] to the Mission San Antonio. From there he had been apprenticed to a shoemaker called Juan Antonio. He does not know his surname. [He does know, however, that he is] from the outside [from other parts] and that he has a wife [living] in the Mission of San Joseph. He left there in the company 5v of the brother of the said shoemaker and his son, //the latter being about four years old.
18 In Vallesillo they sold a cargo of meat and another of fodder and fat. Thence, they proceeded to the Yguana [Iguana] where they remained during Holy Week. From there [the shoemaker] left with said brother and the witness, who continued serving him. Taking his son with him [the shoemaker] entered [Natchitoches] with ten horses and seven mules, three of them broken to the saddle and four not saddle broken. Of these, he said that two stallions, one sorrel-colored, and one ardo, one mule and three horses, one a bay, one blackish, and one light-colored, must be sold. They encountered the French son of Monsieu.r [the] Provanzal [Provenzal] in the house of [either] Captain Sauto or [Captain] Vigotes. [The latter] wished to buy the animals from them. [However], not settling [on a price], the Frenchman, the two masters [of the witness] and the boy marched on toward Natchitoches. They carried with them the hides which they had purchased with a half load of du.lze [dulce]. They [also] carried with them the money which they had made [fma the sale], in Vallesillo, of the meat, fodder and fat [lard], mules and horses [which have] already been mentioned. Captain Vigotes counseled the witness not to [travel
19 on], telling him that [if he did], The Provanzal [sic] would [probably] write [,r2questing] that he be apprehended. [Cuevas promptly] to his masters that he did not wish to go [any furt^ier] with them and that he would await their return [by] remaining with the said Vigotes. At times he went to Natcodogches -[Nacogdoches] to milk the cows which Monsieur [The] Provanzal [sic] had purchased from [Captain] Sauto. [On one of these occasions] he found himself in the said Nacogdoches at.the [same] time that Nepomuzeno Travieso had fled there from Natchitoches. [It was then that] Monsieur Provanzal [sic] told [Travieso] to bring him [Cuevas, to San Antonio de Bexar] giving him a horse to facilitate the journey. [He went on to say] 6 that Travieso //brought nothing but one change of clothing, one pair of breeches and two muskets, one of which, [Travieso] told him, he had taken from the wife of Juan Antonio Ybarbo, during his stay in Lovanillo. [Travieso further] stated that he had come from the Colorado [River] for the [sole purpose] of giving himself up -- which he had done. [Travieso] with the witness [Cuevas] reached the store or Fort of Zivolo [Cibolo] two days before the date they were brought to this presidio. They arrived at three [o clock] in the afternoon and found [only] four or five
2 soldiers, inasmuch as the Lieutenant and the greater part of the [military] detachment were [out] gathering shellfish on the strand. [What is more, the Lieutenant and his men] did not return until about two [o'clock] on the afternoon of the previous day. Although the referred to Nepomuzeno Travieso wished to come [here] on the morning of that same day, and was [in fact] outside of the stockade, the Corporal made him come back [inside] telling him to await the return of the Lieutenant. Arriving at the aforementioned time, [the Lieutenant] and six [of his] soldiers remounted their horses in order to bring in as prisoners [Travieso and Cuevas]. They were not bound [or chained]. The witness was loaned a horse since he possessed nothing more than what he b-rought, and it [the horse] was left with the [soldiers] of this detachment. The mule [was left] with To Ju.aniquin in the Chayupines [rancho of the Chayopines]. He does not know at what time, whether it was dusk or dawn, when they arrived at this presidio, and that they were placed as prisoners, although unchained, in the Guardroom. Asked how old he was, he said that he did not know, but he looked to be about eighteen years of age. He was asked if, upon entering Texas from the presidio
21 of the Bahia, they had passed any armed [soldiers]. He replied that 'upon entering Texas from said presidio they had encountered a detachment of soldiers whose Commandant had asked them where they were g.oing, and that his master had answered that [they were going] to the Mision del 6v Espiritu. //Santo. [Cuevas] did not hear what reply the [Commandant] made [to this statement] but he noticed that they turned off the road [and] headed toward said mission until the soldiers were lost to view. [Afterwards] they re-directed their steps and [took] the road to Guadalupe. Losing themselves they went to cross [about] a league below the Pass of the Governor. They had difficulties, [however] since the river was flooded and they had to hack their way [through the woods], on this side. There was a good exit on the other side. Before crossing [the river] they killed two cows one they ate, leaving only the bones. From the other, because.it was thin, they removed [only] the shoulder blades and hide [in order] to make a raft. From the head of the first cow, they made a vessel for barbecuing [their meat]. [The.witness] states that this is all he has,to say under the oath [he has taken], that he confirms everything
22 [said], and that not knowing how to sign [his namel he makes the sign of the cross. El Baron de Ripperda [Mark] Antonio de las Joseph Ygnacio Oneale Barzenas [D.C. 5-6v pp. in-e.]
