Healy, J(ohn)

Documents promoting the cause of John (Healy) Jely to reclaim his wife, Mary Fitzgerald.

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(1795) (Dec. 16)

Healy, J(ohn)
(New Orleans, Louisiana)

(Healy) Jely appears and states that for the second time he is asking Penalver to order Healy's wife to return to him, that up to now she has not proved true to her word. When he sees her she insults him, wishing to make him say something to make a scandal. Healy asks that Penalver arrest her if she does not keep her word, to send her to a house of correction in Havana where he will pay the expense.

L.S. (Spanish)

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(1795) (Dec. 18)

(Penalver y Cardenas, Luis), Bishop of
(New Orleans, Louisiana)

Mary Fitzgerald, wife of the (above) who appeared is to be informed that the reasons she has given for living apart from her husband for eight years are not sufficient and that she is to return to him within one day. J(ose)ph M(ari)a Rivas as secretary certifies that the bishop signed this decree and adds that he (Rivas) notified Mary Fitzgerald and John (Healy) Jely of it.

D.S. (Spanish)

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(1795) (Dec. 24)

Healy, J(ohn)
(New Orleans, Louisiana)

to (Bishop Luis Penalver y Cardenas
New Orleans, Louisiana)

Healy, in the proceedings against his wife to make her return to him, appears for the third time and asks Penalver to arrest her in order to send her to a house of correction in Havana at his expense. He also asks Penalver to take away from her his daughter so that he may send her to a convent. Although Penalver has forbidden her to let Josef Miller come to her house she continues to do so.

D.S. (Spanish)

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(1795) (Dec. 24)

(Penalver y Cardenas, Luis, Bishop of
New Orleans, Louisiana)

The Tribunal does not have the power to send a person to jail or out of the country. The daughter will be sent to the Ursulines. For the second time Penalver forbids Josef Miller to go to (Mary Fitzgerald)'s home and if within one day she does not return to her husband, other means will be used. J(ose)ph M(ari)a de Rivas certifies to the bishop's signature on this decree and in two notes adds that he informed Healy and Mary Fitzgerald of it. She said that it was impossible for her to return to this man.

A.D.S. (Spanish)

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1795 Dec. 24

Fitzgerald, Mary
(New Orleans, Louisiana)

to Bishop (Luis Penalver y Cardenas
New Orleans, Louisiana)

Mary Fitzgerald received the notice of the decree ordering her to return to John (Healy) Jelic. Her return would mean the annulment of her divorce granted by a superior authority. Her union with the said Jelic came through the false report that her first husband was dead, perhaps spread by Jelic. She offers to present two witnesses who can testify that her first husband is alive in Ireland and asks Penalver to revoke the decree ordering her to return to Jelic.

D.S. (Spanish)

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(1796) (Dec. 30)

(Penalver y Cardenas, Luis, Bishop of
New Orleans, Louisiana)

The marriage certificate of (Mary Fitzgerald) and John Jelic is to be included in these proceedings. This decree is signed with the bishop's flourish and certified by J(ose)ph M(ari)a de Rivas and two notes follow certifying that Mary Fitzgerald and the pastor of the (Cathedral) chapel were notified of the decree.

A.D.S. (Spanish)

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1796 Jan. 8

Sedella, O.M.Cap., Father Antonio de
New Orleans, Louisiana

As pastor of the Cathedral chapel of New Orleans, Sedella certifies that in one of the registers of marriage certificates on page 149 there is an entry like the following: On March 8, 1783, there appeared before him Juan Kely, son of Nicolas Kely and Maria Rovas of London and Maria Obren daughter of Guion Fisctrerl and Eugenia Suliven of Ireland. There was a legal and true marriage before the witnesses, Juan Brophy, Vicente Llorca and Ann Brophy who signed. This agrees with the original in the archives of the church.

A.D.S. (Spanish)

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(1796) (Jan. 20)

Healy, J(ohn)
(New Orleans, Louisiana)

to Bishop (Luis Penalver y Cardenas)
(New Orleans, Louisiana)

He asks Penalver to return to him all the documents of the proceedings against his wife so that he may present them to the Governor.

