I provide and command that Valentin Martin be
served with this that he may answer and plead according to law. Witness my signature, acting as commissioner,
and with attesting witnesses, I certify.
Carlos Fernandez and wit/ Miguel de Beitia (rubric) and Juan Doming Lovato (rubric)
~
Señor Alcalde Mayor, don Carlos Fernandez:
In obedience to Your Honor’s order that I
answer to the above writ, I say: that although it is true that said Antonio
Martin called me to receive the property of Marcial Torres, belonging to the
minor heirs, I was satisfied with twenty-five pesos, which he wanted to deliver
for said property; and as to what he says, that he called me to receive the
half of the corn; I say he never has spoken to me on that subject; and even had
he done so, I would never have been satisfied with five costales of corn, that
said Antonio Martin left deposited, for neither the former nor the latter
correspond to the property of the deceased, Marcial Torres. I simply expect of Your Honor, that he be
held correspondingly, responsible for said property, as I request in the
petition, which I have already presented to Your Honor, as commissioned by said
heirs.
Relative to the answer to my said charges
against Antonio Martin, Your Honor should charge me to make proper answer; as
you should also deliver to me the enclosure mentioned in the answer of Antonio
Martin, and thereby require of me to make answer, inasmuch as I am ignorant of
what the said “enclosure” may be.
Valentin
Martin (rubric)
I, Antonio Martin, trustee and guardian of
the property of the minor children of the deceased, Marcial Torres, appear
before your Honor, in the most agreeable manner and say in answer to the
foregoing, that since last year I requested Valentin Martin to receive the part
of the estate allotted to him by final decree as shown in the proceedings; and
up to the present time he has refused and he has made various charges against
me, to which I have been able to answer because the settlement by competent
jurisdiction, and thirdly, by order of don
Tomas, who answered me what I had to do, and that it was not time yet. All passed before witnesses who were: Leiba,
Crespin and Francisco Casados; and relative to the charges made by the said
Valentin in his complaint; I acknowledge as true what is said relative to the
thirty-two cattle, that is, with the cow that afterwards appeared, and the ox,
save the heifer which was said to have been delivered. She never appeared, or was she received. As to the horses, his statement lacks truth,
for I received only six. Juan Domingo
Lobato does not prove in his declaration that there were seven, his being the one
presented by said Valentin. As to the
corn, I say it is trued but the Taos Indian delivered seven costales of corn,
of fair quality, and three more of inferior grade of tithing, and I acknowledge
having received twelve and one half fanegas.
Of the balance that was left, I cannot
answer, other than that it is in charge of the Indian; but with the
intelligence of what has been done, I will say what the two times I went to his
house for corn, I took two mules on each occasion, that I fetched out, and what
is left of the twelve fanegas I refer to, I delivered to Reverend Father Fra.
Andres Garcia, which is that which was found to be left; and when charge with
it, the said Indian gave as excuse that he had found a hole where a Comanche
had entered and that he was killed there, and after this encounter the soldiers
took what was left and being in his care, without responsibility nothing could
be said to his relative to the increase.
I should that I will never deny, as I also declare that I was ordered by
Señor don Francisco Antonio Marin to replace with them those lost as certified
to the Alcalde, don Carlos and that I
shall deliver the principal at any time, the cart, old and no account, (bien
mala) I gave to the Indian of storage of corn.
To the property which the deceased had, I
present as witnesses, Juan Angel Billalpando, Juan Fresques and Diego Gallegos.
This is what I have to answer under the
obligation (religion) of the oath made.
The fifteenth day of October, in the year seventeen hundred and
sixty-two. Antonio Martin (rubric)
~
Señor Alcalde Mayor:
Leonarda Torres and Petrona Torres, daughters
of Marcial Torres and Maria Lujan, deceased, residents of the place call Santa
Barbara, we appear before Your Honor in due form of law and as consistent with
our rights here involved, and state: That having recognized, after the invasion
of the enemy, the Comanches, the property belonging to our father, Marcial
Torres, which has been collected by Antonio Martin, it is attested by a paper
of Juan Domingo Lovato, that he delivered thirty-two cattle, and seven horses
and one mule. In another of Joaquin El
Burro in which he declares that he, his people, and an Indian woman of Antonio
Martin, harvested twelve cart-loads of corn, which after being shucked measured
out seventy costales of good corn, and thirty of inferior quality, this by
order and command of Antonio Martin, who delivered as his tithe, seven
costales; and we being the legal heirs of our father (peace to his ashes) it
appears that in justice Your Honor should cause to be delivered to us the said
property taking into your charge as guardian of minors and sole refuge of
unprotected orphans, the increase of the breeding stock, which you can cause
the said Antonio Martin to definitely account for, and in due legal form order
them delivered to us, as also a cow and an ox, that were afterwards found and
taken charge of by said Antonio Martin, who being required to make delivery of
said property, has endeavored to satisfy us with the least part, denying the
receipt of said property, whose delivery to him is clearly evident. It being also true that said Marcial Torres,
our father, had this and other property, as may be shown by the statements
which Señor Bentura Mestas, Antonio Mestas and Joseph Antonio Naranjo will make
to Your Honor, as also those of Juan Domingo Lovato and Joaquin El Burro, who
are ready to state the truth before Your Honor, or else here, at such time and
place as Your Honor may deem fit and proper.
