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1803 May 9

Ximenes, Carlos
New Orleans, (Louisiana)

Manuel de Salcedo stated that Sergeant Juan Veslasco, in charge of the prison, told him that he had taken to the Royal Hospital the wounded Jose Dimas, whose name turned out to be Juan Jose Macdonan. The notary Narciso Broutin records this part as Ximenes was busy outside the office. The investigation is to be continued and the witnesses are to be summoned before the Lieutenant governor, Nicolas Maria Vidal. Pedro Dervigny and Luis Liotau are appointed interpreters. The chief surgeon, Dr. Jose Montegut is to testify.

Copy (Spanish)

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1803 May 9

Ximenes, Carlos
New Orleans, (Louisiana)

The knife which inflicted the wound was turned over to Ximenes.

Copy (Spanish)

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1803 May 8

Belasco, Juan
New Orleans, (Louisiana)

Belasco took Dimas to the Royal Hospital.

Copy (Spanish)

Apr.(?) 9

Salcedo, (Manuel de)
New Orleans, (Louisiana)

The 'adjutant of the week, Jose Cruzat, is to process the case.

Copy (Spanish)

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1803 May 9

Broutin, Narciso
New Orleans, (Louisiana)

Broutin went to the Royal Hospital to take the testimony in the presence of Cruzat and Jose Maria de la Pena. Macdonan said he was a native of Mexico, single, a tile maker by trade; that a prisoner named Jose Rangel had wounded him in the abdomen about 7 in the evening; that no one witnessed the incident; that he was 37.

Copy (Spanish)

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1803 May 9

Broutin, Narciso
New Orleans, (Louisiana)

Notified that Juan Jose Maldonado died today, Broutin went to the Royal Hospital. Montegut and Dr. Domingo Fleytas, surgeon for the militia, testified that Maldonado, former assistant at the Royal Hospital and water carrier, died of a wound. Sergeants Miguel Yregayon and Eusevio Requeiras identified the corpse.

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1803 May 11

Ximenes, Carlos
New Orleans, (Louisiana)

Montegut appeared before Vidal and swore that the wounded man entered the hospital on May 8 and died the following day.

Copy (Spanish)

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1803 May 16

Ximenes, Carlos
New Orleans, (Louisiana)

Velasco of the Second Battalion of the Mexican regiment, appeared before Vidal and swore that the sergeant who took the wounded man to the hospital was Jose Vargas and the soldiers were Antonio Giron and Luis Leon. Velasco is 32.

Copy (Spanish)

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1803 May 16

Ximenes, Carlos
New Orleans, (Louisiana)

Vargas appeared before Vidal and gave his testimony. The knife was wrapped in paper when Velasco gave it to a soldier, Miguel Cisneros. Vargas is 38.

Copy (Spanish)

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1803 May 16

Ximenes, Carlos
New Orleans, (Louisiana)

Leon appeared and gave his testimony. He saw a wounded prisoner in the street and went to call a priest. Leon is 23.

Copy (Spanish)

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1803 May 16

Ximenes, Carlos
New Orleans, (Louisiana)

Cisneros appeared and gave his testimony. He is 32.

Copy (Spanish)

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1803 May 16

Ximenes, Carlos
New Orleans, (Louisiana)

Giron appeared and gave his testimony. He is 18.

Copy (Spanish)

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1803 May 20

Ximenes, Carlos
New Orleans, (Louisiana)

Jose Agustin Matamoros, a nurse at the Royal Hospital appeared. He had heard that Rangel was held in jail for having killed Dimas. Everyone at the hospital said he had killed him. Matamoros and his companion, Jose Cuebas changed Dimas' clothes and took care of the wound. They found no weapon on him. Dimas, when intoxicated, was very irritating; Rangel although he drank, was not. Matamoros heard that Rangel had the right of immunity. Dimas did not seem to be drunk when he arrived as he talked very clearly. Matamoros is 33.

Copy (Spanish)

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1803 May 20

Ximenes, Carlos
New Orleans, (Louisiana)

Cuebas, a prisoner employed as a nurse, appeared and gave his testimony. Cuebas is 28.

Copy (Spanish)

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1803 May 20

Ximenes, Carlos
New Orleans, (Louisiana)

Bartholome Peres, a prisoner assigned as a nurse at the Royal Hospital, gave his testimony.

Copy (Spanish)

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1803 May 23

Ximenes, Carlos
New Orleans, (Louisiana)

Cruzat appeared and testified that Rangel was in jail where Cruzat took him from the church at the Charity Hospital where he took refuge. Cruzat is 35.

Copy (Spanish)

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1803 May 23

Ximenes, Carlos
New Orleans, (Louisiana)

De la Pena appeared and testified. He is 30.

Copy (Spanish)

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1803 May 24

Ximenes, Carlos
New Orleans, (Louisiana)

Cruzat appeared and ratified the testimony recorded.

