Munoz, Ignacio and
Jose Gomez
--------
1798 Mar. 31
(Penalver y Cardenas, Luis), Bishop of
New Orleans, (Louisiana)
This is to be given over to the vicar general to conclude.
A.D.S. (Spanish)
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1798 Mar. 24
Lasaga, Diego de
New Orleans, (Louisiana)
to Bishop Luis de Penalver y Cardenas
(New Orleans, Louisiana)
The enclosed testimony will inform Penalver that Ignacio Munoz, soldier of the Sixth Company of the Third Battalion of Louisiana killed Pascual Minan at Mobile with a dagger. Lasaga does not favor ecclesiastical immunity and asks Penalver to give Munoz over.
L.S. (Spanish)
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1796
Pensacola. Copy of the proceedings against Munoz and Jose Gomez, sergeant of the Eighth Company of the First Battalion, accused of having killed Pasqual Millan, soldier of the Second Company of the Third Battalion, all stationed at Mobile, on November 9, 1795. First Prosecutor, 2nd Lieutenant Matias Hernandez, Second Prosecutor, Ignacio Balderas; Clerks, Sergeant Ramon de Pasos and Soldier Miguel Algarin.
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1795 Nov. 9
Hernandez, Matias
Mobile, (Alabama)
Hernandez, by order of Pedro Olivier, Captain of the Louisiana Regiment, was to go to take Gomez who had taken refuge in the church and to start proceedings.
D.S. Copy (Spanish)
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1795 Nov. 9
Pasos, Ramon de
Mobile, (Alabama)
Hernandez names as clerk de Pasos who accepts.
D.S. Copy (Spanish)
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1795 Nov. 9
Pasos, Ramon de
Mobile, (Alabama)
Hernandez and Pasos, on arriving at the church, did not find Gomez and Father Constantine McKenna said that he had given him the Church immunity paper and that he had gone to the hospital as he was wounded.
D.S. (Spanish)
--------
1795 Nov. 9
Pasos, Ramon de
Mobile, (Alabama)
Hernandez and Pasos went to the Commandant's home to inform him that they had not met Gomez. He had surrendered a bloody knife about eight inches long with a white handle with a cross.
D.S. Copy (Spanish)
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1795 Nov. 9
Pasos, Ramon de
Mobile, (Alabama)
At the hospital Hernandez took the testimony of Juan Gallegos, surgeon of the Royal Hospital, who swore that he had seen two soldiers at the church, apparently wounded. One took out a knife in a field next to the church; Gallegos turned it over to Olivier. He then went to the hospital to care for the wounded man, he found a wound all across the pelvic cavity but did not think it mortal. Gallegos is 36.
D.S. Copy (Spanish)
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1795 Nov. 9
Pasos, Ramon de
Mobile, (Alabama)
Gomez swore that he was in the wine shop with Munoz; they went out together for a walk and came to a clearing near the houses of Fran(cis)co Rentanilla and An(toni)o Nicolas, armorer to the king. They then went to the hospital, meeting Millan on the way. Munoz went on alone and Gomez saw him and Millan going along the street. Gomez followed them and saw that Millan had a knife in his hand. Gomez tried to separate them and was wounded. He went to the church where Munoz came saying that he had thrown away the knife. Munoz called McKenna, the pastor, who gave him the church paper. No soldiers or officials were there at the time. Gomez is 30. He did not know of any enmity between Millan and Munoz.
D.S. Copy (Spanish)
--------
1795 Nov. 16(?)
Pasos, Ramon de
Mobile, (Alabama)
Informed by Soldier Man(ue)l de Orta, of the 4th Company of the 3rd Battalion that at 7:30 in the morning he found Millan dead, Hernandez went to the spot with Pasos and the witnesses Man(ue)l de Castro and Joaquin Rueda and the doctor. Near the body were found a uniform jacket and hat, a knife case and a piece of iron pipe(?). Hernandez ordered the body taken to the hospital for burial.
