Wednesday, February 6, 2013

Tomas Gallegos Vs. Pedro Gallegos, Part II

Then, Juan de Jesus Muñis, states and declares that here was a good house, good ranch and sheep, cows, oxen, good horses, two mares, three mules which belonged to Pedro Gallegos and his deceased wife, Margarita Garcia.  The known property was one heifer and one cow, another with long and flocks of different color; one yoke of oxen like no other in the province; a pinto, one dark colored one with a bell and one curly ox.  At the request of Tomas Gallego, I, Juan de Jesus Muñis, executed this affadavit.  Signed Marcial Torres, who signed for him.

I, state that it is true that don Pedro Gallego had a house, lands and sheep and it is evidenced that I gave Tomas Antonio Gallego for this purpose.  Ojo Caliente, June 19, 1822, signed Juan Christobal Chabes.

I, Julian Gallego, state that my brother, Pedro Gallegos had a house and cattle and in evidence thereof I executed this affidavit on June 19, 1922 for him.  Signed Julian Gallegos.

I, don Pedro Gallegos, add to this file of papers my evidence that may prove what he has stated, answering all charges.  Santa Fe, August 23, 1822, signed Francisco Trujillo.

In order to comply with the decree, I should declare that I can furnish no more concrete proof than that which I have already stated…and if I have not done this, they why should I want to take from my natural children that which they are legally entitled to, of which I am accused?  It does not seem likely, particularly to those who experience paternal love.

I say with all candor of an honest man that which I have expressed in my former answer is what I had when my wife died and the wearing apparel she left, I gave to my children who married first and when the rest were married, began giving them as dowry marriage expenses in horses, etc., what I considered sufficient to clear my conscience and I gave them in equal parts what they were entitled to.  The proof of this fact is that before don Pedro Pino, at the time he was Alcalde of the city, he also presented himself asking for the same thing that he now asks for, and at that time I had everything in my mind, I would settle their account is such manner; instead of my owning them, the said Pino ordered them to pay me the balance they owed me.  This cannot be denied by this nor my other son, Domingo, who was one of the petitioners, if either is questioned.

The affidavit only state that I owned what they had said, because they had seen them, but they do not say when, which was before my wife died.  With those cows and mules I purchased an Indian woman, I paid 400 pesos hard cash for her and she died on the same day that my wife did.  For their funeral, I was obliged to give part of the sheep I had.

…I find myself that it is impossible to stop from defending myself that I know to be just and in order to ease my conscience you may decide whatever you deem advisable.  Santa Fe, September 20, 1822, Pedro Gallego (mark)

In reply to the foregoing official letter, I can only tell you that it appeared that the children were indebted to him according to the charges he brought, after hearing the counter charges made by their father.  That is all I can tell you.  Santa Fe, November 19, 1822, Pedro Baptista Pino.

In view of what has been presented and the information that I have from both individuals, I find that don Pedro Gallego is not the debtor, and for that reason he has nothing to pay; filing this in the archives.  Francisco Trujillo.

References:  Spanish Archives of New Mexico, Series I, Twitchell 386.
©Henrietta M. Christmas

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