 10.789
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(1802 Mar. 11)
Cruzat, Antonio 1801. Testimony in the case against Matias Santa Iniesta of the Royal Artillery who wounded Antonio Suarez on November 19 so that he died on November 20; Santa Iniesta having taken refuge in the church. Prosecutor: Cruzat; Secretary: Sergeant Domingo Lansa.
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Cruzat, Ant(oni)o
to (Nicolas D'aunoy) Colonel of the Royal Artillery According to the attached proceedings by Martin Palao, adjutant, turned over to Cruzat by governor Manuel de Salcedo naming him as prosecutor according to the letter of the governor transmitted by Colonel Gilbert Andry and added to the proceedings. Not being a crime in the military ordinances Cruzat begs the Colonel to have the testimony taken and give the sentence. L. Copy (Spanish)
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Donna, Nicolas The petition is granted. D. Copy (Spanish)
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Salcedo, Manuel de
to Martin Palao Santa-Iniesta is in the guard house. Salcedo notifies Palao since he cannot verify the officers of his company. L. Copy (Spanish)
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Palao, Martin Palao went to the Royal Hospital, where Suarez lay gravely wounded, to execute the first proceedings. D. Copy (Spanish)
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Palao, Martin Palao names Juan de Portal as secretary, who accepts and signs. D. Copy (Spanish)
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Portal, Juan de Palao went to the Royal Hospital where Suarez swore that Santa Iniesta wounded him in a bar called La Tuerta, without any reason. The waiter and Blas Saez, a sailor of the royal gunboat La Feliz, were present. Santa Iniesta ran to the hospital. Suarez and Iniesta had words about two months ago but they have no enmity. They had met and agreed to have a bottle of wine. Suarez is 36. D. Copy (Spanish)
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Portal, Juan de Palao could find no doctor in the hospital who could pronounce on the wound. D. Copy (Spanish)
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Portal, Juan de Suarez ratifies his testimony. D. Copy (Spanish)
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Portal, Juan de Palao had Santa y Niesta appear who swore that he knew the witness in the bed, that he believed he held ill will and that on the 19th he had met Suarez with a sailor and a carpenter and they had tried to strike him. Suarez said he was innocent of what Santa Iniesta had declared. D. Copy (Spanish)
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Portal, Juan de The attorney-general has in his possession a bloody shirt, vest and cloak with cuts apparently from a sharp instrument, which were turned over by Second Lieutenant Ignacio Salens. D. Copy (Spanish)
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Portal, Juan de Palao had Dr. José Montegu(t), surgeon of the hospital, appear. He swore that yesterday Suarez entered the hospital with a wound beneath his left arm, likely to be mortal, and seemingly made with a knife, razor or bayonet. D. Copy (Spanish)
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Portal, Juan de The attorney general has tried to find the instrument used to wound Suarez but has not found anything yet. D.S. (Spanish)
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Portal, Juan de Palao wrote to Governor Salcedo asking to be released from this case because of the impending case of Martin Mangel of the First Battalion of the Infantry. (Portal quotes the letter in full). Portal delivered the letter to the Governor's aid. D. (Spanish)
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Portal, Juan de Palao, notified that Suarez had died, went to the hospital to confirm it. D. (Spanish)
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Portal, Juan de Palao went to the hospital and summoned Sergeant Juan Estevez, Corporal Juan Conrrado Croldy, and Dr. Montegu(t) and Dr. José Lavie. The doctors performed an autopsy and testified that Suarez's death was caused from a wound in his chest. Estevez and Croldy testified that the corpse was Suarez. D. (Spanish)
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Portal, Juan de Palao, accompanied by the witnesses, Sergeant Juan José Bòn and Corporal Fran(cis)co Rodriguez, and by the accused, Iniesta, went to the Royal Hospital. They identified the corpse; Iniesta testified that he did not know whether the blow he struck Suarez with a knife caused his death or whether it was his drunkenness. D. (Spanish)
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Portal, Juan de Today Palao received a reply to his letter from Salcedo approving his petition and asking Palao to send him the documents he has so that Salcedo can appoint a new attorney-general. (Portal quotes Salcedo's letter and states that) he took the proceedings and the clothing to Salcedo. D. (Spanish)
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Andry, Gilberto
to Antonio Cruzat The governor has commissioned Andry to (notify) Cruzat that he has been named to replace Palao as attorney general in the case. (The governor's letter is copied in full). D. (Spanish)
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Cruzat, Antonio
to Domingo Lansa Cruzat appoints Lansa as secretary. D. Copy (Spanish)
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Lansa, Domingo Palao turned over all the clothing mentioned in the proceedings. D. (Spanish)
