 11.509
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(1802) (Nov. 5)
Boisgrollier, Pedro Proceedings against Juan Amado, gunner on the frigate La Sirena, accused of having wounded the sail master, Juan Felipe Cespedes on February 7, 1801. Prosecutor: Boisgrollier; notary: Andres Manzano.
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Boisgrollier, Pedro Amado having been given the "church paper" is called to testify for himself. He and Cespedes had words the day before; they had gone ashore to wash their clothes accompanied by Fran(cis)co Gutierrez and And(re)s Rodriguez. Amado and Cespedes drew knives and Cespedes was wounded. Francisco Espinosa and Marcos Boni and the two named above were present. Amado is 22. Copy (Spanish) In succession Gutierrez, 56 and Rodriguez, 23, give their testimony which was turned over to Tomas de Rameri, Commander. The purser Jose Benedito was unable to supply the family relationship of Amado. Amado stated that he was the son of Antonio Amado and Maria del Rio. Rameri sent Pedro Morales and Juan Antonio Gomez to examine the place where Juan Felipe was wounded. Amado was summoned to explain his quarrel in the mess-hall with Juan Felipe. Gutierrez testified again adding that Helmsman Manuel de Lago had been with Gutierrez washing their clothes. Rodriguez, Morales, 31 and Gomez, 34, testified. The following witnesses then testified: Diego Macaboy, 20; Boni, 52, Espinosa, 36; Fran(cis)co Sanchez, 22. Learning that Juan Felipe came from Castilla de San Miguel, Boisgrollier asks Ramery to write to the governor there to inquire about him. Vicente Folch answers that he found nothing there about Cespedes. Second Lieutenant Martin de Uria stated he had found Juan Felipe dead. Adjutant (Jose) Alpanseque and Lopez found a knife on the ground. They informed the doctor who examined the body. Lopez gave his testimony about finding the body as did Fran(cis)co Almazan. Alpansegue, 35, Dr. Juan Rubi, 79, of the Royal Hospital of Pensacola and Diego de Barrios, 40, senior intern, gave their testimony. Rodriguez and Gutierrez testified again. Francisco Xavier Pardo was named as counsel for the defense. Amado made his confession. His church paper was signed by Father Santiago Colman, pastor of St. Michael's of Pensacola. The testimony of Rodriguez, Gutierrez, Boni, Espinosa, Calbino, Ibanez, de Castro, de Lago, Tamargo, Sanchez, Lopez, Almagan, Alpansegue is ratified and compared. Amado's jacket was identified by the tailors, Jose Perez and Jose Mariano Arellano.
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Araoz, (Juan de) The proceedings are to be given to the Judge Advocate. Copy (Spanish)
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Ponce de Leon y Maroto, Antonio
to (Juan de) Araoz It seems to him that the proceedings should be returned to the Navy Commander at Pensacola, turning the case over to the Ecclesiastical Judge of the district, so that under the royal order of March15, 1787 it may proceed. P.S. In support of this opinion is the royal order of February 26, 1796. Copy (Spanish)
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Araoz, (Juan de) Araoz agrees with the above report. Pedro Azevedo certifies that this is a copy of the original made in Havana April 29, 1802. Copy (Spanish)
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Salcedo, (Manuel de) Because of the illness of the Judge Advocate, Salcedo gives this to Manuel Serrano. A.D.S. (Spanish)
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Serrano, Man(ue)l
to (Manuel de Salcedo In his letter of May 7, Araoz, Captain General of the Navy, asked that the ecclesiastical judge turn over the accused. A letter is to be written to Father Thomas Hasset(t). A.L.S. (Spanish)
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Salcedo, Manuel de
to Father Thomas Hasset(t) Araoz, in his letter of May 7, stated: In the three enclosed cases against Miguel Velasco who killed Josef Rodriguez, Juan Amado, and Jose Tinoco who killed Juan Antonio Rodriguez, it is asked that the ecclesiastical judge turn over the three prisoners. Copy (Spanish)
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Hasset(t), Father (Thomas) This letter is to be added to Velasco's case. Fran(cis)co Bermudez acts as secretary. Copy (Spanish)
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Hassett, Father (Thomas) Father Sebastian Gily [Gili] is appointed attorney-general. D.S. (Spanish)