D.S. (Spanish)

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(1796) (Jan. 20)

(Penalver y Cardenas, Luis,) Bishop of
(New Orleans, Louisiana)

Penalver cannot return the documents; the Tribunal is the only one which can judge the case. This decree is signed with the bishop's flourish and certified by de Rivas who adds in a note that he notified Jelic of it.

A.D.S. (Spanish)

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(1796) (Jan. 26)

Healy, J(ohn)
(New Orleans, Louisiana)

to Bishop (Luis Penalver y Cardenas
New Orleans, Louisiana)

Jely has been notified of Penalver's decision and asks him to order his wife to give her reasons.

D.S. (Spanish)

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1796 Jan. 26

(Penalver y Cardenas, Luis), Bishop of
(New Orleans, Louisiana)

Penalver grants the above petition, signing with his flourish which de Rivas certifies. In a note Rivas certifies that he notified Jelic of the decree.

A.D.S. (Spanish)

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1796 Jan. 27

(Penalver y Cardenas, Luis), Bishop of
(New Orleans, Louisiana)

Mary Fitzgerald is to present the witnesses which she announced in her letter, relative to the survival of her first husband. Rivas certifies to the bishop's signature of this decree and adds in a note that Mary Fitzgerald was notified and she answered that the two witnesses were out of the city, one at Natchez and the other twenty leagues away.

A.D.S. (Spanish)

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(1796) (Jan. 29)

Fitzgerald, Mary
(New Orleans, Louisiana)

One of the witnesses will testify in person but the other, named Patrick (Foley?) Folly, lives in Natchez and therefore she asks Penalver to commission someone to take the testimony.

L.S. (Spanish)

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1796 Jan. 29

(Penalver y Cardenas, Luis), Bishop of
(New Orleans, Louisiana)

The one witness is to appear and testify and the other is to give his testimony before the pastor of Na(t)che(z) and two witnesses. Rivas certifies the bishop's signature to this decree and in two notes certifies that Mary Fitzgerald was notified on December 30 and that notice was sent to the priest.

A.D.S. (Spanish)

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1796 Jan. 30

Penalver y Cardenas, Bishop of
New Orleans, Louisiana

to Father Fran(cis)co Len(n)an
Na(t)chez, (Mississippi)

In the proceedings of the Tribunal by which John Jelie (Healy) wishes to be reunited with his wife Mary Fitzgerald, on page 5, there is a document like the following: (A copy of Mary Fitzgerald's letter of December 24, is given). In another letter of page 10, the same (Mary) fitzgerald asks that one of the witnesses be received which gave rise to the following decree: (The decree of Penalver and the certification of de Rivas on January 29, 1796 is copied). Therefore, Penalver orders the pastor of Na(t)chez to fulfill the requirements of the two mentioned documents. This is signed by the bishop and certified by Rivas.

L.S. (Spanish)

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(1796) (Feb. 4)

Healy, J(ohn)
(New Orleans, Louisiana)

to Bishop (Luis Penalver y Cardenas
New Orleans, Louisiana)

The two day term is over and his wife, Mary Ficheral (Fitzgerald) has not responded. Since he has business to attend to he asks permission to leave the city for a short time.

L.S. (Spanish)

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1796 Feb. 4

(Penalver y Cardenas, Luis), Bishop of
(New Orleans, Louisiana)

(Healy) must delegate his power to another person; the delay in the trial has been unavoidable. Penalver signs with his flourish; Rivas certifies the decree and adds in a note that he (Rivas) notified Jelic (Healy) of it.

D.S. (Spanish)

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(1796) (Feb. 13)

Healy, J(ohn)
(New Orleans, Louisiana)

Since his petition to leave the city was not granted, (Healy) Jelic has decided to stay because he does not have the money to pay another person to act for him. He asks that the decisions be addressed to him as before.