He also appropriated a cart, which is now in possession of Joaquin El
Burro who says that Antonio Martin gave it to him, and because the said Antonio
Martin does not deliver to us in full, the aforesaid property we refuse to be
satisfied otherwise, or with other arrangement.
Therefore we ask and beseech that Your Honor order and provide as we
have requested, wherein we will receive favor, which justly we ask.
We swear that this, our petition, in due form
of law, is made in good faith as necessary, etc. etc.
Leonarda
Torres (rubric)
Petrona
Torres (rubric)
~
At this place called Soledad, of Rio Arriba,
on the eleventh day of the month of October, in the year seventeen hundred and
sixty two, before me, don Carlos
Fernandes, Alcalde Mayor of this jurisdiction was presented the foregoing
petition by Valentin Martin, and although it should have been represented as
his own, inasmuch as he is the person represented in the foregoing proceedings,
and the one not satisfied with the division made, and introducing it as a new
article; notwithstanding this I admitted it insofar as related to its legal
form, and agreeable to the prayer aforesaid I should have ordered, and did
order, that a copy hereof be furnished Antonio Martin, that he may answer and
plead, as the father of the late wife of Marcial Torres, who is now a captive,
and as guardian of his grandchildren, that which may be just and proper.
I so ordered and provided, and signed as such
judge, to which I certify.
Carlos Fernandes, (rubric), wit/ Miguel de
Beitia, (rubric) and Juan Domingo Lovato, (rubric)
~
Señor Alcalde Mayor:
I, Antonio Martin, say that I answer to the
petition presented by Valentin, in the name of Leonarda and Petrona Torres, and
I have nothing more to say. Mister
Alcalde Mayor, it is due me from Your Honor that you cite the witnesses that I
offer, who are Juan Fresques, Diego Gallegos and Juan Angel Pando (Vialpando)
and in all that may be required, etc. etc.
Antonio
Martin, (rubric)
~
At this place called Nuestra Senora de la
Soledad del Rio Arriba, on the eighteenth day of October, in the year seventeen
hundred and sixty-two, I, the said Alcalde Mayor, having examined the answer
given by Antonio Martin, decreed that the witnesses cited by the parties be
examined before me, that in view of that may be deduced from their
declarations proper action may be taken.
I so provided and signed, acting as said
judge, to which I certify.
Carlos Fernandes, (rubric), wit/ Juan Doming
Lovato, (rubric) and Miguel de
Beitia, (rubric)
~
At this said place, said day, month and year,
I said Alcalde Mayor, in virtue of the foregoing by me ordered.
Juan Fresques, a resident of Embudo,
appearing as a witness in behalf of Antonio Martin, was sworn by me in due form
of law under which oath he promised to tell the truth in that which he knows
and may be asked, and it being if he knows what property Marcial Torres, deceased,
had at the time of the death of the first wife of Marcial Torres; he said he
did not know. And being asked if he
knows what property said Torres had when he married the second time with Maria Martin.
He said that he knows that when Marcial Torres moved from Rio Arriba to Santa
Barbara, he took along with him two cows with calves and three dry cows, one
yoke of oxen, one mule and two horses; and that he also knows that seven or
eight months afterwards, he married Maria Martin, at Santa Barbara, and that he
heard Marcial himself say, the day of the wedding, but before the ceremony was
performed, that he had disposed of four cows, one for a serge dress pattern,
one for a shirt, another for the officiating minister, for his fee, and another
he killed for the feast.
Being asked if he knew anything else in
connection with the case, he said; that after the aforementioned Marcial had
moved to Taos he said to this affiant, “God has been pleased to turn things, my
friend; I have now purchased seven cattle, two from Diego Gallegos, two of Juan
Miribal, two of Talache and one of Joseph Delgado, at which purchase the
affiant was present, it being made with a black horse, which he (Torres) had
bought from the Comanches for a bridle; and he said that he knew no more than
that already stated, which is true under the oath he had made.