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Lansa, Domingo Cruzat received Iniesta's regimental register certified by Lieutenant Pedro Enrrique. D. (Spanish)
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Enrrique, Pedro Santa Iniesta's military record is given: his parentage, description of his person, age 23, his jail sentence in Cartagena and his transfer to the Louisiana Regiment for the remainder of his imprisonment term. Witnesses: Sergeant Antonio Bretenes(?) and Fidel Betes; Manuel Rincon and Antonio Cabrera. Felipe Trevino certifies that this is a copy of the original placed in the office on November 7, 1792. Notes: Santa Iniesta's transfer to different companies, his confinement in the guardhouse on October 18, 1794; signed by Juan Gautier, sergeant in the regiment commanded by Fran(cis)co Bouligny. Gautier certifies that the above notes are true copied up to November 20, 1795. Note: Santa Iniesta transferred to the Royal Artillery to serve for 8 years, December 1, 1795. Signed by Enrrique, Lieutenant in the Royal Artillery commanded by Nicolas (D'aunoy) Donnoy. Copy (Spanish)
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Lansa, Domingo Cruzat tried to obtain the testimony of the sailor Blas Saez but could not because the sailor was drunk. D. (Spanish)
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Lansa, Domingo
Cruzat summoned Juan Domingo Arbe, owner of the La Tuerta bar who gave his testimony. D. (Spanish)
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Lansa, Domingo Cruzat summoned David Chumeca who, with Lorenzo Panicot was in the bar. Chumeca testified that he saw no weapon. D. (Spanish)
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Lansa, Domingo Cruzat took Panicot's testimony which agreed with Chumeca's. D. (Spanish)
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Lansa, Domingo Blas Saez testified that he invited Santa Iniesta and Suarez to the bar "La Tuerta" where they ordered a bottle of wine. The carpenter, Francisco (Calvo) joined them. It is false that Saez was present when Santa Iniesta had church immunity because he saw Sergeant Juan Esteves give him the paper. D. (Spanish)
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Lansa, Domingo Francisco Calvo gives his testimony. D. (Spanish)
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Lansa, Domingo Corporal Juan Portas, owner of a cabaret, gave his testimony. An artilleryman named Musico came into the cabaret and asked Santa Iniesta for the peso he said he had given him the night before and Santa Iniesta threw him to the floor. Portas said that Suarez was employed by him to make cigars. Portas is 26. D. (Spanish)
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Lansa, Domingo Artilleryman Estevan Musy gave his testimony. D. (Spanish)
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Lansa, Domingo Antonio Miguely,cabaret owner, gave his testimony. D. (Spanish)
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Lansa, Domingo Cruzat summoned Margarita Tardelat, wife of Pablo Granpera, French, who did not understand Spanish. Cruzat appointed Domingo Pariginy as interpreter. D. (Spanish)
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Lansa, Domingo Margarita gave her testimony. She is 19. D. (Spanish)
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Lansa, Domingo Sergeant Pedro Montufar testified that while on guard at the Royal Hospital he had heard that Lieutenant Enrrique had taken Santa Iniesta from the church where he had taken refuge after wounding another artilleryman. Montufar is 36. D. (Spanish)
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Lansa, Domingo Rafael Balades, of the Mexican Infantry, gave his testimony. While Balades was on guard duty at the hospital, Suarez came in alone. About half an hour earlier Balades had seen him going past with a civilian and Corporal Silbestre Lopez. D. (spanish)
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Lansa, Domingo Lopez gave his testimony. D. (Spanish)
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Lansa, Domingo Lieutenant Enrrique testified that on order of the Governor General he had Suarez taken from the church and put in the guardhouse in charge of Lieutenant Salens. D. (Spanish)
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Lansa, Domingo Sergeant Estevez gave his testimony. D. (Spanish)
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Lansa, Domingo Sergeant José Gil gave his testimony. D. (Spanish)
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Lansa, Domingo Second Lieutenant Salens testified that Suarez had told him that a negro had wounded him near the St. Charles Redoubt. Salens told Suarez to tell the truth and he then said it was Santa Iniesta who had wounded him. D. (Spanish)
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Lansa, Domingo Saez and Arbe are summoned to compare their testimony. D. (Spanish)
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Lansa, Domingo Chumeca and Saez are summoned to compare their testimony. D. (Spanish)
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Lansa, Domingo Panicot and Saez are summoned to compare their testimony. D. (Spanish)
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Lansa, Domingo Saez and Portas are summoned to compare their testimony. D. (Spanish)
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Lansa, Domingo Portas and Musy are summoned to compare their testimony. D. (Spanish)
