4 that the same is truth, on the oath that has been administered to him, from his professional knowledge, and he confirms and ratifies the same and in case of being required so to do that he would repeat it afresh; this his aforesaid depo. sition was then read over to him, and he declared it to be correctly written, that he cannot either add thereto or diminish, and he signed hereto together with his honor the said judge, which I certify, Y BARRARTE. JOSEF MARIA HERRERA. In the presence of me FRANCISCO DE CASTRO. Deposition of Don Juan Clurk.]—On the same day there personally appeared before his honor the judge of the first election, Don Juan Clark, who made oath in due form on God our Lord, and on the Sign of the Holy Cross, and thereon he promised to declare the truth in reply to all such questions as might be proposed to him, and accordingly on his being interrogated relative to the tenor of the memorial and report of the inspection, he deposed that although he did not see the dead body, he is of opinion by virtue of the declaration made by the surgeon Herrera as aforesaid, that the wound inflicted in the part as described was not mortal in its nature, as the same might have been cured had assistance been administered instantaneously to the wounded person, with the proper surgical remedies; he deposed that the aforesaid is all he knows and is the truth on the oath that has been administered to him; and he confirms and ratifies the same and in case of need will repeat it afresh; he further deposed that he is more than twenty-five years of age, and he signed hereto together with his honor the said judge, which I certify, YBARRARTE. JUAN CLARK. In the presence of me the notary FRANCISCO DE CASTRO. On the same day there personally appeared before his honor the said judge of the first election, Don Luiz Barraud and Don Antonio Paniza, the surgeons who attended and inspected the dead body in question, to whom his honor the said judge, in the presence of me the notary, administered an oath in due form on God our Lord, and on the Sign of the Holy Cross, and who thereon promised to declare the truth of all whatever they might know in reply to all such questions that might be proposed to them; and accordingly, on their being questioned with respect to the third item of the interrogatory, they deposed that they had no remark to make on the opinion given in by the two surgeons Don Josef Maria Herrera and Don Juan Clark, which said opinion had been perused by them, and that they do not object to the substance of the said opinion with respect to the wound inflicted on the deceased negro in question, for by reason of them the deponents not having opened the body, they had been only able to report from the external appearance of the wounded part, that the said wound had been the cause of the decease, and that they did not by any means report that the said wound in its nature was mortal; under these circumstances they ratify and confirm their former deposition without either adding thereto or diminishing. They then declared that the aforesaid is all they know, and that the same is all that they can depose in reply to the questions that have been put to them, and is the truth on the oath that has been administered to them, and they confirm and ratify the same and that if required so to do they will repeat it afresh; they deposed themselves to be more than twenty-five years of age, and they both of them signed hereto, together with his honor the said judge, which I certify, DON LUIS BARRAUD. Done in the presence of me, the notary. Information of his Honor the Treasurer.]-On the eighteenth day of the said month and year, I, the notary, went to the royal treasury, and being arrived thereat, I notified the aforegoing order or decree to his honor the treasurer, and I also duly made him acquainted with the other solicitation contained in the memorial, and on his being fully informed thereof, he deposed, that as he was going to mass in the morning of the fifteenth day of the month of August in the present year, being Ascension day, and on his passing by the gate of the royal hospital he observed that there was a great concourse of people, and that incited by his curiosity he joined himself with the rest to look at a negro that there lay dead, who was said to have been killed on the preceding night, and in the midst of the said concourse of people he heard it said that it was one of his the deponent's negroes that had committed the crime, in consequence whereof immediately after he had heard mass performed and having returned home, he recollected that of two negroes, his property, who lived from his house, it could only be one of them, by reason of the other being grievously ill or infirm; that from this motive he sought and enquired after Francisco, which was the one that was in health, and it was ascertained, that the said Francisco was on board the vessel on board whereof he served; that he sent to fetch him by means of the master of the revenue barge, it being the intention of his honor, the deponent, personally to deliver him up to justice, thereby to give a manifest proof that he would not connive at or conceal the excesses of his domestics, and for the purpose of ascertaining the truth of the fact; and accordingly the said negro Francisco came into the presence of him, this deponent, on his order being inti. mated to him by the said master of the revenue barge; that he, the deponent, took the said negro into one of the inner rooms of his house, and informed him of the cause of his having sent for him, which said crime the said negro Francisco flatly denied having committed; that after him, the deponent, had exhorted him a great variety of times, and reminded him of what he had heard said to incite him to tell the truth, he the said negro Francisco persisted strongly in denying it, and positively asserted that it was not him that had committed the said murder; and that in consequence of these, the said Francisco's answers, he, the deponent, told his said negro, that notwithstanding all he had said in denying it he meant to deliver him up to justice, to the intent that a regular and proper examination should take place, to which the said negro replied to him that he would render himself up with pleasure; that after this, he, the deponent, ordered his said negro to follow him, and he conducted him to the house of his excellency the governor through the street loose and at liberty, and that at eight o'clock in the morning, without the said negro ever having made the least attempt to run away, which he might easily have done if he had so chosen to do, he, the deponent, took him before his excellency the governor, at the same time acquainting his excellency