University of Notre Dame

Diocese of Louisiana and the Floridas 1795/08/01



















1795 Aug. 1

Miller, Joseph

Documents concerning the case of Joseph Miller versus his wife, Catalina Shepperd.

1795 Jul. 8

Miller, Joseph

to Father Patrick Walsh
(New Orleans)

Miller's petition to Father Walsh contains the following parts:

(1) Description of the plaintiff: Joseph Miller, Pilot of the high sea, formerly an inhabitant of Pensacola, now at New Orleans, through an attorney at law, presents his complaint to the ecclesiastical Tribunal.
(2) Facts of the case: Miller married Catalina Shepperd before a protestant minister. When he left Pensacola for Philadelphia his wife betrayed him living publicly in concubinage. Moreover she has not paid attention to his warning to quit her bad life and come to live with him.
(3) Petitions of the plaintiff: (a) Miller begs that the Tribunal ask the help of the governor general so that the commander of Pensacola (Henry White) may send Catalina Shepperd to the Tribunal. (b) He begs also that the pastor of Pensacola (James Coleman) be instructed to receive a complete information from sworn witnesses about the bad life of Catalina Shepperd. Moreover he asks that the results of these petitions be remitted to this Tribunal in order justice may be done. This is signed by John Joseph Duforest at the request of Joseph Miller whose hand is maimed. Also signed by Francisco Sales Badillo. To this is added the decree, dated July 8, 1795 of Father Walsh decreeing:
(1) That with the consent of Baron de Carondelet the information asked by Miller and also the petition and the present resolution be sent to the commander of Pensacola.
(2) That everything be done as Miller asked in his petition. To this Patrick Walsh adds his signature and Estevan de Quinones adds his certification. To this Estevan de Quinones adds a certification that he has notified personally Joseph Miller of the above decree on July 10, 1795. Also a certification that he notified on another day Baron de Carondelet. To this he adds a note that the Dispatches were delivered both to the Pastor James Coleman of Pensacola and to Henry White, commander of the mentioned place, respectively on July 12, and 13 of 1795.

1795 Jul. 8

Walsh, Father Patrick
(New Orleans)

to Henry White
Governor of Pensacola

(1) Walsh communicates to White in transcription the above petition of Joseph Miller, except for that containing Miller's petition to the pastor of Pensacola, James Coleman, with copies of Walsh's decree and the certifications to Miller and Baron de Carondelet.
(2) Walsh ordains that Henry White send Catalina Shepperd at the first opportunity to New Orleans and place her at the disposal of the Tribunal. The copy is signed by Patrick Walsh and witnessed by order of Walsh as Vicar Forane and ecclesiastical judge and by Estevan de Quinones, Notary Public. To this is added the decree of the Baron de Carondelet, dated July 9, 1795 by which the Baron decrees that the petition of the Tribunal be granted. It is signed by the Baron.
To this is added the communication of Henry White, dated July 31, 1795 certifying that
(1) He carried out the inquiries asked for with two witnesses since he lacked a notary public.
(2) He decrees that Catalina Shepperd be put on the schooner "Maria" that sails on the first of August to New Orleans, to be placed at the disposal of the Tribunal.
(3) He decrees that the dispatches be returned to the ecclesiastical Tribunal. This is signed by Henry White and Calderon Garcia and Francisco Canedo as witnesses.

1795 Aug. 1

Coleman, Father James

to Patrick Walsh
(New Orleans)

Coleman notifies Walsh that the inquiries are held up because neither Joseph Miller nor his attorney presented themselves to give the sworn testimony.

Miller, Joseph and Catalina Shepperd

Miller and his wife testify that they come now before the ecclesiastical Tribunal and that the former desists from the prosecution of the process, considering the suit broken; null and cancelled since he expects to live well thenceforth with his wife. The latter promises to behave herself in the best possible manner in order to prove her fidelity. Signed by Francisco Sales Badillo and Juan Jose Duforest at the request of both Miller and Shepperd that cannot write.

IV-5-b 14pp. 134to. 18mo. (Spanish)

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