Marcial Torres Division of Estate 1763 (4)

At the said place, on the tenth day of the month and year aforesaid, the said Alcalde Mayor, appeared Joaquin El Burro, Indian, native of the Pueblo of San Geronimo of the Taos, summoned by both parties, who I charged with the obligation of telling the truth, which if he failed to do, the result.  And understanding all well, he promised to tell the truth so far as he was questioned, and as he knows, being asked if he harvested the corn of Marcial Torres, deceased, he said: that Catalina de Vialpando, wife of Antonio Martin, and mother of the wife of said deceased, who was in Taos, as soon as Marcial Torres was dead, she requested him to harvest the corn of the field of the said Torres, and for that purpose she furnished an Indian slave-woman to assist him, and that he and his wife and the Indian woman gathered and shucked the corn, which he measured, and there were seventy costales, not big one like those of the Spaniards, but small ones like those of the Indians, most of it green, and that he stored the corn in a room of his house which belongs to the community, and that when Antonio Armijo, alcalde Mayor of Taos, hid some pelts which they wanted to burn, he broke down the partition in doing it, and when he took the pelts out again he left the place open, and that when he (affiant) was apprised of it, much of the corn had been taken out, but that he did not know who did it; and that afterwards, when the Comanches captured the community they broke open the partition at the same place and then more corn was taken and that of what was left, Antonio Martin, on two occasions, took away two mule-loads, and what was left is at his (affiant’s house) and that Antonio Martin told him that corn was for Valentin, and that he is ready to deliver it.  That the said Catalina gave him the pickets of the corral of the deceased, in gratitude, and that also she offered him an old cart, which he refused, and that said cart is now cast aside in the Pueblo. That what he has stated is true and all that he knows, under the obligation for the promise he has made.  He did not sign because he did not know how.

      

I, the said Alcalde Mayor signed it, acting as said judge, to which I certify.
Carlos Fernandes, (rubric) and wit/ Juan Domingo, (rubric) and Miguel de Beitia, (rubric)

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At the said place on the fourteenth day of the said month and year, before me, the said Alcalde Mayor, appeared Bentura Mestas, a witness on behalf of Valentin Martin, who was sworn by me in due form of law, under which oath he promised to tell the truth as to what he knew; and to the questions asked him, being asked what property Marcial Torres had when his first wife died, he said he did not remember in what year the first wife of Marcial Torres died, but that he does know that in the year of forty-seven he was a widower, and that in the year of forty-nine, which was the year that Marcial Torres came down from Abiquiu, he had more than twenty cattle, and that he knew of no other property.  Being asked if he knew what property said Torres had when he married the second time he said he did not.  And being asked if upon this subject he knew anything more, he said he did not, and that what he has already stated is true under the obligation of the oath he has made.  The statement being read to him, he ratified and affirmed it, saying that he was sixty-six years old.  He did not sign because he said he did not know how.

      

I signed with the witnesses, acting as said judge, to which I certify.

Carlos Fernandez,   (rubric), wit/ Juan Domingo Lovato, (rubric) and Miguel de Beitia,   (rubric)

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On the said day, month and year, before me said alcalde mayor, appeared Capt. Joseph Antonio Naranjo, as a witness in behalf of the same party, who was sworn by me, in the name of God and the Holy Cross, under which oath he promised to truthfully answer all questions asked him as to what he knows.  And the interrogations being of the tenor of the foregoing, he said that he did not know positively what property Marcial Torres had at the time his first wife died, but that soon after he became a widower, he knew him to have twenty-five cattle, two mules and six horses, and that he did not know whether or not he had any property at the time he married the second wife.  Being asked if he knew anything more relative to this case, he said that he also knew that when Marcial Torres was married the first time he was poor, very poor; and that he gave or sold to Francisco Muñiz a quilt, which his wife had made, for which he was given five or six horses, with which he made his start; and he did not know anything more; that what he has stated is true under the obligation of the oath he has taken.  He affirmed and ratified this, his statement, saying that he was forty-eight years of age.  He did not sign because he did not know how.

      

I the said Alcalde Mayor signed it, with the witnesses, acting as said judge, to which I certify.