M 23 In-the said Royal Presidio on the tenth day of the month of August of 1774, acting [in my capacity] as Delegate Judge in the presence of my es, [and] in the manner in which I should command, by these presents I do command [that] the persons of Joachin [Joaqu.in] Benites and Nepomuzeno Travieso be secured in the main Guardroom of this Royal Presidio since there is no other prison, and [Whereas it is necessary] to divide and attach the property of [Benites and Travieso] and [Whereas] i t is obvious that Joachin [sic] Benites has no property which can be attached, and [Whereas] it is found that Nepomuzeno Travieso is under the jurisdiction of the patria of his parents, [Therefore] it is found that there are only four 7 horses and two mules which [Nepomuzeno Travieso] //took and which carried, in their flight, the aforenamed Joachin Benites, Mathias Gu.zman ( who came and went in his company but who did not present himself and [consequently] could not be [interrogated]), the Indian, Juan Antonio Cuevas and the aforesaid Nepomuzeno Travieso, from whose account they came and went on six caballerias (although he alleges that they were not all his).
24 [Nevertheless], as if they were [his], I attach them, the two muskets which were found, and the ball and powder. I command that these [items] be examined by Juan Ygnacio [Ignacio] Guerrero, for which purpose I name him Inspector. The aforementioned Nepomuzeno Travieso, on his part [should] name [another] inspector, both of whom, under oath and in due form, should depose [and say] that, to the best of their knowledge, the said muskets and ammunition are [of] foreign [make], and that they base their opinion upon the best of reasons and [their] fitness as inspectors. [Furthermore, I call] attention to the fact that if these Inspectors do not observe their oath ipso facto, they will incur the punishment of traitors. Thus did I decree,.command and sign.. Of all this, I certify. Joseph Ygnacio Oneale Baron de Ripperda [D.C. 6v-7 pp. in E.] ^
25 In fulfillment of the preceding auto which informs Nepomuzeno Travieso, that on his part he is to name an Inspector [to represent him, and] in obedience thereof and as commanded, [there] appeared before me the said Juan Ygnacio [Ignacio] Guerrero as the Inspector appointed by me, and Antonio Verneau [as the Inspector] appointed by the aforesaid Nepomuzeno Travieso, the offender in this case. I received from [Guerrero and Verneau], intelligent [men] and residents of this Royal Presidio, their oaths 7v in due and //proper form, and by these [oaths] they swore to tell the truth. Upon being shown the two muskets, the one pound fourteen ounces of powder and the five pounds five ounces of shot, they said that they recognized everything from their recollection [of the items] at the time they lived in Los Adaes, adjacent to Natchitoches. Likewise, since the aforesaid Antonio Verneau had served in France (where he is from) they both agreed that one of the muskets was of the kind that formerly had been used by armed French troops. The other [musket] was an English [one] of the kind used by the residents of Natchitoches against the Indians.