D.S. (Spanish)

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1796 Feb. 13

(Penalver y Cardenas, Luis), Bishop of
(New Orleans, Louisiana)

(The above) is granted. The bishop signs with his flourish which Rivas certifies and adds in a note that he made known the above to John Jelie.

A.D.S. (Spanish)

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(1796) (Feb. 26)

Healy, J(ohn)
(New Orleans, Louisiana)

to Bishop (Luis Penalver y Cardenas
(New Orleans, Louisiana)

Since the two days given for reply in the proceedings against Mary Ficherald (Fitzgerald) have gone by, (Healy) Jely asks Penalver to send an officer of justice to notify her that two more days will be given her and then if she does not do so, Healy asks that Penalver order a liquidation of her property and her arrest.

L.S. (Spanish)

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1796 Feb. 26

(Penalver y Cardenas, Luis), Bishop of
(New Orleans, Louisiana)

(Healy) asks with justification. This decree is signed with the bishop's flourish and certified by de Rivas who also certifies that he made the above decree known to Jely.

A.D.S. (Spanish)

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1796 Apr. 20

Lennan, Father Fran(cis)co
Natchez, (Louisiana)

to Bishop Luis Penalver y Cardenas
(New Orleans, Louisiana)

Having received Penalver's letter above, Lennan is not able to comply because the name of the person in question is not given. Therefore he returns it.

A.L.S. (Spanish)

(This document is found at the end of the dossier).

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1796 Jul. 11

Quintero, Father Isidro
New Orleans, (Louisiana)

Mary Fitzgerald, complying with Penalver's decree presents as witness Patrick Folly who testifies that in 1788 he was in Limerick, Ireland and talked with the mother of Mary Fitzgerald who had with her a lady of about 18 years of age who she said was her granddaughter and daughter of the said Maria Fitzgerald; that he knew from the Catholic bishop of Limerick that the said Mary Fitzgerald had been married in that city some years before, that she had left her husband and came alone to America; that this was known to others but that no one knew if her husband was living or dead. Foley is 47 years old. This is signed by Patrick Foley and the bishop's flourish and certified by Quintero as Pro-Secretary.

A.D.S. (Spanish)

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1796 Jul. 11

(Penalver y Cardenas, Luis), Bishop of
(New Orleans, Louisiana)

Mary Fitzgerald is to present the second witness as the other, Patrick Folly has testified. This is certified by Quintero who adds that he notified Mary Fitzgerald of the above decree.

A.D.S. (Spanish)

IV-5-j L.S., D.S, A.D.S., A.L.S. 26pp. 4to. (Spanish)
16

1796 Jul. 11

Penalver y Cardenas, Luis, Bishop of
New Orleans, Louisiana

to Father Felix de Quintan(a)r, (O.M.Cap.)
(Galveztown, Louisiana)

Penalver received the census for this year with the official letter of June 23. Although few have not fulfilled their Easter duty, Quintanar is not to abandon them but to admonish them, speaking to the commandant in his behalf to admonish them. He advises Quintanar to act as quickly as possible.
IV_5-j L.S. Copy 1p. 8vo. (Spanish)
2

1796 Jul. 11

Walsh, Father (Patrick) Patricio
New Orleans, (Louisiana)

to Bishop (Luis Penalver y Cardenas
New Orleans, Louisiana)

Fran(cis)co Bermudez, notary of the Tribunal of the Crusade, told Walsh the following on this date (enclosure). Walsh sends it on so that (Penalver) may order Bermudez' arrest in his own house and not in the public jail or, do what he thinks best.

L.S. Copy (Spanish)
Enclosure:

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1796 Jul. 11

Bermudez, Fran(cis)co
New Orleans, (Louisiana)

to Father Patricio Walhs
(New Orleans, Louisiana)

Bermudez has been sentenced to the public jail resulting in an insult both to himself and his office as notary of the Tribunal of the Crusade. He informs Walsh so that he may take means to prevent it.

IV-5-j L.S. Copy A.L.S. 3PP. 8VO. (Spanish)
2