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Gili, Father Sebastian
to Father (Thomas Hassett In Amado's case he confessed, and Rodriguez, the second witness, declared that he neither said nor knew whether he had wounded Cespedes or not. It seems that the benefit of asylum or immunity, applied only to those who had caused a death through accident or self-defense as determined by Pope Benedict XIV. But the first witness affirms that there are statements about this and that the crime has this privilege according to the royal decree of Philip V of January 16, 1716. In Gily's opinion (Hassett) can make the formal consignation of Amado. A.L.S. (Spanish)
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Hassett, Father Thomas The case is to be given to Lawyer Josef Martinez de la Pedrera for consultation. D.S. (Spanish)
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Martinez de la Pedrera, Josef
to Father (Thomas Hassett Since he is ill and expecting momentarily to be sent outside the province for the governor, Martinez is unable to assume the consultation. L.S. (Spanish)
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Hassett, Father Thomas The case is to be given to Nicolas Maria Vidal for consultation. D.S. (Spanish)
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Vidal, Nicolas M(aria)
to Father (Thomas Hassett Vidal thinks that Hassett can make the consignation. L.S. (Spanish)
-------- Hassett agrees with Vidal's opinion. The testimony is to be turned over to Governor Salcedo. Nar(ci)so Broutin acts as secretary. D.S. (Spanish)
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Hassett, Father Thomas
to Manuel de Salcedo In a letter of July 2, Salcedo sent a copy of Araoz's letter of May 7 asking for the formal consignation of Amado. Hassett has issued a decree for this. Copy (Spanish)
V-3-l Copies, A.D.S., A.L.S., D.S., L.S. (Spanish) 89pp. folio (1802) (Nov. 5)
Bulnes, Jose Diaz de Process against the cabin boy of the San Carlos el Havenero, Jose Tinoco, suspected of wounding Juan Agustin Rodriguez, another cabin boy. Prosecuting Judge: Bulnes, Ensign of the Royal Armada; Recorder: Josef Buytrago of the Pensacola regiment.
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Bulnes, Jose Diaz de Bulnes, by order of Lorenzo de la Puente, Commander of the ship, went to the Hospital of Our Lady of Carmel to take Rodriguez's testimony. Rodriguez declared he had been wounded with a knife by Tinoco over three pesos. Tinoco declared that he did not know the name of the man he injured as everyone called him Dad. Tinoco fled to the church where he stayed until the pastor gave him the church paper. Tinoco is 50. Tomas Ramery, Commander of the Naval forces at Pensacola, ordered a recorder appointed and Buytrago accepted. Tinoco is the son of Nicolas Tinoco, a native of Mexico, according to the records of Martin Covian. Bulnes and Buytrago took Rodriguez's formal declaration. Rodriguez is a native of Cumana in America. Rodriguez and Tinoco met Jose (Ignacio) Garcia, another cabin boy but Garcia left. After Rodriguez was wounded he went to the hospital attended by Dr. Juan Ruby, who gave his testimony. Ruby is from the Royal Hospital but assisted with Rodriguez's care. Ruby is 50. Tinoco was brought to testify again. Fran(cis)co Pardo had been a witness to a previous quarrel over the money. Tinoco was taken to the hospital to compare the testimony. Rodriguez died and bulnes and Buytrago identify the body. Ruby being ill, Dr. Diego Barrios certified, along with the ship's doctor, Miguel Barrera. Fran(cis)co Navarro and Agustin Rebelles also identified the body. Garcia then gave his testimony. He stated that in a quarrel Pedro (Boisgrollier) Burgrolier had parted Rodriguez and Tinoco. Garcia is 35, a native of Puebla de los Ang(eles). Pardo gave his testimony. Bourgrolier, Second Lieutenant of the Royal Armada, gave his testimony. Covian, the purser, gave his testimony. Covian is 28. Martin Uria y Novea of the Frigate Sirena was appointed to serve as counsel for the defense. The prisoner's confession was recorded. The testimonials of Garcia, Pardo, Bourgrolier, and Covian were ratified. A copy of the church paper signed by Father Santiago Colman, pastor of St. Michael's was put into the proceedings. The four testimonies were then compared. The proceedings were to be turned over to Ramery, commander of the Sirena. Copy (Spanish)
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Araoz, (Juan de) The proceedings are to be given over to the Judge Advocate. Copy (Spanish)