26 [Although, they knew] that the gunpowder was French, they were in doubt as to [where] the shot [was from]. Consequently, Nicola`s Quinones, also a resident of this Royal Presidio, and also formerly from Los Adaes, was named as a third [party Inspector]. I received the oath, which he likewise made in the proper form, offering to tell the truth [in all that he said]. Under such oath, he declared that one of the muskets was of an ancient French [make], the other [musket] was of an English [make] and that the powder was French as stated by the aforesaid Inspectors. [He further stated that] he could not be certain that all of the shot was French [but that] among [the shot] he did recognize some that were [French] because of the color of the iron, [and the fact that they were] round and without seams, such as [those] he had seen in Natchitoches. The two Inspectors and the third Inspector appointed 8 //by me [then] approved everything that they had deposed. Two [of the Inspectors] signed with me, but Juan Ygnacio [sic], not knowing how to [write], made the sign of the cross. My es, with whom I act in the aforementioned capacity, also signed [this document] with me. Of all this, I certify.
27 El Baron de Ripperda Antonio Verneau [Mark] Nicolas Quinones Joseph Ygnacio Oneale Ant[oni]o de las Barzenas [D.C. 7-8 pp. in E.] 4 ^
i 28 In the Royal Presidio of San Antonio de Bexar, on the ninth day of the month of September of seventeen seventyfour, the Baron de Ripperda, Governor of the Province of Texas acting as Judge in this sumaria, in his opinion and on the basis of the examination made by Juan Ygnacio [Ignacio] Guerrero and Antonio Verneau., as Inspectors, and by Nicolas Quinones as the Third [Party Inspector] who carried out this inspection [announces the following]: Nepomuzeno Travieso when he came from Natchitoches and presented himself at the Fort of Santa Cruz del Zivolo [Cibolo] brought with him two muskets and [some] ammunition. As a result of the existing formalities, and since it is clearly [the duty] of this Kingdom to uphold our agreement with the Province of Louisiana, I should declare and [by this auto] do declare the following: The said two muskets and ammunition confiscated and appropriated by the Commission, and also the four horses and two mules which were ridden [here] by the two offenders and Mathias [Matias] Guzman, who followed them in their flight, but did not give himself up, should be sold at public auction. As is the custom, [the auction] shou.ld be concluded efficiently and summarily. [The sale];should go to the highest bidder as long as it is at a price that
8v is adjudged reasonable by //persons who know values. 29 The money [from the sale of] the horses and the contraband muskets and ammunition sold or appraised shall be deposited in the box with the three keys [which contains] the Fondo de Gratificacion which belongs to the company of this Royal Presidio, since there is no treasury [for the safekeeping] of any rent [money]. [This is to be done] while awaiting definite sentence to be passed [on the offenders] and until the referred to [money] can be divided into four parts to the proper parties. Therefore, I command that the confessions of the offenders be taken only with regard to the charges which are made against them in the autos as no proof of the seized goods can be made since they do not have them. For this reason, the appointment of a Casador to defend the minor children of the offender, Juachin [Joaquin] Benites, [is necessary]. And for the same reason [also], the Casador [of these minors] should give to the Fiscal or the Administrator, the money which is collected from [the sale] of the Zeneros. And by this, my auto, so did I decree and sign in the company of my es. Of all this, I certify.
