Matthew Gallagher of Port of Spain printer being called, was duly sworn, and examined as follows: Question by the Court.-Look at the exhibit A now shown to you; did you make any copies of it? Answer. Yes, five, which were signed by the clerk of the court; and on Saturday the 23rd day of November last, I caused them to be stuck up on the portico of Governmenthouse, on that of the Spanish church, on that of the Alcaldes in Ordinarys-court, and on the wharf; and published it in the Trinidad Courant of the 24th day of November last. MATTHEW GALLAGHER. James Meany government interpreter being called, was duly sworn, and examined as follows: Question by the Court.-Look at the exhibit marked A, now shown to you; did you make a faithful translation of the notice contained in it?-Answer. I did, and the names Diego Meany and Jacques Meany are of my hand-writing. JAMES MEANY. The said James Meany was afterwards appointed and sworn as interpreter of the court. Upon the motion of Mr. Attorney General it is ordered that Francisco De Castro government escrivano and keeper of the criminal processes do bring and produce in this court on Wednesday the 12th day of December instant the record of the proceedings had respecting the robbery of Pedro Ruiz, together with all processes and papers relating thereto : And it is further ordered that the said Francisco De Castro do cause a true copy to be made of the said proceedings processes and papers properly attested and authenticated. Adjourned by proclamation unto Wednesday the twelfth day of December instant. GEORGE KNOX, Clerk of the Court. At a Court holden pursuant to adjournjournment at the Council Chamber in Government-house, at Port of Spain in the island of Trinidad, on Wednesday the twelfth day of December, in the fortyfifth year &c. [as before.] Present His Excellency the Lieutenant Governor. Proclamation being duly made; in consequence of the necessary absence of Mr. Attorney General on official duty and the illness of Mr. Hayes and the clerk of the court, Adjourned by proclamation unto Wednesday the twenty-sixth day of December instant. WILLIAM HOLMES Acting Clerk of the Court. At a Court holden pursuant to adjournment at the Council Chamber in Government House, at Port of Spain in the Island of Trinidad, on Wednesday the twenty-sixth day of December, in the fortyfifth year &c. [as before.] Present His Excellency the Lieutenant Governor. Proclamation being duly made; in consequence of the necessary absence of Mr. Attorney General on official duty and the non-attendance of Mr. Hayes, Adjourned by proclamation unto Monday the seventh day of January next. GEORGE KNOX Clerk, of the Court. At a Court holden pursuant to adjournment at the Council Chamber in Government House, at Port of Spain in the Island of Trinidad, on Monday the seventh day of January, in the forty-fifth year &c. [as before.] Present His Excellency the Lieutenant Governor. Proclamation being duly made; in consequence of the absence of Mr. Attorney General, Adjourned by proclamation unto Tuesday the eighth day January instant. GEORGE KNOX, Clerk of the Court. At a Court holden pursuant to adjournment, at the Council Chamber in Government House, at Port of Spain in the island of Trinidad, on Tuesday the eighth day of January, in the forty-fifth year &c. [as before.] Present His Excellency the Lieutenant Governor Proclamation being duly made; in consequence of the indisposition of his Excellency, Adjourned the court by proclamation unto Saturday the twelfth day of January instant GEORGE KNOX, Clerk of the Court. At a Court holden pursuant to adjournment at the Council Chamber in Government House, at Port of Spain in the island of Trinidad, on Saturday the twelfth day of January, in the forty-fifth year &c. [as before] Present His Excellency the Lieutenant Governor. Proclamation being duly made; Francisco De Castro, government escrivano, and keeper of the criminal processes, brought and produced in court the exhibit, marked B* (hereunto annexed), and • See it infrà. was sworn according to the form of his religion in English, and afterwards in Spanish by means of the interpreter, Question to the witness by Mr. Attorney General. Is the exhibit, marked B, the original record of the proceedings had respecting the rubbery of Pedro Ruiz?