D.S. Copy (Spanish)
--------
1795 Nov. 16(?)
Pasos, Ramon de
Mobile, (Alabama)
Hernandez had Millan taken to the hospital to be buried.
D.S. Copy (Spanish)
--------
1795 Nov. 10
Pasos, Ramon de
Mobile, (Alabama)
Gallegos appeared before Hernandez and testified that Gomez's wounds were in the usual state for the second day.
D.S. Copy (Spanish)
--------
1795 Nov. 10
Pasos, Ramon de
Mobile, (Alabama)
De Orta swore that he did not know who started the fight but when he heard about it the next morning he went out beyond the houses and turned by the English cemetery. A dog he took along discovered the body and de Orta went to inform the Commandant. He had seen no enmity between Millan, Munoz and Gomez but he had been up the river in the king's schooner for twelve days, arriving in Mobile on the 9th at 10 o'clock and had not seen Millan until he found him dead. Orta is 30.
D.S. Copy (Spanish)
--------
1795 Nov. 11
Pasos, Ramon de
Mobile, (Alabama)
Hernandez went with Pasos to take a second declaration from Gomez. Gomez came down from the Confederate Post(?) a few days ago, waiting a chance to go to New Orleans to join his company. He swore (in addition to testimony already given above) that Munoz wounded Millan with a knife he had taken from Millan.
D.S. Copy (Spanish)
--------
1795 Nov. 11
Pasos, Ramon de
Mobile, (Alabama)
Nicolas, the gunsmith, appeared and swore that he had not noticed the two soldiers but had noticed the sergeant when he went all bloody to the hospital; that he did not know the aggressor. Nicolas is 36.
D.S. Copy (Spanish)
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1795 Nov. 11
Pasos, Ramon de
Mobile, (Alabama)
Fran(cis)co Ramos, 2nd Sergeant of the 6th Company, swore that Munoz had received his pay and passed review and had had the laws read to him. In the year he had been at this post he had known Munoz to carry a knife twice and to be in the guardhouse and jail; that Munoz did not have church immunity. Ramos is 33.
D.S. Copy (Spanish)
--------
1795 Nov. 11
Pasos, Ramon de
Mobile, (Alabama)
Juan Garcia of the 6th Company, swore to (testimony similar to that already given). He is 42.
D.S. Copy (Spanish)
--------
1795 Nov. 11
Pasos, Ramon de
Mobile, (Alabama)
Christoval de Torres, of Company 6, swore (to essentially the same testimony as given above). Torres is 38.
D.S. Copy (Spanish)
--------
1795 Nov. 11
Pasos, Ramon de
Mobile, (Alabama)
Hernandez, having completed the depositions, took the confession of the defendant without naming an attorney as there was none in Mobile or Pensacola.
D.S. Copy (Spanish)
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1795 Nov. 11
Pasos, Ramon de
Mobile, (Alabama)
At Fort Carlota, the prosecutor had Munoz brought out. He swore that he was 24, a native of Queretara, a Catholic and a soldier since January 3, 1790. He is a prisoner because he wounded Millan with a knife on November 9. On that day he left the Fort and went to the house of Simon de Castro. Then he met Gomez with whom he went to the tavern of the Englishman, Juan Arnot where Millan, Jose Cortinas and Andres Zuniga were eating and ate with them. All dispersed without any discord. Gomez and Munoz went down the street but before reaching the barracks, they came to an orchard where they drank some liquor and then went to the hospital. Finding it closed they went past the house of the oil-mill worker, Diego Albarez, and met Millan. They went to Arnot's, Munoz going in alone to buy some liquor. When he came out he saw the two entering a wood. When he arrived he saw that Millan had a knife. Millan seized Gomez and wounded him; Munoz took away the knife and Millan took him by the hair and held his head to the ground. Munoz raised the knife and struck not knowing where. When Millan found himself wounded he let go. Millan remained there and Munoz and Gomez went to the square. Munoz threw the knife into a field. At the church McKinna gave Gomez the church immunity paper. gomez went to the hospital and Munoz stayed in the church. When the pastor asked him what he had done, Munoz replied that he thought he had done nothing and the pastor said "Then go." Asked how he justified what he said because Hernandez had met him in front of the bakery talking with de Orta and Corporal Fran(cis)co Marrera whom he ordered to take him to the fort to jail, Munoz replied that Gallegos and a man he knew by sight and a negro sacristan heard Munoz ask for the paper and he relied on the pastor's words to leave. Munoz did not go to aid Gomez in a quarrel.