a 3 El Baron de Ripperda Joseph Ygnacio Oneale Antonio de las Barzenas [D.C. 8-8v pp. in E.],
31 By virtue of the [fact that] the preceding auto found Juan Ygnacio [Ignacio] Guerrero and Marjil Falcon, residents of this Royal Presidio, to be experts and locksmith masters, I appoint them, [as] Appraisers of the muskets and the ammunition that constitute this lawsuit. And as Appraisers for the cavallerlas [daballerias] that 9 have also been confiscated, I appoint as //experts [appraisers] from this vicinity, Don Juachin [Joqauin] Menchaca, the present Alcalde and Marcos de Castro. I heard, in their proper form, the oaths which they made in the name of God, Our Father, and [saw] them form the sign of the Cross. [Them], the aforesaid Don Juachin [sic] Menchaca and Marcos de Castro promised to tell the truth and make their respective appraisals [regarding], the four horses and two mules, according to the dictates of their conscience and their knowledge. Juan Ygnacio [sic] Guerrero and Marjil Falcon [promised to do likewise regarding their appraisals] of the two muskets and the ammunition. Consequently, after making their appraisals of the horses and two mules, with one accord the aforementioned Don Juachin [sic] Menchaca and Marcos de Castro valued
} 32 at three pesos one horse [that was] entirely lame on the left side, had three white spots, and was bra:nded on the side. [They appraised] at eight pesos one native chestnut with black mane and tail [that was] partially trained, branded on the side, [but] clawed. One cinnamon [colored horse] with white feet, [also] branded on the side [was valued] at five pesos. One roan, trained riding horse, although now somewhat wild, [with a] fistula on his withers, and with three brands on his side [was valued] at twenty reales. One red mule, with distemper of the hoofs, with the brands on his side partially obliterated, and a mark on the left jawbone [was appraised] at twenty pesos. Another grizzled mule [also] branded on the side [was valued] at eighteen pesos. These amounts total fifty-six pesos four reales. 9v And using the same //methods of appraisal in regard to the muskets and the ammunition, the aforementioned Juan Ygnacio [sic] Guerrero and Marjil Falcon declared that, according to their knowledge and their experience of this country, they appraised each of-the two muskets at six pesos each. [They valued] at three pesos [and] five reales each pound, thirteen ounces of the existing powder and at ten reales the five pounds, five ounces of shot. All of this
33 amounted to the sum of ten pesos [and] seven reales; and the total sum of these two appraisals amounted to seventyseven pesos and three reales. [These appraised values were given] by virtue of the oaths taken by each and all [of the experts]. In witness whereof they signed [their names] with me and my es. Of all this I certify. El Baron de Ripperda Joachin Menchaca Marcos de Castro G Juan Ygnacio [sic] made the sign of the cross. Marfil Falcon made another sign of the cross. Joseph Ygnacio Oneale Antonio de las Barzenas [D.C. 8v-9v pp. in E.]
34 As a result of the preceding appraisals, a public sale, by auction, is in order [for the purpose] of selling, to the highest bidder,.the two aforementioned muskets, the ammunition and the caballerias. However, since Nepomuzeno Travieso had previously given me his legal and irrefutable guarantee as to the quantity of the [ge'neros], concerning which these appraisals were made, I hereby order that the sale be suspended for now until the aforesaid guarantee is inserted [in this document]. Thus do I decree and sign in the company of my Attendant Witnesses. Joseph Ygnacio Oneale 1 The Baron of //Ripperda Antonio de las Barzenas [D.C. 9v-1 pp. in E.]
35 In the villa of San Fernando and the royal presidio of San Antonio de Bexar, on the seventeenth day of the month of September of the year] seventeen seventy-four, Don Joseph Antonio Curbelo, resident of this aforesaid villa, [and a person] for whom I certify, appeared before me, Don Phelis [Felix] Menchaca, Delegate Judge in the company of my es because there is neither a Notary Public nor a Royal Scribe, and on this common paper since there is none with a seal, and [in my capacity] as Senior Magistrate and acting Alcalde in the absence of Don Jacinto Delgado, 4 who is the Junior Alcalde of this said villa. He said that he knew the beasts, horses and ammunition which were found to be in the possession of Nepomuzeno Travieso (a prisoner in the Guardroom of this Presidio) had been appraised at the price of seventy-three pesos and three reales by [the Inspectors] Don Juachin [Joaqu.in] Menchaca, Don Marcos de Castro, Juan Ygnacio [Ignacio] Guerrero and Marfil Falcon. By virtue [of such appraisal] he knew of the estimated [amount] and could certify as to its accuracy. Furthermore, he obligates himself to inform [those in authority] of the decision of the Most Excellent Senor, Viceroy, Governor and Captair.n. General of this New Spain.