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Ponce de Leon y Maroto, Antonio
Tinoco cannot enjoy immunity according to the royal decree of
February 28, 1794, the only exceptions being accidental homicide or
self defense. It seems that (Araoz) should order the case to be turned
over to the naval commander at Pensacola asking the ecclesiastical
judge of that district to make a formal consignation of the prisoner,
ordering the Commandant of Pensacola to proceed according to the royal
decree of March 15, 1787. Copy (Spanish)
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Araoz, (Juan de) Araoz agrees with the above opinion and it is to be sent to the Mayor General and a copy to be made. Pedro Azevedo certifies that this is a copy of the original in the archives under his care. Copy (Spanish)
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Salcedo, (Manuel de) Because of the illness of the Judge Advocate, this is to be given to Manuel Serrano. D.S. (Spanish)
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Serrano, Man(ue)l
to (Manuel de Salcedo In his letter of May 7, Araoz, Captain-General of the Navy asks that Salcedo write to Father Thomas Hasset(t) to consign Tinoco. A.D.S. (Spanish)
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Salcedo, Manuel de
to Father Thomas Hasset(t) Araoz, in his letter of May 7, told Salcedo that he was sending the three testimonies against Miguel Velasco, accused of the murder of Josef Rodriguez, Juan Amado who mortally wounded Felipe Cespedes and Tinoco so that Salcedo may ask the ecclesiastical judge to make a formal consignation of Velasco, Amado and Tinoco. Copy (Spanish)
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Hasset(t), Father Thomas This letter is to be added to the proceedings against Velasco, putting a certified copy in the other proceedings to which it applies. Fran(cis)co Bermudez acts as secretary. Copy (Spanish)
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Hassett, Father Thomas Father Sebastian Gily is named as attorney-general to examine Tinoco's immunity. D.S. (Spanish)
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Gili, Father Sebastian
to Father (Thomas Hassett From the testimony it seems to Gili that Hassett can make the consignation of Tinoco. The point about drunkenness might be brought to the attention of the Judge Advocate of Havana as lessening the gravity of the crime according to the concordat of 1737. A.L.S. (Spanish)
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Hassett, Father Thomas This is to be passed on to Lawyer Jose Martinez de la Pedrera for consultation. D.S. (Spanish)
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Martinez de la Pedrera, Josef
to Father (Thomas Hassett Being ill and momentarily expecting to be sent outside the province for the governor, Martinez must decline. A.L.S. (Spanish)
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Hassett, Father (Thomas) The proceedings are to be given to Nicolas Maria Vidal, Lieutenant Governor and Judge Advocate. A.D.S. (Spanish)
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Vidal, Nicolas M(aria)
to Father (Thomas Hassett Vidal has looked over the testimony made under the jurisdiction of the royal navy. Since there are no exceptions as required by the pontifical and royal provisos Hassett should make the formal consignation of Tinoco and he can state that Tinoco does not merit immunity. L.S. (Spanish)
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Hassett, Father Thomas Hassett agrees with Vidal's opinion. The testimony is to be given over to Salcedo for the purpose indicated in his letter of July 2. Nar(ci)so Broutin acts as secretary. A.D.S. (Spanish)
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Hassett, Father Thomas
to Man(ue)l de Salcedo In his letter of July 2, Salcedo sent a copy of one from Araoz dated May 7 asking that the ecclesiastical judge make the formal consignation of Tinoco. Having examined the testimony Hassett has ordered it sent to Salcedo for the purpose indicated in Salcedo's letter of July 2. Copy (Spanish)
V-3-l Copies, D.S., A.L.S., A.D.S., L.S. (Spanish) 48pp. folio (1802) (Nov. 5)
Otero, Ambrosio Criminal proceedings against Marine Corporal Miguel Belasco accused of the death of Jose Rodriguez, both of the packet boat St. Francis Borgia. Prosecutor: Otero, Second Pilot; notary Pilot's Mate Fran(cis)co Nobo.