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Lansa, Domingo No work was done on this trial on the 29th because it was a holiday. D. (Spanish)
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Lansa, Domingo Sergeant Juan Fernandez gave his testimony. Sergeant Vicente Abreu was with Fernandez. D. (Spanish)
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Lansa, Domingo Abreu gave his testimony. D. (Spanish)
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Lansa, Domingo Saez and Balades are summoned to compare their testimony. D. (Spanish)
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Lansa, Domingo Calbo and Portas are summoned to compare their testimony. D. (Spanish)
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Lansa, Domingo Two tailors, Santiago Martinez and Juan Martin testify after examining Suarez's clothes. D. (Spanish)
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Lansa, Domingo Cruzat ordered Saez and Calbo to be held in custody. D. (Spanish)
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Lansa, Domingo Cruzat went to the barracks to obtain Santa Iniesta's testimony. He is 33, a native of Aragon. The testimony was suspended because Iniesta was drunk. D. (Spanish)
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Lansa, Domingo Santa Iniesta testified that he and a soldier named Morillo went to Juan Duran's bar. He paid Artilleryman Ibanez to go on guard duty for him. He then went to Pablo's bar and to Miguely's billiard room. At Portas' bar he met Saez, Suarez and the carpenter. At La Tuerta bar, he took a knife to protect himself, wounded Suarez, and took refuge in the church. D. (Spanish)
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Lansa, Domingo Cruzat asked the prisoner for the church immunity paper, signed by Father Pedro de Zamora, interim pastor of the Cathedral of which Lansa made a copy (given here). D. (Spanish)
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Lansa, Domingo Cruzat ordered that the witnesses named in Suarez's confession appear at his house the next morning. D. (Spanish)
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Lansa, Domingo Juan Duran gave his testimony. D. (Spanish)
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Lansa, Domingo Pablo Granpera testified that he worked in the bar where Santa Iniesta, Suarez and Saez spent the morning of the 19th. He is 30. D. (Spanish)
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Lansa Domingo Jose Gil testified that he gave permission to Santa Iniesta to pay someone to do his guard duty on the 19th. D. (Spanish)
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Lansa, Domingo Cruzat orders Saez and Calbo to confront Santa Iniesta in order to clarify the differences in their testimonies. D. (Spanish)
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Lansa, Domingo Santa Iniesta and Saez met and neither changed his previous testimony. D (Spanish)
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Lansa, Domingo Santa Iniesta and Calbo met and neither changed his previous testimony. D. (Spanish)
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Lansa, Domingo Cruzat ordered Morillo and Hivanes (Ibanez) to appear but Morillo was out of the city and Hivanes was demented. D. (Spanish)
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Lansa, Domingo Cruzat ordered that to carry out the royal orders of May 15, 1779 and March 15, 1787, this summary be sent to Colonel Daunoy. Lansa certifies that Cruzat did so. D. (Spanish)
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Daunoy, Nicolas (The summary) is to be given to the Judge Advocate. D. Copy (Spanish)
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Vidal, Nicolas Maria
to (Nicolas Daunoy) Commandant of the Royal Jail Vidal, having read the case, suggests that they find out whether Santa Iniesta was drunk when he wounded Suarez, about which Enrrique, Salens and Estevez can testify; that the Governor General be asked to place Saez and Calbo in separate cells in the Royal jail and then questioned; that Chumeca, Panicot, and a waiter in Arbe's bar be questioned. L. Copy (Spanish)
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Daunoy, Nicolas It is to be done as the Judge Advocate recommends. D. (Spanish)
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Lansa, Domingo Cruzat began to carry out the recommendations. D. (Spanish)
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Lansa, Domingo Lansa certifies that Saez and Calbo were put in separate cells in the Royal Jail. D. (Spanish)
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Lansa, Domingo Enrrique testified that Santa Iniesta was not drunk but had been drinking. However he was able to answer questions and walked from the church to the jail. D. (Spanish)
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Lansa, Domingo Salens testified that Santa Iniesta was not drunk but had drank more than usual. D. (Spanish)
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Lansa, Domingo Estevez testified that Santa Iniesta was not drunk but had drank more than usual. D. (Spanish)
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Lansa, Domingo Arbe testified that he did not hear Suarez shout anything or see Santa Iniesta take a knife from the counter. D. (Spanish)
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Lansa, Domingo Chumeca testified that he did not hear Suarez say anything nor see a knife. D. (Spanish)
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Lansa, Domingo Panicot testified that he did not hear anything nor see a knife. D. (Spanish)