— Answer. It is. The witness was then examined by Mr. Hayes on behalf of the prosecution. First Question.-Did you attend as escrivano on the prosecution of Carlos Gonzales at the suit of Ruiz?—Answer. Yes. Second Question.-Does the exhibit B contain the whole of the proceedings taken by you as the escrivano in that prosecution?-Answer. Yes. Third Question.—Did you attend Mr. Begorrat in his character as judge at any and at what times, when Luisa Calderon was put on the piquet?-Answer. Yes, the time will appear in the proceedings. Fourth Question.-Turn to the proceed. ings and state the particular days. [The witness then examined the proceedings, and often recurred to them during his following examination.]-Answer. First, on the twenty-third of December, one thousand eight hundred and one, and secondly, on the twenty-fourth of the same month; no other. Fifth Question.-Did Luisa Calderon, after she had been piqueted the first time, make any and what confession?— Answer. When she was on the piquet the first time, she confessed that Carlos Gonzales had stolen the money. Sixth Question.-Was Luisa Calderon placed on the piquet and examined as a witness, or as an accessary?— Answer. Not as a witness, but as an accessary. Seventh Question.-After her being piqueted a second time, did she make any and what confession?-Answer. She repeated what she had said the first time. Eighth Question.-No further ?—Ans. Yes, she invoked the Virgin Mary of Carmel several times, and said "senor Carlos Gonzales has the money the same as I told the judge yesterday." Ninth Question.-Can you state from your own memory, without recurring to the proceedings, the particular days on which Luisa Calderon was piqueted?— Answer. Yes. Tenth Question.-Were they the same days which you have already stated?— Answer. The same. Eleventh Question.-Did Luisa Calderon, on the first time of her being piqueted, appear to undergo a great deal of bodily pain, and did she or did she not faint previous to her being taken down? -Answer. I imagine she suffered, because I saw her cry; but I do not remem ber whether it was on the first or the second time of her being piqueted that she fainted. Twelfth Question.-Did she or did she not faint-Answer. She fainted once, but I do not recollect whether it was on the first time or the second time; it appears in the proceedings. Thirteenth Question.-What do you mean by saying you saw her cry?—åns. I meant to say that she was afflicted and suffered. Fourteenth Question.-In what way did she manifest her affliction? By tears or by loud cries?-Answer. By both; by tears and by loud cries. Fifteenth Question.-Was she, before or between the examinations, put in the stocks?-Answer. No; I do not remember. Sixteenth Question. During the whole time of her imprisonment, was she confined in irons? or at any time during her imprisonment?-Answer. I am not sure, but believe that during the latter period of her imprisonment, the grillo was taken off. Question by the Court.-What is the nature of the grillo you mention? describe it.-Answer. It was a bar of iron that passed through a post, and the ring of the iron was put round her leg. Seventeenth Question.-State as nearly as possible the exact length of time that she was on the piquet the second time? -Answer. I remember a little more than twenty minutes. Eighteenth Question.-Do you recollect a watch placed there by Mr. Begorrat for the purpose of ascertaining the time?Answer. Yes. Nineteenth Question.-Did Mr. Be gorrat address himself in threatening language to Luisa Calderon during the time she was on the piquet?-Answer, No. Twentieth Question.-Have you been educated, and have you practised as a Spanish escrivano?-Answer. Yes. Twenty-first Question.-Is it usual to assign to a person criminally prosecuted a defensor?-Answer. Agreeably to the quality of the person. Twenty-second Question.-Who are the persons entitled to a defensor?-Answer. The very ignorant, the very miserable by birth, and the very poor. Twenty-third Question.-While Luisa Calderon underwent the punishment of the piquet in the presence of Mr. Begorrat, had she any defensor assigned to her?-Answer. No. Twenty-fourth Question.