D.S. Copy (Spanish)
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1795 Nov. 11
Pasos, Ramon de
Mobile, (Alabama)
Andres Zuniga swore that he was a soldier of the 5th Company, 3rd Battalion and (gave his testimony in the case). He is 32.
D.S. Copy (Spanish)
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1795 Nov. 11
Pasos, Ramon de
Mobile, (Alabama)
Jose Cortinas swore to (his testimony in the case). He is 26.
D.S. Copy (Spanish)
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1795 Nov. 11
Pasos, Ramon de
Mobile, (Alabama)
Ignacio (?) Arnot swore that he ran a bakery and a tavern and that the soldiers had eaten in his shop. Arnot (gave his testimony). He is 34.
D.S. Copy (Spanish)
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1795 Nov. 12
Pasos, Ramon de
Mobile, (Alabama)
Gallegos swore that he saw McKenna give the paper to Gomez who went out towards the hospital but no one else except Gallegos, (Munoz) and the pastor were there after Gomez left.
D.S. Copy (Spanish)
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1795 Nov. 12
Pasos, Ramon de
Mobile, (Alabama)
Since Gallegos testified that there was no one in the pastor's house but he, the corporal, the soldier and the pastor and Munoz testified that there was another man whom he knew by sight, Hernandez cannot complete the citation and the negro who was at the pastor's house saw nothing.
D.S. Copy (Spanish)
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1795 Nov. 12
Pasos, Ramon de
Mobile, (Alabama)
Hernandez, having concluded the testimony for Munoz went to take testimony from Gomez considered a defendant without the requirement of naming an official to defend him because there was none.
D.S. Copy (Spanish)
--------
1795 Nov. 12
Pasos, Ramon de
Mobile, (Alabama)
Hernandez and Pasos went to the hospital where Gomez was. He swore that he was a native of the City of Mexico in New Spain and was 30 years old and a Catholic. He testified as he had on pages 4, 5, 6, 7 and pages 14, 15, 16, 17, (but changed his testimony as to the circumstances of meeting Munoz and Millan and other facts). He had met Munoz and they had had lunch and a drink at the house of the mulatto, Regis, when Cortinas came to call Gomez to come to eat and that Munoz had followed and had eaten with them.
D.S. Copy (Spanish)
--------
1795 Nov. 12
(Pasos, Ramon de)
Mobile, (Alabama)
Hernandez went to the house of Olivier to deliver these proceedings of 45 pages.
D. (Spanish)
--------
1795 Nov. 16
Olivier, Pedro
Mobile, (Alabama)
to Baron (Francisco Luis Hector) de Carondelet
(New Orleans, Louisiana)
Olivier enclosed the proceedings so that Carondelet may consult with the Judge Advocate of the Army.
L.S. Copy (Spanish)
(17)95 Nov. 25
Carondelet, Baron de
New Orleans, (Louisiana)
This is to be given to the Judge Advocate with the indictment enclosed.
D.S. Copy (Spanish)
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1795 Nov. 28
Judge Advocate
New Orleans, (Louisiana)
to Baron de Carondelet
(New Orleans, Louisiana)
Having seen the proceedings against Gomez and Munoz and since they left the church without waiting to be taken, not like most cases where immunity can be invoked according to the royal order of February 28, 1794, the military judge thinks that Carondelet could order a court martial to ascertain (certain points of the trial).
D. Copy (Spanish)
--------
1796 Jan. 31
Olivier, Pedro
Mobile, (Alabama)
Olivier encloses the summary of proceedings so that they may be completed and made ready to send to Pensacola.
