•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 Attendant Witnesses 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 destina-

tion, they were engaged [in a fight by soldiers from the

02

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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

Attendant Witness

Antonio de las Barzenas

Attendant Witness

Joseph Ygnacio Oneale

[D.C. 1-lv pp. in E.8-1-1774]

i!1

Deposition of Joa.chin [Joaguin] Benites

0

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 he2

[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

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0

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 wasGv

//surrounded by three Frenchmen, and was being followed

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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 com-

panion 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 by3

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],

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!

he made the sign of the cross and I signed this [statement]

with my Attendant Witnesses.

Attendant Witness

Antonio de las Barzenas

El Ba.ron de.Ripperda

[Mark]

Attendant Witness

Joseph Ygnacio Oneale

8

[D.C. lv-3 pp. in E.]

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Deposition of Nepomuzeno Travieso

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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

10

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0

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

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0

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) came4.

out //to meet them at the ranch called Vallesillo, four

leagues beyond the River Savinas [Sabine River]. He brought

•

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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,

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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. After-

wards, with the exception of Don Marcos, who was in chains4v

//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 commis-

sion 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

015

[Adaens], and had been delivered by them to his parents.

They [in turn] had apprenticed him to a shoemaker from the

outside. Accompanied by another brother of his, the shoe-

maker 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 French-

man, they proceeded to Nachitoches [sic] where they were de-

tained 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 30th 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

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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 twenty-

seven or twenty-eight years of age, and that he signs

[this Deposition] with me and my Attendant Witnesses.

El Baron de Ripperda

0

Juan Nepomuzeno Travieso

Attendant Witness

Antonio de las

Barzenas

Attendant Witness

Joseph Ygnacio Oneale

[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 company5v

of the brother of the said shoemaker and his son, //the

latter being about four years old.

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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

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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

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soldiers, inasmuch as the Lieutenant and the greater part

of the [military] detachment were [out] gathering shell-

fish 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 detach-

ment. 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

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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 del6v

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 them-

selves 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.

0

Attendant Witness

Antonio de las

Barzenas

El Baron de Ripperda

[Mark]

Attendant Witness

Joseph Ygnacio Oneale

[D.C. 5-6v pp. in-E.]

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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 Attendant Witnesses, [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] it 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 four7

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).

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[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.

Baron de Ripperda

Attendant Witness

Joseph Ygnacio Oneale

[D.C. 6v-7 pp. in E.]

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®

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 oaths7v

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 every-

thing from their recollection [of the items] at the time

they lived in Los Adaes, adjacent to Natchitoches. Like-

wise, 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.

0

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 appointed8

//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 Attendant Witnesses, 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 VerneauAttendant Witness

[Mark] Joseph Ygnacio Oneale

Nicolas Quinones Attendant Witness

Ant[oni]o de las Barzenas

[D.C. 7-8 pp. in E.]

40

^

i28

In the Royal Presidio of San Antonio de Bexar, on the

ninth day of the month of September of seventeen seventy-

four, 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

•

0

29

The money [from the sale of] the horses and the contra-

band 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

8vis adjudged reasonable by //persons who know values.

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 Attendant Witnesses.

Of all this, I certify.

a

30

Attendant Witness

Joseph Ygnacio Oneale

El Baron de Ripperda

Attendant Witness

Antonio de las

Barzenas

[D.C. 8-8v pp. in E.]

,

31

0 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 lock-

smith masters, I appoint them, [as] Appraisers of the

muskets and the ammunition that constitute this lawsuit.

And as Appraisers for the cavallerlas [daballerias] that9

have also been confiscated, I appoint as //experts [ap-

praisers] from this vicinity, Don Juachin [Joqauin] Men-

chaca, 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

0

}

0 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

0

33

G

amounted to the sum of ten pesos [and] seven reales; and

the total sum of these two appraisals amounted to seventy-

seven 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 Attendant Witnesses.

Of all this I certify.

El Baron de Ripperda

Joachin Menchaca Marcos de Castro

Juan Ygnacio [sic] made the sign of the cross.

Marfil Falcon made another sign of the cross.