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Lansa, Domingo Saez testified that they were good friends all day; he did not hear anything in front of Arbe's bar or see any knives. D. (Spanish)
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Lansa, Domingo Calbo testified that there were no misunderstandings, that he did not remember anything being shouted nor see a knife. D. (Spanish)
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Lansa, Domingo Cruzat took the summary to Daunoy. D. (Spanish)
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Daunoy, Nicolas Copy (Spanish)
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Vidal, Nicolas Maria
to (Nicolas Daunoy The evidence does not show that Santa Iniesta wounded Suarez in self defense. He does not merit church immunity as provided in the royal order of February 28, 1798. The ecclesiastical judge should be asked to cancel the parole so that the defendant can be sentenced. Since there is not sufficient evidence to keep Saez and Calbo under arrest, they should be released. Copy (Spanish)
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Daunoy, Nicolas Daunoy agrees with (Vidal)'s opinion and orders it done as he asks. Copy (Spanish)
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Lansa, Domingo Lansa certifies that the preceding testimony is a true copy of the original made to give to the Judge Advocate. Cruzat also signs. D.S. (Spanish)
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D'aunoy, Nicolas
to Nicolas M(ari)a Vidal D'aunoy encloses the testimony in the Santa In(i)estra case which Vidal asked to have on December 14, 1801. L.S. (Spanish)
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Vidal, Nicolas M(ari)a
to Father Thomas Hasset(t) On the 8th Daunoy sent Vidal the testimony so that Vidal could apply to Hasset(t) for the turning over of the defendant to be tried, judged, and sentenced in a court martial. It has been established that the murder was not accidental or in self-defense and so the culprit does not merit immunity. L.S. (Spanish) On this letter is written: 1801(!) Jan. 13
Hassett, Father (Thomas) Hassett appoints Father Sebastian (Gili) Gily as district attorney to examine this letter and the attached documents and give his opinion. Fran(cis)co Bermudez acts as secretary. A.D.S. (Spanish)
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Bermudez, Fran(cis)co Bermudez notified Gily of his appointment; he accepts and signs. D.S. (Spanish)
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Gili, Father Sebastian
to Father (Thomas Hassett After serious consideration Gili believes that Santa Iniesta's case is very ambiguous and that it does not prove he is guilty. He advises (Hassett) not to remove the immunity. A.L.S. (Spanish) (1802 Jan. 29)
Hassett, Father (Thomas (The proceedings) are to be sent to Attorney Manuel Serrano. Bermudez certifies that Hassett signed the order, that he informed Gily ann that he took (the proceedings) to Serrano. A.D.S. (Spanish)
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Serrano, Man(ue)l
to Father (Thomas Hassett Having reviewed the case, Serrano recommends that (Hassett) take away the immunity. No matter whose testimony is true, Santa Iniesta did not act in self-defense. There may have been a duel between Santa Iniesta and Suarez. A.L.S. (Spanish)
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Hassett, Father (Thomas) Hassett agrees with Serrano's recommendations and a copy is to be sent to Vidal. Bermudez tried to notify Gily on the 12th but could not do so until the 16th. A.D.S. (Spanish)
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Gili, Sebastian
to Father (Thomas Hassett Gili is not convinced by Serrano's observations; he asks (Hassett) to order the proceedings turned over to him and some time given to arrange his defense. A.L.S. (Spanish)
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Hassett, Father (Thomas) Hassett orders this sent to Serrano for consultation. A.D.S. (Spanish)
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Serrano, Man(ue)l
to Father (Thomas Hassett In this court they can recognize the case only as presented by the military and cannot admit this request according to the spirit of the papal bulls. A.D.S. (Spanish)
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Hassett, Father (Thomas) They comply with the above decree and fulfill the decree of February 12. Bermudez notifies Gily.A.D.S. (Spanish)
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Hasset(t), Father Thomas
to Nicolas Maria Vidal Having complied with Serrano's judgment, consigned Iniestra, and remitted the parole, Hasset(t) hopes that if motives show up in the case this consignation will be held void. This is a copy of the original certified on March 6, 1802. A.L.S. (Spanish)
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Vidal, Nicolas M(ari)a
to Father Thomas Hasset(t) By Hasset(t)'s letter of the 6th enclosing the parole given by Lieutenant Henrique and the testimony about immunity, Vidal is informed that Santa Iniestra has been declared not deserving of immunity and so the parole has been remitted and consigning of the defendant has been made. If further proofs alter the case they will hold the consignation as void. L.S. (Spanish) Written on the above letter:
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(Hassett, Father Thomas)
V-3-e Dossier (Spanish) 188pp. folio
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