D.S. Copy (Spanish)
--------
1796 Feb. 2
Pasos, Ramon de
Mobile, (Alabama)
Hernandez put the above decree into execution.
D.S. Copy (Spanish)
--------
1796 Feb. 2
Pasos, Ramon de
Mobile, (Alabama)
Gallegos appeared before Hernandez and swore that he had cared for Gomez in the hospital and on December 24, 1795 Gomez left the hospital restored to health.
D.S. Copy (Spanish)
(17)96 Feb. 3
Pasos, Ramon de
Mobile, (Alabama)
Arnot appeared and swore that he did not see any of the soldiers named take out a knife and knew nothing of whether the soldier who came back for a drink in the afternoon left the liquor in the shop when he was not met at the door by his companions. Arnot is 34.
D.S. Copy (Spanish)
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1796 Feb. 3
Pasos, Ramon de
Mobile, (Alabama)
Cortinas appeared and swore that he did not see anyone take out a knife except when they set the table to eat the goose and that he did not know the owner of the knife shown to him. He is 26.
D.S. Copy (Spanish)
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1796 Feb. 3
Pasos, Ramon de
Mobile, (Alabama)
Zuniga appeared and swore that he did not see any of the soldiers take out a knife and did not know the owner of the knife shown to him. He is 33.
D.S. Copy (Spanish)
(17)96 Feb. 4
Pasos, Ramon de
Mobile, (Alabama)
Hernandez orders ratification of the concluded proceedings.
D.S. Copy (Spanish)
--------
1796 Feb. 4
Pasos, Ramon de
Mobile, (Alabama)
Gallegos ratified the four declarations he had given.
D.S. Copy (Spanish)
--------
1796 Feb. 4
Pasos, Ramon de
Mobile, (Alabama)
Since de Orta is in Pensacola, Hernandez will allow him to ratify his testimony there when the proceedings are sent there.
D.S. Copy (Spanish)
--------
1796 Feb. 4
Pasos, Ramon de
Mobile, (Alabama)
Nicolas, Ramos, Garcia, de Torres, Zuniga, Cortinas, and Arnot ratified their testimony (in turn).
D.S. Copies (Spanish)
--------
1796 Feb. 4
Pasos, Ramon de
Mobile, (Alabama)
The ratifications being completed, Hernandez orders the confrontation of the eight witnesses tomorrow at 8 at Fort Carlota.
D.S. Copy (Spanish)
(17)96 Feb. 5
Pasos, Ramon de
Mobile, (Alabama)
Gomez and Munoz were brought out. Gallegos appeared and his testimony was read, to which the two accused agreed.
D.S. Copy (Spanish)
--------
1796 Feb. 5
Pasos, Ramon de
Mobile, (Alabama)
Nicolas, Ramos, Garcia, Jose de Flores (de Torres), Zuniga, Cortinas and Arnot appeared and (in turn) their testimony was agreed upon.
D.S. Copies (Spanish)
--------
1796 Feb. 5
Pasos, Ramon de
Mobile, (Alabama)
At two in the afternoon, Hernandez had Munoz and Gomez appear. Munoz did not agree with Gomez's testimony (about who went first to the woods). Gomez replied that if his first testimony did not agree with this confrontation it was because he was grievously wounded by Millan.
D.S. Copy (Spanish)
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1796 Feb. 5
Pasos, Ramon de
Mobile, (Alabama)
Hernandez and Pasos went to the house of Olivier to deliver this process of 78 pages.
D.S. Copy (Spanish)
(17)96 Mar. 26
DuBreuil, Jacovo
Pensacola, (Florida)
to Ignacio Valderas
( )
Colonel Enrique (White) Wit gave Dubreuil the proceedings sent him on March 13 by Olivier. Dubreuil sends them to Valderas so that the process may be completed in the military court. He also sends the knife and piece of pipe stained with blood found near the body.