Attendant Witness Attendant Witness

Joseph Ygnacio Oneale Antonio de las

Barzenas

[D.C. 8v-9v pp. in E.]

0

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.10

The Baron of //Ripperda

Attendant Witness

Joseph Ygnacio OnealeAttendant Witness

Antonio de las Barzenas

[D.C. 9v-10 pp. in E.]

0

35

40

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

Attendant Witnesses 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,

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.

0,

0

. 36

•

[He will do this] with the utmost punctiliousness just as

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 threelOv

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

0

i37

passed,- given and pronounced by a competent judge presiding

over a suit in which he renounces his legal home and pro-

perty, 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 Attendant Witnesses with whom I act as has been

said.

In witness whereof I certify.

Joseph Phelis Menchaca

Attendant Witness Attendant Witness11

Joseph Antonio Curbelo Fran[cis]co //Xavier Rodriguez

Attendant Witness

Amador Delgado

[D.C. 10-11 pp. in E.]

0

^'e38

Confession of Juachin [Joaquin] Benites

0

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.

0

0

39

Asked if all that he had confessed to in his Deposition

was true,

He replied that everything he had stated by thisllv

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,

and that he did not know how to sign [his name]. [Therefore]

he made the sign of the cross and I signed [this instrument]

with my Attendant Witnesses.

El Baron de Ripperda

Attendant Witness

Joseph Ygn[aci]o OnealeAttendant Witness

Antonio de las Ba.rzenas

[D.C. ll-llv pp. in E.]

i

0

a40

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 truth-

fully 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 aforesaid12

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

041

0

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.

El Baron de Ripperda

Juan Nepomuzeno Travieso Attendant Witness

J[ose]ph Ygn[aci.]o Oneale

Attendant Witness

Antonio de las Barzenas

[D.C. llv-12 pp. in E.]

042

[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

Attendant Witness

Joseph Ygn[aci]o Oneale Attendant Witness

Antonio de las Barzenas

[D.C. p. 12 in E.]

0

0

043

0

In obedience to the preceding auto, and since we lackl2v

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

0

•

A

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

Joseph Antonio de Agreda

[D.C. 12-12v in E.]

0

4513

So that //sentence may be passed upon them, let this

part of the written proceedings of the offenders, in which

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.

Attendant Witness

Joseph Ygn[aci]o Oneale

El Baron de Ripperda

A.ttendant Witness

Antonio de las Barzenas

[D.C. l2v-l3 pp. in E.]

0

!46

0

In compliance with the preceding auto, its contents

having been divulged to us, we are trying, by our state-

ments and confessions, to show that we are not guilty.

[This is] manifestly clear by our allegations. [Conse-

quently] 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 what-

ever expenses are necessary in this lawsuit, etc.

At the request of

Jua.chin Benites

Juan Nepomuzeno Travieso

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 mule-

smuggling [trade] conducted by Don Marcos Vidal to Fort

Natchitoches.

So that it may be of.record in the preceding re ui-

sitoria 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 Attendant Witnesses.

El Baron de Ripperda

Attendant Witness

Joseph Ygn[aci]o Oneale Attendant Witnessl3v

Antonio //de las Barzenas

[D.C. 13-13v pp. in E.]

0

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

49

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 seventeen14

seventy- //four, [I write this] acting in my capacity as

Delegate Judge and in the company of my Attendant Witnesses.

El Baron de Ripperda

f

Attendant Witness

Joseph Ygn[aci]o Oneale Attendant Witness

Antonio de las Barzenas

El Baron de Ripperda

[D.C. l3v-14 pp. in E.]

9

!50

•

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. Neverthe-

less, 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

Attendant Witnesses 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

Attendant Witness Attendant Witness

Joseph Ygn[aci]o Oneale Antonio de las Barzenas

[D.C. p. 14 in E.]

051

ERRATA SHEET

0

On the reverse side of the second page, [the word]

"in" is inserted between the written lines; on the same14v

//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.]

0

0

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 [instru-

ment]. 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 Attendant Witnesses 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]

Attendant Witness

Joseph Ygn[aci]o Oneale Attendant Witness

[Rubric] Antonio de las

Barzenas

[Rubric]

[D.S. p. 14v in E.]