[He will do this] with the utmost punctiliousness just as. 36 soon as [the Governor's] determination is received. He [further] stated that he had received the said beasts, horses and ammunition which are listed as follows: One completely lame chestnut horse valued at three lov pesos; one //native bay [horse] with a black mane and tail, partially trained, [valued] at eight pesos; one cinnamon [colored horse] with white feet, [valued] at five pesos; one roan riding horse with a fistula, [appraised] at two pesos and four reales; one red mule with distemper [of the hoofs, but otherwise] with a good body and of a good age, [appraised] at twenty pesos; another grizzled mule [appraised] at eighteen.pesos; (two muskets, [valued] at twelve pesos); five pounds and five ounces of shot [valued] at one peso and two reales; and one pound and thirteen-oun.ces of powder [appraised] at three pesos and five reales. [Antonio Curbelo] confessed to having received,- to his entire satisfaction and in proper form, all of the above [.generos]. [He further stated] that as bond for the delivery.of the aforesaid amount, he binds himself and the property which he has and will have. He grants to whatever appointed judges of His Majesty [may preside in this case] the power to enforce this bond as if by sentence
i 37 passed,- given and pronounced by a competent judge presiding over a suit in which he renounces his legal home and property, the law sit cumbenerit de Juriditione omnium (Judicum) and whatever else he may.have. Upon the delivery of these [generos], he signed with me and the es with whom I act as has been said. In witness whereof I certify. Joseph Phelis Menchaca Joseph Antonio Curbelo 11 Fran[cis]co //Xavier Rodriguez Amador Delgado [D.C. 1-11 pp. in E.]
^'e 38 Confession of Juachin [Joaquin] Benites Asked if he swore before God our Father and a sign of the Cross to answer truthfully the questions he was asked, He replied that he so swore. Asked if he confessed to having gone from this Presidio to the Presidio of Natchitoches in the company of Don Marcos Vidal [for the purpose of] conducting a partida of mules and others loaded with barrels, empty hampers and carrying only enough provisions for the trip, He replied that he so confessed, but that he did not reach Natchitoches since before reaching Los Adaes, [men] from the said Fort came out and captured them. [This event took place] at the Ranch called Los Tres Llanos. That wishing to change the order of things, he fled to this Presidio with the idea of presenting himself to the Senor Governor. That although Mathias [Matias] Guzman [one of the men] who accompanied the said Don Marcos had fallen ill at the ranch called El Ballesillo [Vallesillo], and was not taken prisoner, [for a time] he had accompanied [Benites] with the idea of giving himself up. [However], he did not do so.
was true, Asked if all that he had confessed to in his Deposition He replied that everything he had stated by this llv confession //in the said Deposition was true and that, under the oath he has taken, he ratifies everything [in it]. He stated that he had nothing [further] to add or delete from this Deposition, that he did not know his age, 39 and that he did not know how to sign [his name]. [Therefore] he made the sign of the cross and I signed [this instrument] i with my es. Joseph Ygn[aci]o Oneale El Baron de Ripperda Antonio de las Ba.rzenas [D.C. ll-llv pp. in E.]
a 4 Confession of Nepomu.zeno Travieso Asked if he swore by God, our Father, and a sign of the Cross, which he formed with his hand, to answer truthfully all the questions propounded to him, He replied that he so swore. Asked if he confessed to having left this Presidio to go to the Fort of Natchitoches in the company of Don Marcos Vidal [for the purpose] of conducting a partida of mules and some [who were] saddled with barrels and empty petacas, He replied that he so confessed. [Fu.rther, he stated that some men] came out of the said Presidio and captured them on the rancho of Los Tres Llanos, [which is] about five leagues distant from Los Adaes. [These men] led them, with all that they were transporting, to the aforesaid 12 Natchitoches //where only the aforesaid Don Marcos was chained. The others were [merely] confined within the Fort. On the third day, he who is making this confession, fled [from Natchitoches] and at Natcodoches [Nacogdoches] allied [himself] with an Indian named Juan Antonio. [The Indian's] parents reside in this Mission of San Antonio. He came with the intention of presenting himself to the Senor Governor, and did this by immediately heading
41 for the Fort of Santa Cruz del Zivolo [Cibolo]. Asked if he confessed that everything that he had deposed in his Deposition was the truth, He replied that he so confessed, and that he ratified all he had said under the oath which he took, that he neither adds to nor deletes from what he has said, and that he is certain [of the veracity] of his written Deposition. [He states] that he is twenty-six or twenty-seven years old, and he signed [this instrument] with me and my Attendant Witnesses. Juan Nepomuzeno Travieso Antonio de las Barzenas El Baron de Ripperda J[ose]ph Ygn[aci.]o Oneale [D.C. llv-12 pp. in E.]