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Aragon, Marcos
to Ambrosio Otero Rodriguez was gravely wounded aboard the Borgia under Aragon's command. He was immediately sent to the Royal Hospital; Belasco was put in jail where Otero is to go to receive his testimony. Pedro Rodriguez, who went with Aragon to get the criminal out of sanctuary, recovered the knife with which the crime was committed. Copy (Spanish)
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Otero, Ambrosio Otero names Nobo as secretary. Copy (Spanish)
-------- Otero went with the secretary to the Royal Hospital to take the testimony. Rodriguez was attacked with a knife by Velasco, the only witness, Pedro Rodriguez who was on watch. There had been an earlier dispute. Jose is 25. Dr. Jose Montegut, head of the Royal Hospital gave his testimony. Montegut is 55. Jose ratified his testimony. Velasco was brought to Jose's room to testify. Pedro Garcia, Miguel Gascon, and Juan Martin of the sloop Ardilla had been witnesses to the earlier quarrel. Montegut and the head intern, Domingo Fleitas certify that Jose died and they examined the body. The regimental register states: Belasco is the son of Bernardo Belasco and Isabel Martin, a native of Alaejo, age 16, serving for 6 years, signing up on December 1, 1792. He was promoted to 2nd Corporal on October 1, 1796 from which date he is to serve 6 years. Signed by Jacinto Guiral. Pedro Rodriguez gave his testimony. He and Fran(cis)co Machina(n)t(e) took Belasco from the church. They were accompanied by Fran(cis)co (?) Cobos and Juan Moyano. Pedro is 26. Juan de Cobos, 50, Machinante, 22, and Moyano, 30, gave their testimony. Fleitas, 50, Garcia, 24, Martin, 18, testified. Since they are leaving for Vera Cruz the ratifications of the last three were finished. Belasco's confession was then recorded. Jose stated that the soldier Juan Rodriguez, Cabin boy Gregorio Cerbantes and Juan's wife were present when Jose Rodriguez insulted him. Belasco showed the paper signed by Father Antonio de Sedella, pastor of the Cathedral of New Orleans stating that Belasco had taken refuge in the Church of St. Charles in the Charity Hospital, dated Mar. 2, 1801. It is copied into the proceedings. Maria Josefa Ramos, wife of Juan Rodriguez, gave her testimony. She is 35. Cerbantes, 24, testified. Then follow the ratification of testimony by Pedro Rodriguez, Cobos, Machinante, Moyano, Fleytas, Maria Ramos, and Cerbantes. Copy (Spanish)
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Pacheco, Bartolome Marquez Pachecho, 2nd Lieutenant in the royal Armada, appoints Seaman Pedro de Somosa as notary. Copy (Spanish)
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Azebedo, Pedro
to Ciriaco de Plano Azebedo, Captain in the Royal Armada, Director of the Royal Courts, notifies de Plano that he is to take charge and bring to a conclusion the attached case of Belasco. Copy (Spanish)
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Azebedo, Pedro Azebedo has named Jose Sorondo as counsel for the defense. Sorondo is to present himself to Pacheco. Copy (Spanish)
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Somosa, Pedro de Sorondo took Belasco's confession (which follows and is signed by) Belasco, Sorondo, and Pacheco. Copy (Spanish)
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Pacheco, Bartolome Marquez Having concluded the confession of the accused with the aid of the counsel for the defense, the case is to be given to the Captain General. Copy (Spanish)
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Araoz, (Juan de) This is to be given to the Judge Advocate for the Army and Navy. Copy (Spanish)
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Ponce de Leon y Maroto, Antonio