Carolos Fernandez, (rubric), wit/ Juan Domingo Lovato, (rubric) and Miguel de Beitia, (rubric)

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On the said day, month and year, and at the said place, Miguel de Beytia appeared as a witness in behalf of Valentin Martin, and was sworn by me in the name of our Lord, God and the Holy Cross, under which obligation he promised to truthfully answer all questions put to him so far as he knew.  And being asked if he knew what property was owned by Marcial Torres, now deceased, and his first wife at the time of their marriage.  He said he did not know.  And being asked if he knew that property the said Torres had, at the time his first wife died, he said that when the said Torres lived at Abiquiu, after becoming a widower, he had a little bunch of cows and oxen and some horses, but that he did not know how many.  Being asked if he know what property said Torres had when he was married the second time, with Maria Martin, he said he did not know; and being asked if he knows anything more relative the case, he said he did not; and that what he has stated is true under the obligation of the oath he has made, which he affirmed and ratified, and said his age was thirty-three years; and he signed with me and the witnesses acting.

      

That these proceedings be referred to Valentin Martin, that he may enter plea and briefs.  I, said Alcalde Mayor have so provided and signed, acting with the witnesses, to which I certify.

Carlos Fernandez, (rubric), wit/ Juan Domingo Lovato, (rubric) and Miguel de Beitia, (rubric)

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In view of the foregoing decree of Señor don Carlos Fernandez, Alcalde Mayor, in which he orders, that on behalf of the minors the proceedings be referred to me, and that I, Valentin Martin, make answer or enter plea by brief, as attorney, (which I am not) of said minors, but as a party to the cause I say, as the law permits me.

Have I established my claim by the witnesses presented by me, or not?  If so, Your Honor, as Warden of minors, (padre de menores) and first justice (justicia mayor) of the place, and judge specified by the Governor, Señor don Francisco Marin de Valle, to assume the care and charge of the property of Marcial Torres, deceased, now in the guardianship of Antonio Martin, that said property be not dissipated, and to be sole trustee and guardian thereof until the rightful heirs (who were unknown to said Governor, don Francisco Marin del Valle) as it was incurred from the order that they were in a position to obtain it without process of law; Your Honor, as I have said, should in justice rule that Antonio Martin deliver the property he received belonging to said Marcial Torres.

      

It not being in conformity with Your Honor’s mandate; and because there was no dowry with the first nor second marriage, and the property, as Your Honor says, being gananicial, should belong to the children by the first marriage, inasmuch as the property was acquired by the deceased Torres and his first wife by their labor, as attested by the witnesses I have introduced.  It being notorious and well known that this property was possessed of by Marcial Torres, deceased, at the time of his second marriage.  Therefore segregation of the first wife’s share should be recognized, together with the increase or additions thereto.  And being recognized, such increase should be equally divided, segregating, as said before, the property owned by said deceased Marcial Torres at the time of his second marriage.

      

If the proof offered is not properly made, or is not sufficient in justice to grant me a hearing I pray of your Honor to be pleased to summon Juan Domingo Lovato, Salvador Torres and Pablo Vialpando.  The latter of these kept his cattle in the same corral with those of the deceased Torres, and he, as well as the others, knew the said property; and they will state the truth under oath.  Your Honor should also observe that the contradictions of the witnesses introduced by Antonio Martin are sufficient to nullify the proof offered by him.

      

One of them declares that the sorrel mule died on the porch of his house, and the other, at a former item, says that he took him up to Taos.

      

I, myself should say that the testimony of the first witnesses presented by me, nor that of those introduced later, is necessary to establish the existence of the said property of said Torres, deceased, as contended, and as appears from the inventory made by Your Honor, the oath of Antonio Martin, and by the delivery by Juan Domingo Lovato.  Of those, only that paid to don Matheo del Pino, and the two novenaries he paid for the repose of the soul of the deceased Torres, should be considered, as there is no reason why the charities of Antonio Martin should be sustained by the minors.  Surely no one told him to pay said novenary.