-Was Luisa Calderon of the quality of persons entitled to a defensor in a criminal prosecution? -Answer. Yes. Twenty-fifth Question.-Did Don Far 239] 1 45 GEORGE III. Proceedings against Thomas Picton, Esq. fan, on being appointed to succeed Mr. Begorrat as the alcalde of the first election, assign any defensor to Luisa Calderon.-Answer. I believe not, but I refer to the proceedings. Twenty-sixth Question.-Will the proceedings show whether a defensor was appointed or not? Answer. Yes. Twenty-seventh Question.-Turn to the part of the proceedings which mentions the appointment. [The witness turned to the proceedings and pointed out folio 43 b, and folio 44 a, of the exhibit B, which he said contained an act by which Don Farfan orders Luisa Calderon to be notified to appoint a defensor, and which refers to a former act of Mr. Begorrat's, who had ordered the same.] Twenty-eighth Question.-Is a person under a criminal prosecution from the time of his being committed to prison entitled to a defensor?-Answer. It is not essential for a criminal to have a defensor appointed at the time of his imprisonment. If the judge be of opinion that the prisoner, either on account of poverty or minority, ought to have a defensor, then the judge ought to desire him to name one at the time of making his first declaration. Twenty-ninth Question.-At the time of Luisa Calderon's making her first declaration had she a defensor appointed? -Answer. No, Thirtieth Question.-Was she entitled to a defensor's being present during the time of her being on the piquet ?— Answer. He ought not to have been present, but he ought to have assisted at her being sworn. Thirty-first Question.-Was any defensor present at the time of the oath being administered to her?-Answer. No. Thirty-second Question.-Point out the [The witness pointed out folio 18 b of Thirty-third Question.-What stage of Thirty-fourth Question.-During the time of Luisa Calderon's being on the piquet, did Mr. Begorrat put any questions to her?-Answer. Yes. Thirty-fifth Question.—What were the questions so put?-Answer. They appear in the proceedings. Thirty-sixth Question.-Does an order for the torturing of Luisa Calderon form a part of the proceedings?-Answer. Yes. [210 Thirty-seventh Question.-Turn to it. [The witness pointed out folio 18 a of Thirty-eighth Question. -Are the words Thirty-ninth Question.-Do you know Fortieth Question.-Did Luisa Calde- Forty-first Question.-Was Mr. Bermudas one of those to whom she had spoken?-Answer. I do not know. Forty-second Question.—Do you know on what account those persons refused to defend Luisa Calderon?-Answer. No. The witness was then cross-examined by Mr. Attorney-General on the behalf of the Defendant. Question First.—Does the Exhibit B, delivered by you, contain the whole of the proceedings had respecting the robbery of Pedro Ruiz?-Answer. Yes. Question Second.-Are there any pro circumstances occurring, ceedings or which ought to have formed part of the Exhibit B, omitted?-Answer. Yes. Question Third.-State what they are? -Answer. The appointment of a defensor to the minor, and five days which ought to have elapsed from the day of giving the sentence to the day of inflicting the torment, were omitted. Question Fourth.-Did you notify to the judge these omissions and informalities previous to the Application of the Question to Luisa Calderon?-Answer. I remember to have spoken to him concerning the appointment of a defensor. This is proved by the judge reserving to himself the appointment of one afterwards. I did not mention the other omission. Question Fifth.-Was it not competent to the judge to put the question to Luisa Calderon, without having appointed her a defensor?—Answer. I believe not. Question Sixth-Upon what do you found such belief? on practice, or on the books of Spanish law?-Answer. On both. Question Seventh.-Were you ever graduated as an advocate?-Answer. No. Question Eighth.-Is it necessary to be a graduated advocate, in order to practise as a Spanish escrivano ?—Ans. No. Question Ninth. --Were there two extra judicial examinations of Luisa Calderon taken before the tribunal of Mr. Begorrat prior to her being piqueted?—Answer. Yes. Question Tenth.-Are they omitted?— Answer. Yes. Question Eleventh. Why are they omitted?