This statement was then read to him, which he
ratified and affirmed, stating that he was fifty-one years of age. He did not sign because he could not write.
I, the said Alcalde Mayor signed with the
witnesses, acting as said judge, to which I certify.
Carlos Fernandez, (rubric), wit/ Francisco
Sanches, (rubric) and Juan Domingo Lovato, (rubric)
~
At the aforesaid place, on the second day of
the month of November in the year seventeen hundred and sixty-two, before me,
the said alcalde mayor, came as a witness in behalf of said trustee, Antonio
Martin, Juan Angel del Vialpando, who was duly sworn by me in the name of God our
Lord and the Holy Crown, under which oath he promised to truthfully answer all
questions asked him in so far as he knew, and being asked if he knew what
property Marcial Torres, now deceased, possessed at the time of his second
marriage, with Maria Martin, now a captive, he said that what he knew was, that
soon after Marcial Torres married Maria Martin, he went from Santa Barbara to
Embudo to live, and what he took with him were five grown cows and three
heifers, and three oxen; of these he killed one. Of the heifers he sold one. As to the horse stock he only knew of one
sorrel mule, which died on the porch of affiant’s house, and that he knew of no
other property belonging to deceased. That what he has stated he knows to be
true and he (affiant) herded and milked the cows, and that the statement he has
made is true, and of his own knowledge, under the oath he has made.
And this his statement being read to him, he
ratified and affirmed it, stating his age as thirty years. He did not sign because he could not write.
I, said Alcalde Mayor, signed it, acting as
said judge, to which I certify.
Carlos
Fernandez, (rubric), wit/ Juan Domingo Lovato, (rubric) and Miguel de Beita, (rubric)
~
Señor Antonio Martin,
Uncle and very dear Sir;
I shall be happy if upon the receipt of these
my affectionate lines you will be found enjoying health, in company of my Aunt,
and the rest of the family.
Dear Sir: I saw Petrona relative to the
decision of don Carlos, as to the
division of the property, and she says that she is not satisfied with that
division, the best I have been able to do with her. She says the only way she will be satisfied
is that all the property be accounted for that was left, and equal division be
made thereof, one part for your grandchildren, and the other part for her and
her brothers and sisters, and she says she agrees to this, simple to obviate
controversy. And if you admit to this
arrangement, and if you wish to keep the mule you may do so, at its just value,
and if you will admit to a division of the profits from the corn, and all else
there may have been, in equal parts.
Therefore I shall esteem an answer as to
whether you will admit or not, before taking further steps, that there be no
resentment for having requested that which belongs to me and to my brothers and
sisters.
Because you know that we were captured while
working at the side of my father and stepmother and that you cannot deprive us
of our right to the property, and no more.
May God grant you many years.
Your
obedient servant,
Balentin Martin
~
Said place on the sixth day of the month of
November, of the current year, before me the said Alcalde Mayor, appeared Diego
Gallegos, as the witness in behalf of Antonio Martin, who being sworn by me, in
due form of law, under which oath he promised to truthfully answer all
questions put to him, so far as he knew, Being asked if he knew what property
Marcial Torres possessed at the time of the death of his first wife, he
answered: that he did not know, being asked if he knew what he possessed when
he married Maria Martin, who is now a captive, he said that he knew that when
Marcial Torres went to live at Taos, he only took five cattle and two
oxen, one mule and one mare, and that he know of no other stock, being as they
were, great friends. And being asked
what time passed between his second marriage and his removal to Taos, he said
he did not remember, but that it was not very long. And being asked if he knew about the portion
of corn that was harvested at Taos after the death of said of corn that was
harvested at Taos after the death of said deceased, he said that when the
Comanches were killed in the community in a room of the Pueblo, and belonging
thereto there was a dead Commanche on top of the corn, which was said to belong
to Torres, and that to the affiant there appeared to be a small quantity of
corn, and of inferior quality. Being
asked if he knew anything more about the case, he said that he knew that after
Torres lived at Taos he bought many cows and horses, some of which were bought
from Affiant; that he know no more that already stated, under oath, which is
true.
This statement being read to him he ratified
it and affirmed it, stating that he was thirty-four years old. He did not sign because he could not
write. I, said Alcalde Mayor signed it,
with the witnesses, acting as such judge, to which I certify.
Carlos Fernandez, (rubric), wit/ Juan Domingo
Lovato, (rubric) and Miguel de Beitia, (rubric)
'to be continued.
References:
Spanish Archives of New Mexico, Series I, Twitchell 987, Reel 5, Frames
725-824
©Henrietta M. Christmas
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