42 [I enjoin] the offenders to present the arguments which they feel necessary for their defense and acquittal. Thus do I decree, command and sign. El Baron de Ripperda Joseph Ygn[aci]o Oneale Antonio de las Barzenas [D.C. p. 12 in E.]
43 In obedience to the preceding auto, and since we lack l2v a lawyer to represent us, we plead our own case //for our own defense and acquittal by stating that we did not know that the mules which Don Marcos Vidal was transporting to the Fort of Natchitoches were contraband. Since we were ignorant of the fact they were contraband, our only connection with the mules was that we went along for the pay which was offered to us. [We were paid] to accompany him [Vidal] through the vast uninhabited [stretches of country] and help [work] by doing whatever was necessary. [In support of his plea] for acquittal, the present Nepomuzeno Travieso [states that] he went along for the purpose of paying a debt which he owed. [Insofar as] the two muskets which have been recognized by strangers, [he further states that] on his return he received one [of the muskets] from the wife of Juan Antonio Ybarbo at the ranch of Lovansillo. The other [musket] was purchased from the Indians in Nacodoches [Nacogdoches] in order that the Indian, Juan Antonio, who accompanied him might be [properly] armed. [In Nacogdoches], he asked for some ammunition [which would be needed] for their defense and for hunting [purposes]. Because of the [evidence presented] we do not believe
44 ourselves guilty [of any offense], and because we are suffer^ ing from the incarceration in which we find ourselves in this ruinous and narrow Guardroom, we humbly entreat Your Lordship to make amends for the harsh times ahead by granting us the liberty with which we will receive the justice and mercy we implore. At the request of Juachin Benites Juan Nepomuzeno Travieso A Joseph Antonio de Agreda [D.C. 12-12v in E.]
13 So that //sentence may be passed upon them, let this part of the written proceedings of the offenders, in which 45 they have presented their arguments for defense, be delivered to the proper authorities for examination and publication. Thus have I commanded and signed with my Attendant Witnesses. El Baron de Ripperda Joseph Ygn[aci]o Oneale A.ttendant Witness Antonio de las Barzenas [D.C. l2v-l3 pp. in E.]
! 46 In compliance with the preceding auto, its contents having been divulged to us, we are trying, by our statements and confessions, to show that we are not guilty. [This is] manifestly clear by our allegations. [Consequently] we implore, in the name of justice and mercy, that we be exonerated and freed. We swear that we are not acting in malice and promise upon our oaths to bear whatever expenses are necessary in this lawsuit, etc. At the request of Juan Nepomuzeno Travieso Jua.chin Benites Joseph Antonio de Agreda [D.C. p. 13 in E.]
! 47 Consequently, since the results of this sumaria have clearly proven [their guilt], Juachin [Joaquin] Benites and Nepomuzeno Travieso, prisoners in the Guardroom of this real presidio, are found [guilty] in the mulesmuggling [trade] conducted by Don Marcos Vidal to Fort Natchitoches. So that it may be of.record in the preceding re uisitoria that Mathias [Matias] Guzman, who followed them in their flight, only cooperated in the beginning, and because of the solicitude [expressed.in his behalf] by his native villa, I order that [Gu.zman's] entire [confession] be added [to this document]. Thus have I decreed, commanded and signed in the company of my es. El Baron de Ripperda Joseph Ygn[aci]o Oneale l3v Antonio //de las Barzenas [D.C. 13-13v pp. in E.]