L.S. Copy (Spanish)
(17)96 Apr. 2
Balderas, Ignacio
Pensacola, (Florida)
to ( )
Valderas reminds His Lordship that Dubreuil, acting commander of the 3rd battalion, sent a letter enclosing the process against Munoz and Gomez. Balderas begs His Lordship to permit him to continue the case so that it may be put in shape to be judged by the military council.
D.S. Copy (Spanish)
--------
1796 Apr. 2
Valderas, Ignacio
Pensacola, (Florida)
Valderas names Mig(eu)l Algarin, soldier of the 6th Company, as notary; he accepts.
D.S. Copy (Spanish)
--------
1796 Apr. 2
Algarin, Miguel de
Pensacola, (Florida)
Dubreuil turned over to Balderas the proceedings and knife and pipe.
D.S. Copy (Spanish)
--------
1796 Apr. 2
Algarin, Miguel de
Pensacola, (Florida)
Since there is no original copy of the regimental register of Munoz, as it was missing in Mobile, Balderas orders it to be copied.
D.S. Copy (Spanish)
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1796 Apr. 2
Balderas, Ign(aci)o
Pensacola, (Florida)
Munoz, son of Marcial Munoz and Ig(naci)a Rivera, native of Queretara, a weaver by trade, is 5 feet, six inches tall, 17 years old and Catholic, has dark chestnut hair and eyebrows, grey eyes, ruddy complexion, some pockmarks, a scar through the left eyebrow. He was sentenced as a deserter from the first to one of the permanent regiments in Cuba to complete the term of 8 years from May 2, (17)91. By the royal order of November 1, (17)89 he was incorporated into the permanent regiment of Havana June 1, 17(92), the witnesses being Fran(cis)co Macoso and Juan Campos of the same company. (Signed) Eugenio Lucas. As colonel and major he certifies that the (above) is a copy of the original register and that the person is to go to the permanent regiment of Louisiana at the end of (April). (Dated) Havana, February 15, (17)95 (Signed) Ant(oni)o Mariade la Torre. This is a copy of the original shown to the person in this auditor's office. New Orleans, May 6, (17)93. (Signed) Felipe Trevino. Notes. He took the oath of allegiance at the review of June, (17)93, and the laws were read to him. Signed. On March 3, (17)94 he was jailed for selling two shirts and a pair of breeches. On March 11, (17)94 he was jailed for two months for giving away a pair of shoes and warned of the penalty of a relapse. Signed. He went from the 8th of the First to the 6th of the Third by permit (?) November 1, (17)94. Signed. Balderas, adjutant of the Third, acting as major for his separation. He certifies that the above registrar and notes are a copy of the original in the master register of this battalion in his charge and the person in it is the same as the one accused of Millan's murder.
D.S. Copies (Spanish)
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1796 Apr. 2
Algarin, Mig(ue)l de
Pensacola, (Florida)
Balderas, in order to finish some business, orders the case suspended.
D.S. (Spanish)
--------
1796 Apr. 8
Algarin, Miguel
Pensacola, (Florida)
Balderas, having completed the business, orders the case to be resumed.
D.S. Copy (Spanish)
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1796 Apr. 8
Algarin, Mig(ue)l
Pensacola, (Florida)
Since a lawyer was never appointed in Mobile for Munoz and Gomez,
Balderas orders that they be informed that they may each have one.
Munoz chose Benig(n)o Garcia Calderon, 2nd lieutenant
of the 4th Company of the First Battalion and Gomez chose Ant(oni)o de
Soto (y Baillon), 2nd Lieutenant of the 6th Company Third
Battalion.
D.S. Copy (Spanish)
--------
1796 Apr. 8
Algarin, Mig(ue)l
Pensacola, (Florida)
Calderon and de Soto appeared before Balderas and accepted the appointments.
D.S. Copy (Spanish)
--------
1796 Apr. 8
Algarin, Mig(ue)l
Pensacola, (Florida)
Balderas ordered Calderon and de Soto to be at the fort at 2 o'clock to be present at the ratification of testimony by de Orta.