-Answer. In the first place because Mr. Begorrat did not order me to insert them, and in the second place because I did not think it necessary to do so. Question Twelfth.-Did Mr. Begorrat order you not to insert them?-Answer. No. Question Thirteenth.-Was it not your duty as the escrivano to put every thing relating to the cause on the face of the proceedings?-Answer. No. Question Fourteenth.-Do you recollect the nature of the extrajudicial examinations before mentioned ?-Answer. Yes, I remember one. Question Fifteenth.-State it?-Ans. It was respecting the fornicating of Luisa Calderon with Carlos Gonzales. Question Sixteenth.-Are there any extrajudicial examinations of Carlos Gonzales omitted?-Answer. Yes. Question Seventeenth.-What are they, and why were they omitted?-Answer. I remember they were concerning the discovery of the robbery, and the fornication aforesaid; I do not know why they were omitted, I cannot charge the fault on the judge, or on myself; because both of us acted so as to bring the affair to as speedy a termination as possible, and to discover the truth. Question Eighteenth.-What are become of the papers relative to the proceedings omitted?—Answer. I do not know. Question Nineteenth-Are any declarations of witnesses taken by you, and the interpreter Bermudes omitted?Answer. I do not remember. Question Twentieth.-Did Luisa Calderon confess her living in a state of fornication with Carlos Gonzales?Answer. Yes. Question Twenty-first.-Did she not previously deny such fornication or intercourse? Answer. Yes. -Did not Question Twenty-second.Carlos Gonzales acknowledge his having a criminal intercourse with Luisa Calderon?-Answer. Yes; he acknowledged it in prison. Question Twenty third.-Had he not previously denied it?-Answer. Yes. Question Twenty-fourth.-Did not Luisa Calderon confess that she had introduced Carlos Gonzales into the house of Pedro Ruiz on the evening of the seventh day of December, one thousand eight hundred and one, between the hours of six VOL. XXX. and seven?-Answer. I remember she did so. R Question Twenty fifth.-Did you ap pear as the escrivano at the time of Luisa Calderon's being put on the piquet?Answer. Yes. Question Twenty-sixth.-Who besides were present?-Answer. Mr. Begorrat, the judge; John Baptisto Vallot, the gaoler; and two alquazils, whom I believe were Raphael Chando and Josef Flores. Question Twenty-seventh.-Was the defendant Thomas Picton present?—Ans. No. Question Twenty-eighth.-Did the defendant ever give you any orders respecting the torturing of Luisa Calderon?— Answer. None but the decree. Question Twenty-ninth.-Did the defendant interest himself any way on the subject?-Answer. Simply as he consi dered all the affairs of justice. Question Thirtieth.-Was the piquet on which Luisa Calderon was put, an iron spike or a sharp wooden one? Answer. A wooden one, not pointed. Question Thirty-first.-Was it round or square on the top, and what was the diameter of the top?-Answer. It was round without point, and about an inch in diameter on the top. Question Thirty-second.-Were her feet or her hands torn or made bloody by the said operation?-Answer. No. Question Thirty-third.-Was any surgeon or other medical man called for by her or others, or was their attendance made necessary by her being so put on the piquet ?-Answer. No. Question Thirty-fourth. - You have said that she fainted after either the first or the second time of her being put on the piquet; did such fainting appear to you to be real or affected?-Answer. By the way that she conducted herself during the whole of the proceedings, it may be that there was some affectation in her fainting; but I cannot say certainly. Question Thirty-fifth.-Did not Mr. Begorrat, the attending judge, on the appearance of her fainting, immediately order her to be taken down?-Ans. Yes; and gave her some wine and water with his own hands, and she immediately recovered. On account of the lateness of the hour, the Court then adjourned by proclama. tion unto Thursday the seventeenth day of January instant. GEORGE KNOX Clerk of the Court. At a Court holden pursuant to adjourn ment at the Council Chamber in Government House, at Port of Spain in the island of Trinidad, on Thursday the seventeenth day of January, in the forty-fifth year, &c. [as before. ] Present His Excellency the Lieutenant Governor. Proclamation being duly made; the Maria Calderon was then called by Mr. Attorney General having demanded The witness was then examined by Question First.