Copy (Spanish)

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1803 May 24

Ximenes, Carlos
New Orleans, (Louisiana)

Jose Mariano Hernandez, of the Second Battalion of Mexico, appeared and testified that he accompanied Cruzat, together with Jose Cortes when Rangel was taken to the jail. Rangel did not say one word on the way. Hernandez is 37.

Copy (Spanish)

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1803 May 24

Ximenes, Carlos
New Orleans, (Louisiana)

Cortes appeared and gave his testimony. He is 29.

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1803 Jun 4

Salcedo, Manuel de and Nicolas Maria Vidal
New Orleans, (Louisiana)

It seems that Rangel caused Maldonado's death and he has been provisionally put in the royal jail. They turned him over to the custody of the jailer to be held incommunicado. His confession is to be taken. On the same day Ximenes notified Blas Puche, the jailer, of this decree.

Copy (Spanish)

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1803 Jul. 8

Ximenes, Carlos
New Orleans, (Louisiana)

Rangel appeared before Vidal. He is 25, single, a native of New Spain, Catholic, and a prisoner serving as an assistant in the Royal Hospital. He is held because of a contingency with a companion with whom he was taking a walk. They entered a tavern and Dimas got a bottle of liquor and they both drank. Rangel said they should go to the Hospital as they were late and the patrol might pick them up. Dimas said he could defend himself as he had bought a knife which he showed Rangel. When Rangel bent down to get a stone to defend himself, Dimas jumped upon him, leaping into the air and fell face downward and saying that Rangel had killed him without Rangel even touching him. Rangel took refuge in the church at the Charity Hospital. Rangel did not remember the name of the tavern keeper. He does not know why Dimas said he killed him. Everything in his statement is false. Asked why he abandoned Dimas without finding out what happened to him Rangel said he thought Dimas had wounded himself when he fell and would blame it on him. Rangel had had no disagreement with Dimas. He knows what a great crime it is to kill another but he has not done so. Rangel showed his paper of immunity and asked the lieutenant governor to have copies made and the original returned.

Copy (Spanish)

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1803 Jul 8

Ximenes, Carlos
New Orleans, (Louisiana)

Ximenes certifies that Rangel's paper is like the following: "Father Antonio de (Sedella) Cedella, pastor of the cathedral, certifies that Rangel was taken from the Church of St. Charles at the Charity Hospital by the Lieutenant of the Louisiana Infantry. Cedella give this in the interest of the prisoner."

Copy (Spanish)

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1803 Jul 11

Salcedo, Manuel de and Nicolas Maria Vidal
New Orleans, (Louisiana)

Since Rangel took refuge in the church after he committed the crime of which he is accused, the Ecclesiastical judge is to be asked to declare whether or not he deserves immunity. Captain Antonio Argote of the Militia is appointed counsel for the defense. The proceedings are to be given over to him. Ximenes on July 30 notified Argote who accepted the assignment.

Copy (Spanish)

On August 16, 1803 Ximenes certified that this document of 39 sheets is a copy of the originals.

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(1803)

Argote, Ant(oni)o
(New Orleans, Louisiana)

to (Father Thomas Hassett
New Orleans, Louisiana)

Argote states that in view of the testimony Rangel is not only a murderer but also has committed the crime with treachery and that the judicial confession of the sick man, made in danger of death, is a circumstance essential to its belief. So the prisoner does not merit the immunity from which he is taken. Argote asks for Hassett's opinion as to the justice of this.

A.L.S. (Spanish)

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1803 Sep. 2

Hassett, father (Thomas)
New Orleans, (Louisiana)

Hassett names Father Sebastian Gili as district attorney. Broutin acts as secretary and adds that Gili accepts the assignment.

Copy (Spanish)

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1803 Sep. 9

Gili, Father Sebastian
New Orleans, (Louisiana)

to Father (Thomas Hassett
New Orleans, Louisiana)

Gili, chaplain of the Second Battalion of the Mexican Infantry, has examined the testimony and it seems to him that there is no confession nor conviction. There is no worthy indication or witness who condemned him except the statement of the wounded man. So nothing could be proved unless it is known if it was done with malice aforethought or some other factor that would constitute an exception. Without sufficient proof Rangel should not lose immunity according to Article 5 of the royal order of March 15, 1797.

A.L.S. (Spanish)

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1803 Oct. 15

Hassett, Father (Thomas)
New Orleans, Louisiana

Hassett declares this official.

A.D.S. (Spanish)

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1803 Oct. 31

Hassett, Father Thomas
New Orleans, Louisiana

It seems that Rangel enjoys immunity as long as he has not confessed nor been proved guilty except by Macdonald's statement and since the one learned lawyer in the city is not able to be consulted in this case, these proceedings are to be turned over to Luis Idalgo Gato, a lawyer of Havana for consultation and in his default to Juan Ignacio Rendon, also a lawyer of Havana.

D.S. (Spanish)

V-4-b Copies, A.L.S., A.D.S., D.S. (Spanish) 87pp. folio
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