D.S. Copy (Spanish)
--------
1796 Apr. 8
Algarin, Miguel
Pensacola, (Florida)
De Orta ratified his testimony.
--------
1796 Apr. 8
Algarin, Mig(ue)l
Pensacola, (Florida)
Algarin affirms that Calderon and de Soto assisted at the second ratification.
D.S. Copy (Spanish)
--------
1796 Apr. 8
Algarin, Mig(ue)l de
Pensacola, (Florida)
Balderas ordered Munoz and Gomez brought for confrontation with de Orta. Both agreed with de Orta's testimony.
D.S. Copy (Spanish)
(17)96 Apr. 9
Algarin, Mig(ue)l de
Pensacola, (Florida)
The process being completed and asked for by the official defender, Calderon, Balderas ordered the 66 page process brought at nine in the morning.D.S. Copy (Spanish)
--------
1796 Apr. 9
Algarin, Mig(ue)l
Pensacola, (Florida)
Calderon, defender for Munoz, returned the process at three the same day.
D.S. (Spanish)
--------
1796 Apr. 9
Algarin, Miguel
Pensacola, (Florida)
De Soto, defender for Gomez, took the process at three in the afternoon.
D.S. (Spanish)
--------
(1796) (Apr. ?)
Balderas, Ignacio
(Pensacola, Florida)
Balderas (sums up the case referring to) the decree of January 16, 1716 about duels and the decree of February 28, 1794. He concludes that Munoz and Gomez should suffer the penalty of hanging as fixed by His Majesty in Article 64, Item 10, Treatise 8 of the Royal Ordinances of the Army.
D.S. Copy (Spanish)
(17)96 Apr. 11
Balderas, Ignacio
(Pensacola, Florida)
Balderas gives notice to Dubreuil that the process is concluded. As an advisory board, Balderas names Captains Jose (Valiere) Baliere, Juan Doming(ue)z, Fran(cis)co Duberges, Celestino St. Maxent, and Lieutenants Carlos de Ville de Goutin and Geronimo Jeven(n)es. They are to be at Dubreuil's house at 8 the next day and at 8:30 to attend Mass before acting on the council.
D.S. Copy (Spanish)
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1796 Apr. 12
Calderon, Benigno Garcia
Pensacola, (Florida)
Calderon (pleads Munoz' cause) stating that the wound given Millan was in self-defense. He asks for acquittal.
D.S. Copy (Spanish)
--------
1796 Apr. 12
De Soto y Baillon, Antonio
Pensacola, (Florida)
De Soto (pleads Gomez's cause) stating that by Munoz's confession it was he who killed Millan. De Soto asks that his party be absolved from all punishment.
D.S. Copy (Spanish)
(17)96 Apr. 12
Balderas, Ignacio
Pensacola, (Florida)
The council was brought in and questioned. Then the prisoners were returned and the council proceeded to give their opinion.
D.S. Copy (Spanish)
(Jevennes, Ville de Goutin, St. Maxent, Duberges, Doming(ue)z, Baliere, and Dubreuil each vote that Munoz be shot, citing the Royal Order of May 1,1794 and that Gomez be given prison terms of varying length and be removed from his regiment citing Article 66 of the Royal Ordinances).
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1796 Apr. 12
Dubrevil [Dubreuil], Jacovo and others
Pensacola, (Florida)
The members of the Council sentence Munoz to be shot and Gomez to be removed from his squadron and serve a term of 6 years. (All members sign).
D.S. Copy (Spanish)
(17)96 Apr. 16
Algarin, Miguel
Pensacola, (Florida)
Balderas and Algarin took the proceedings to Governor Henrique W(h)ite.
A.D.S. Copy (Spanish)
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1797 Nov. 29
Algarin, Mig(ue)l de
San Carlos de Barrancas, (Florida)
In the case against Man(ue)l (del) Rio, sergeant in the First Company of the Third Battalion concerning the escape of five criminals from the jail of the fort on the night of June 5, the attorney-general being Ville de Goutin, Algarin certifies that the declarations of Gomez, Fran(cis)co Martinez, the blacksmiths and carpenters and the prisoners and the church immunity paper and Rio's confession appear on the pages he cites. This is signed also by Balderas, attorney-general for the present case.