to (Juan de Araoz The royal decree of February 28, 1794 grants immunity only for accidental killing or in self defense so it seems that Araoz could order the proceedings returned to the Navy Commandante at New Orleans and a copy of them sent to the ecclesiastical judge there asking him for a formal consignation of Belasco. The Navy Commandante, having the royal order of March 15, 1787, is to proceed to carry it out. Copy (Spanish)
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Araoz, (Juan de) Araoz agrees with the above opinion. Azevedo certifies that this is a copy made April 29, 1802 of the original in the archives in his care. Copy (Spanish)
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Salcedo, (Manuel de) Because of the illness of the Judge Advocate, the proceedings are to be given to Lawyer Manuel Serrano. D.S. (Spanish)
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Serrano, Man(ue)l
to (Manuel de Salcedo) Since Araoz wishes to ask the ecclesiastical judge for a formal consignation Serrano asks Salcedo to write to Father Thomas Hasset(t) and to send him the proceedings. A.L.S. (Spanish)
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Salcedo, Manuel de
to Father Thomas Hasset(t) Araoz told Salcedo on May 7 that he was sending the three cases against Velasco, Juan Amado who killed (Juan) Felipe Cespedes and Josef Tinoco who mortally wounded Juan Ant(oni)o Rodriguez so that Salcedo could ask the ecclesiastical judge for a formal consignation of the three prisoners. Therefore Salcedo sends them on. A.L.S. (Spanish) On the same paper:
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Hassett, Father Thomas This letter is to be added to the case and copies added to the other cases involved. Fran(cis)co Bermudez acts as secretary. A.D.S. (Spanish)
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Hassett, Father Thomas Father Sebastian Gily is appointed attorney general in the case. D.S. (Spanish)
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Gili, Father Sebastian
to Father (Thomas Hassett It seems to Gili that Velasco does not deserve immunity and Hassett could make the formal consignation. A.L.S. (Spanish)
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Hassett, Father (Thomas The proceedings are to be sent to Lawyer Jose Martinez de la Pedrera for consultation. D.S. (Spanish)
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Martinez de la Pedrera, Josef
to Father (Thomas Hassett Being ill and expecting momentarily to be sent outside the province by the governor, he cannot accept the appointment. D.S. (Spanish)
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Hassett, Father (Thomas) The proceedings are to be given to Nicolas Maria Vidal, Acting Governor. A.D.S. (Spanish)
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Vidal, Nicolas M(aria)
to Father (Thomas Hassett Vidal has examined the evidence and it seems to him that Velasco does not deserve immunity and that he can be turned over for trial. D.S. (Spanish)
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Hassett, Father Thomas Hassett agrees with Vidal's opinion. Therefore he declares that Belasco does not deserve immunity and he orders him consigned for trial and the proceedings sent to Salcedo for the purpose indicated in his letter of July 2 D.S. (Spanish)
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Hassett Father Thomas
to Manuel de Salcedo In a letter of July 2, Salcedo sent a copy of Araoz's letter of May 7 asking that the ecclesiastical judge make formal consignation of Velasco. Having examined the testimony Hassett has issued a decree for the purpose cited. Nar(ci)so Broutin acts as secretary. Copy (Spanish)
V-3-l Copies, D.S., A.L.S., A.D.S. (Spanish) 71pp. folio
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