48 Exact Copy of the Reauisitoria [Ten the] Sen.or Capitan and Senior Judge of the villa of Reynosa: Since Mathias [Matia.s] Guzman finds himself liable for punishment in the mule-smuggling [trade] initiated by Don Marcos Vidal to the Fort of Natchitoches, in the Province of Luisiana [Louisiana], [I, the Baron de Ripperda, state the following]: [:In,the aforesaid Fort of Natchitoches, Vidal] was made a prisoner along with those who accompanied him. [However], Mathias [sic] Guzman and Juachin [Joaquin] Benites fled, as did Nepomuzeno Travieso later. The last two gave themselves up but [Guzman] continued his flight taking from here another's horse. [Since then] he has lived in the villa of Reynosa with his father, Juan Guzman. I notify and demand of Your Lordship in the name of His Majesty (whom God guard), and on my part I entreat and charge, that you assure the safety of the person of the aforesaid Mathias [sic] Guzman. You are to keep him safely chained until the decision of his Excellency, the Senor Viceroy, Governor and Captain General of this New Spain has been made a part of this requisitoria to the sumaria
of the two above-mentioned prisoners who were brought before me. In this royal presidio of San Antonio de Bexar, and on this the ninth day of the month of September of seventeen 14 seventy- //four, [I write this] acting in my capacity as Delegate Judge and in the company of my es. 49 El Baron de Ripperda f Joseph Ygn[aci]o Oneale Antonio de las Barzenas El Baron de Ripperda [D.C. l3v-14 pp. in E.] 9
! 5 Having read and examined the statements, confessions, ratifications and proofs of this sumaria, I find Juachin [Joaquin] Benites, Nepomuzeno Travieso and Mathias [Matias] Guzman, deserving of punishment [due to their complicity] in the smuggling operations of Don Marcos Vidal. Nevertheless, the first two deserve leniency since they voluntarily presented themselves for the punishment which should be imposed on them: v/` In view of all this, I order that the official papers [of this sumaria] be sent to his Excellency the Senor Viceroy Governor and Captain General of this New Spain [for him] to pass sentence [upon the offenders]. Thus have I decreed, ordered and signed in this royal presidio of San Antonio de Bexar on the twenty-second day of the month of September of seventeen.seventy-four, acting in my capacity as Delegate Judge, and in the company of my es because there is neither a Royal Scribe nor a Notary Public, and on this common paper since there is none with a seal. In witness whereof I certify. El Baron de Ripperda Joseph Ygn[aci]o Oneale Antonio de las Barzenas [D.C. p. 14 in E.]
51 ERRATA SHEET On the reverse side of the second page, [the word] "in" is inserted between the written lines; on the same 14v //page, [the word] "se" [reflexive pronoun] is inserted between the written lines; on the reverse side of page three, the phrase "and another young man called Mariano Ybarbo" is inserted between the written lines; on the reverse side of page five, the words "already mentioned" are scratched out; on page seven, the word 11if" is inserted between the written lines; on the reverse side of page ten, the words "two muskets at ten pesos" are inserted between the written lines; on the same page, the word "Judicum" is inserted between the written lines. [Note l4-l4v pp. in E.]
52 This is a faithful, [true] and legal transcription of a[document] that I ordered transcribed. It has been compared, amended and corrected with the original [instrument]. Don Vizente Camano [Vissente Caamano] and Ygnacio [Ignacio] Luzero have acted as witnesses to the comparison, amendrnent and correction of this [transcription]. [This document consists of] sixteen written pages and two blank pages which I signed, acting as Delegate Judge, and in the company of my es since there is no [Public] Notary in this Province, and on this common paper since there is none with a seal in this. Royal Presidio of San Antonio de Bexar. [Signed] on the twenty-eighth day of the month of September of seventeen seventy-four. In witness whereof I certify. El Baron de Ripperda [Rubric] Joseph Ygn[aci]o Oneale [Rubric] Antonio de las Barzenas [Rubric] [D.S. p. 14v in E.]