D.S. Copy (Spanish)
( ) ( )
Algarin, Mig(ue)l
( )
Gomez appeared before Ville de Goutin and when questioned about the escape of Fran(cis)co Calero, the drummer Fran(cis)co Canet, Fran(cis)co Alba, Ignacio Munoz and Ramon Maestre, swore that since March he had been in the cell with the prisoners. They asked Gomez to join them but he refused. He saw only two folding knives with which they removed their shackles. De Orta, who went out to work each day, talked with them but Gomez did not notice any conspiracy. They also used the knives on the locks, working during the Angelus and about 8 went out. One knife was left in the cell by the grenadier, Leandro Alba and the other by a negro from the English corsair. They kept these in the sack of bread or in a crack in the floor. The sergeant that day was del Rio who inspected the cell when the guard changed about noon. A steward brought in the meal. Only at the door is there a sentinel continually; the other is increased at nine o'clock.
D.S. Copy (Spanish)
( ) ( )
Algarin, Mig(ue)l
( )
Martinez, a soldier of the 8th Company swore that he was on guard duty that day except when on sentinel duty at the hospital from 2 to 4, up to the time he was relieved between 8:30 and 9 o'clock. Martinez knew of the escape when he heard Gomez shout. He was in the post talking with the commander and immediately went in pursuit with Pedro Amo and Alonso Garcia. Finding nothing they returned. The prisoners escaped through a window. The sentinel was Felis Sanchez of the 7th company. During the day two sentinels were maintained, one at the door of the jail and one at the hospital, at 9 in the evening a third came. Martinez is 27.
D.S. Copy (Spanish)
( ) ( )
Algarin, Miguel
( )
The two blacksmiths, Nicolas Lopez and Fran(cis)co Hernandez Palmes went with Ville de Goutin and Algarin to inspect the window of the cell. Both said it was not possible to tell exactly how the window was broken but they believe they had outside help. Lopez signs.
D.S. Copy (Spanish)
( ) ( )
Algarin, Miguel de
( )
The carpenter Agustin Moro, swore that, summoned to repair the window, he took to Jose Noriega, adjutant, the two knives and the drill he found.
D.S. Copy (Spanish)
( ) ( )
Algarin, Miguel de
( )
Ville de Goutin and Algarin went to the jail where the first escapee, Calero, appeared and after him the other four who all identified the knives but not the drill.
D.S. Copy (Spanish)
( ) ( )
Algarin, Miguel de
( )
Munoz gave his testimony of the escape (adding to facts already given) that the grenadier Leandro Alba was from Apalache and that he, Munoz, had taken asylum in the church of St. Michael on the night of the escape as it appears from his church paper (of immunity).
D.S. Copy (Spanish)
( ) ( )
Algarin, Mig(ue)l de
(Pensacola, Florida)
Ville de Goutin asks Munoz for the church paper which he presented, signed by Father (James Coleman) Santiago Colman, of St. Michael's, which Ville de goutin ordered copied: "I give permission for Munoz to be taken from this church on parole, June 5, (17)97." the paper was returned to Munoz.
D.S. (Spanish)
( ) ( )
Algarin, Miguel de
(Pensacola, Florida)
Del Rio gives his testimony about the guard, (adding these new points): he did not test the window because it was out of his reach. At the Angelus he sent his guard to the mayor for the password and upon his return sent him to the hospital to see why they had called for a sentinel there. He came back with the news that the fencing master of New Orleans had died and del Rio had to take the news to the square. Upon his return he heard Gomez shout that the prisoners had fled. Told that Martinez and Amo denied going with del Rio, he said his memory was a little confused but he had called two soldiers to go with him. The extra guard he ordered at 9 o'clock was Manuel de Castro of Company 5. Del Rio is 38.