-Are you the mother of Luisa Calderon?-Answer. Yes, I am her mother; I was delivered of her in this island, and bred her up. Question Second.-State the day and year of the birth of Luisa Calderon as correctly as you can.-Answer. I do not rightly remember when she was born, but what I can say is, that she was born in the month of August on St. Louis's day and she was ten years old when she was in prison. Question Third.-Was Luisa Calderon more than ten years old when she was in prison?-Answer. No, rather less than more. Question Fourth.-Is Luisa Calderon a christian? Answer. She is; she was christened in this island, and her god. father is still alive. Question Fifth.-State, as correctly as you can, what space of time intervened between her birth and her baptism ?— Answer. Eight days. Question Sixth.-Were you present at the time of Luisa Calderon's being ap. prehended and carried before the defendant Thomas Picton on a charge of being concerned in the robbery of Petro Ruiz-Answer. I was present when Pedro Ruiz carried Luisa Calderon to general Picton, and afterwards he came for me. Question Seventh.-State what passed in the presence of the defendant on the examination of Luisa Calderon.-Answer. The night that Pedro Ruiz carried Luisa Calderon before Senor Picton, I was standing down below the window of governor Picton's house, hearing the words that Luisa Calderon said, the governor being below in consequence of having just arrived from his walk. Question Eighth-Did Luisa afterwards go up stairs with you or was she examined in the hall below?-Answer. It was below that governor Picton examined my daughter. Question Ninth.-Did the governor appear extremely angry at the time and did he threaten Luisa? State as nearly as possible the words that the governor made use of at the time.-Answer. Yes; he appeared angry, and threatened Luisa. When my daughter was telling him that she was innocent, as every body knew, that every afternoon at six o'clock she used to go to her mother's, he threatened her, and told her that he would send her to the battery, and that he would draw the money from her. Question Tenth.-Did Luisa Calderon on this examination make any confession of being concerned in the robbery of Petro Ruiz?-Answer. No, she said she never knew any thing about it. Question Eleventh.-Was she sent to prison the night of her said examination, or when afterwards, and by whom?-Ans. The very night of her examination; I know, that from governor Picton's house she went to gaol, and I with her. Question Twelfth.-Was any other magistrate than governor Picton present?— Answer. No, nobody but him and the girl with whom he lived. Question Thirteenth.-Did you hear governor Picton give the order for Luisa Calderon to be sent to prison?—Answer. He called the sentry in and four soldiers of the guard. Question Fourleenth.-Was Luisa Calderon escorted by the said guard to the gaol?-Answer. Yes, and they delivered her to the gaoler. Question Fifteenth.-Were you in prison at the same time as your daughter?— Answer. Yes. Question Sixteenth.-Were you and your daughter confined in the same part of the prison?-Answer. Yes; we were. Question Seventeenth.-In what manner were you and your daughter confined ?— Answer. The first night we were at large about the gaol, but the second night Luisa was locked up under two keys, and I was carried up stairs. Question Eighteenth.- Did you see Luisa while locking up, or when locked up ?— Answer. Yes, I saw her when she was about to be locked up, but I did not see her after she was so. Question Nineteenth-Did you ever afterwards see the place in which your daughter had been locked up?-Answer. No, I saw the place where she was tortured but not that in which she was locked up. Question Twentieth.-Were you present at any time when Luisa Calderon was tortured?-Answer. No, I was not present; I was in a room below. Question Twenty-first.--Was the room below immediately under the place of torture?-Answer. Yes; immediately. |