      

Therefore, Mr. Alcalde Mayor, all the property of the deceased, Marcial Torres, should be delivered to the minors, except, as before said, that which occurred during period of second marriage. This is justice should be inventoried and divided in equal parts; and only in that way will the heirs will be reconciled and I in their name, with that which I request in the petition preceding in these proceedings, knowing that what I ask is entirely just.  Also sensible to the lack of charity and the injustice of the partition which said Antonio Martin wanted to make with twenty-five pesos to the parties who will not consent thereto, nor will I, with this nor other proposition similar.

                                                            Valentin Martin, (rubric)

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File: Under the law it was my duty to order, and I have ordered, the examination of the witnesses cited relative to the points specified.

      

I so provided, ordered and signed, acting as said judge, to which I certify.

                      Carlos Fernandez, (rubric) and Francisco Sanchez, (rubric)

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At said place, on the third day of April, in the year Seventeen hundred and sixty-three, before said Alcalde Mayor, appeared as witness, Juan Domingo Lovato, who I swore, in the name of God and the Holy Cross, under which oath he promised to tell the truth so far as he knew, and was asked, which being if he know what property Marcial Torres possessed at the time he contracted his second marriage, he said that what he knew was that when Marcial Torres went up from Rio Arriba to Santa Barbara, shortly before his second marriage, he took along more than ten cattle, riding saddle and arms, but that he does not know positively how many.  Neither does he know of other property, nor that this is true and what he knows under the obligation of the oath he has made.  And being read to him, he affirmed and ratified it.  He said his age was twenty-seven years.  And he signed with me and the witnesses, acting as said judge, to which I certify.
Carlos Fernandez, (rubric), wit/ Juan Domingo Lovato, (rubric) and Francisco Sanches, (rubric)

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At said place, said day, month and year, Salvador Torres appeared as a witness, whom I swore according to law, under which obligation he promised to truthfully state all he knew and should be asked, which being in the tenor of the foregoing witness, he said that when Marcial Torres came down from Abiquiu, then a widower, he brought more than twenty cattle, four horses and one mule, but that he did not know what property he had at the time of his second marriage; and what he (the affiant) delivered to Marcial Torres five cows with calves, with the brand of Mestas, the “dude” a resident of Rio Abajo in lieu of an equal number that had remained as strays belonging to said Marcial, his brother, and he (affiant) had found and disposed of them and that this is true and all he knew, under the obligation of the oath he has made.

      

This his declaration being read to him he affirmed and ratified it, anything that his age was forty-six years.  He did not sign as he did not know how.

I, the said Alcalde Mayor signed it with the witnesses, acting as said judge, to which I certify.

Carlos Fernandez, (rubric), wit/ Francisco Sanchez, (rubric)  and Juan Domingo Lovato, (rubric)

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At the said place, on the eleventh day of April, in the year seventeen hundred and sixty-three, before me said Alcalde Mayor, as a witness, Pablo Francisco Vialpando, who made oath before me in the name of Our Lord, God and the Holy Cross, under which obligation he promised to tell the truth as to that he knows and should be asked.  Being asked if he enclosed in his corral the cattle of the deceased, Marcial Torres, at the time he married the second wife, he said that at the time of the marriage, which occurred at Santa Barbara, he, the affiant, was at Taos, but that immediately after the said Marcial went to live at the Taos they had their corrals together, and that he knew that he took thereafter being married thirteen or fourteen cattle of all ages, a mule and three or four horses and that this is the truth and what he knows, under the obligation of the oath he has made.

      

This statement being read to him he affirmed and ratified it, saying that he was fifty-three years old.  And he signed it with me and the witnesses, acting as said judge.

Pablo Francisco de Villalpando, (rubric), wit/ Carlos Fernandez, (rubric) and Francisco Sanches, (rubric)

Referred to Antonio Martin that he may answer and plead by brief.  I so provided, ordered and signed, acting as said judge.  To which I certify.

Carlos Fernandez, wit/ Francisco Sanchez, (rubric) and Joseph Martin, (rubric)

References:  Spanish Archives of New Mexico, Series I, Twitchell 987, Reel 5, Frames 725-824

  ©Henrietta M. Christmas