D.S. Copy (Spanish)
--------
1797 Dec. 7
Balderas, Ig(naci)o
St. Charles of the Barrancas, (Florida)
Balderas, Adjutant of the Infantry, certifies that the copy of the process above and the ultimatum are copied from the originals in his office. Accompanied by Algarin he went to the home of Fran(cis)co Maximiliano St. Maxent, Lieutenant Colonel and Commandant of the Battalion to deliver the process to him so that he might give directions.
D.S. Copy (Spanish)
--------
1798 Feb. 9
Gayoso (de Lemos, Manuel)
New Orleans, (Louisiana)
(The case) is to be given over to the lawyer Man(ue)l Serrano since the Judge Advocate is very ill.
D.S. Copy (Spanish)
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1798 Feb. 12
Serrano, Manuel
New Orleans, (Louisiana)
to (Manuel Gayoso de Lemos
New Orleans, Louisiana)
Serrano has seen the order of (Nicolas?) Vidal sent to the Captain General on May 7, (17)96 in which he concurs with the sentence of the council condemning Munoz to be shot and Gomez to serve 6 years. The delay of the Captain General shows that he holds a contrary opinion about Gomez, about Munoz there is no doubt since from circumstances it is evident that his is an exception from immunity. Serrano thinks that a letter should be sent to the Ecclesiastical Judge together with the process so that Munoz may be given over to the law. (?)
D.S. Copy (Spanish)
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1798 Feb. 12
Gayoso de Lemos, Man(ue)l
New Orleans, (Louisiana)
Serrano, assessor of the district, gave the report because of the illness of the Judge Advocate.
D.S. Copy (Spanish)
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1798 Mar. 20
Gautier, Juan
New Orleans, (Louisiana)
Gautier, Sergeant, certifies that the process and decrees above are copies of those in his charge.
A.D.S. (Spanish)
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1798 Apr. 11
Hassett, Father Thomas
New Orleans, (Louisiana)
These proceedings are to be given over to Father Ramon Palao who is named as district attorney. Fran(cis)co Broutin certifies as notary.
A.D.S. (Spanish)
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1798 Apr. 11
Broutin, (Francisco)
(New Orleans, Louisiana)
Broutin went to Palao's house where Palao stated that he could not accept the appointment as he was too busy and ill. Palao signs.
D.S. (Spanish)
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1798 Apr. 12
Hassett, Father Thomas
New Orleans, (Louisiana)
The case is to be given to Father Gili. Broutin certifies and adds that he notified Gilly [Gili] who accepted and signs as Sebastian Gili.
D.S. (Spanish)
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1798 Apr. 17
Gili, Father Sebastian
New Orleans, (Louisiana)
to (Father Thomas Hassett)
(New Orleans, Louisiana)
Gili is convinced that the killing was accidental. He calls attention to the fact that the proceedings were also sent to Havana to the Captain General and the delay indicates that he did not agree with the opinion of the council. The attorney general could get a clearer view if he had the report of the Judge Advocate on February 12. Gili asks that the point of immunity be considered.
A.D.S. (Spanish)
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1798 Apr. 18
Hassett, Father Thomas
New Orleans, (Louisiana)
(The above is to be added to) the proceedings. Broutin certifies.
A.D.S. (Spanish)
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1798 Apr. 18
Hassett, Father (Thomas)
(New Orleans, Louisiana)
Having seem the reasons given by the attorney yesterday for not permitting Munoz to be given over to military jurisdiction and inclined to examine the judgment of immunity(?), let it be communicated to the governor general in answer to his letter of March 28, with the other in which is enclosed the cited petition and this decree.
D.S. (Spanish)
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1798 Apr. 18
Broutin, Francis(co)
New Orleans, (Louisiana)
Broutin certifies Hassett's signature and adds that he notified Gayoso and gave him the letter.
D.S. (Spanish)
V-l-g A.D.S., L.S., D.S., D. and Copies (Spanish) 120pp. 4to.
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