of the motives for taking such steps; that in consequence thereof his excellency returned him thanks for his act of delivering up the said negro, but informed him that the cognizance of the cause did not belong to him, and directed him to conduct the negro to the house of his honor the judge of the first election, which he accordingly performed, the said negro walking alone and at liberty behind him, this deponent; and that on his delivering up the said negro to his honor the said judge, he was by him committed to prison until the truth should be ascertained; to all which the negro acceded without the least complaint walking free and at liberty to the prison with the man who conducted him; he further deposed that the aforesaid is all the information in his power to give in compliance with the order or decree, and relative to the other solicitation that have required this his deposition, and his honor the said treasurer signed hereto, which I certify, MANUEL SORZANO. CASTRO. On the same day, I notified the aforegoing order or decree to Don Antonio Ardila, which I, the notary, do hereby certify. CASTRO. Attestation of Don Antonio Ardila Notary Public.]-Don Antonio Ardila, notary public in this windward island of Trinidad, &c. do hereby certify and attest, in the manner and form as in duty bound, and according to my ability; that among the papers and documents legally drawn and registered by me, from the time I have entered on the discharge and exercise of my employ, there is no accusation or process whatever against the negro Francisco, who is deposed to be the criminal in this process; neither are any such to be found among the records in my registry, that have been revised and searched by me, the notary, which 'said records were registered by my predecessors, of the said Francisco ever having hurt, ill-used, or wounded any person, nor for any other cause or motive : Given in pursuance of the aforegoing judicial order or decree, in this city of Port of Spain, on the eighteenth day of the month of November, in the year one thousand seven hundred and ninety. (L. S.) ANTONIO ARDILA. Notary Public. Attestation of Don Francisco de Castro Notary Public.]-Don Francisco de Castro, notary public and official notary to the government of this windward island of Trinidad, &c. do hereby certify and attest in manner and form, as in duty bound and according to my ability; that among the records and registers under my care no suit or process whatever is to be met with against the negro Francisco, the criminal herein before mentioned, for any cause whatever, and in pursance of the judicial order or decree I have given these presents in this city of Port of Spain, on the eighteenth day of the month of November, in the year one thousand seven hundred and ninety; in testimony of the truth whereof I have signed hereto. FRANCISCO DE CASTRO. Attestation of Don Josef Antonio Perez Notary Public.]-Don Josef Antonio Perez, notary public and official notary to the courts of law of this windward island of Trinidad, &c. do hereby certify and attest in manner and form, as in duty bound and according to my ability; that during the time that I have exercised the functions of my employ, in the offices held by me, I have never received or filed any accusation or process against the negro Francisco (against whom criminal proceedings are carrying on, and on whose behalf evidence is sought for), for any murder or homicide or ill-usage towards any person whatever, or for any other motive or cause; and in pursuance of the judicial order or decree aforegoing, I have given these presents in this city of Port of Spain, on the eighteenth day of the month of November, in the year one thousand seven hundred and ninety. (L. S.) JOSEF ANTONIO PEREZ, Notary Public and Official Notary to the Courts of Law. To his Honor the Ordinary Judge ; The Counsellor in defence of the negro Francisco, against whom criminal proceedings are officially carried on, for the purpose of ascertaining the facts and bringing to punishment the perpetrator of the homicide, committed on the body of another negro named Andres, in continuation of the evidence adduced on behalf of the defence in this cause, supplicates, that your honor will be pleased to order and issue directions, that Josef Antonio Naraujo and Juan Josef Vega, may be examined on oath relative to the particulars inserted in the first solicitation included in the aforegoing interrogatory, and that they may declare on the said solemnity of their oath, whether they personally know the negro Andres deceased, whether it is well-known to them or otherwise, that said Andres was of a quarrelsome disposition, and much more robust, and much more ferocious than Francisco; and whether it is not true or otherwise, that in the public works of the king, wherein said Andres usually worked, he was frequently giving provocation and offending the other workmen or labourers: Given in this city of Port of Spain, on the eighteenth day of the month of November, in the year one thousand seven hundred and ninety. Other Solicitation.-Should it be suitable likewise in support of the defence of the negro Francisco, that evidence and proof should be brought forward of his dexterity in sail-making, in which he is an excellent workman, and that with respect to this Port it is so circumstanced of being in great want of such good workmen for the service of the shipping : Your honor, therefore, will be pleased to issue orders, that all the witnesses before named in this memorial or solicitation, as well as those described in the former one may be cited, to depose relative to the contents or tenor of this latter solicitation, and that the said deposition may be annexed to the evidence ut supra. Licentiate GUILLEN. Order or Decrce.]-Granted in conformity to the first memorial, and also to the other solicitations. Y BARRARTE. Licentiate SAVINON. It was thus pronounced and decreed by his honor the judge of the first election, with the assent of his counsellor, who both of them signed hereto, in this city of Port of Spain, on the eighteenth day of the month of November in the year one thousand seven hundred and ninety; which I, the notary, do hereby certify. Done in the presence of me On the same day, I notified the aforegoing order or decree to the counsellor for the defence of the negro Francisco; having for the said purpose personally gone to his, the counsellor's, dwellinghouse; which I, the notary, do hereby certify. CASTRO. Deposition of Francisco Lopez.]—On the same day, month, and year, there personally appeared before his honor, the said judge of the first election, Francisco Lopez, a sailor, being a witness produced and brought forward on behalf of the defence of the negro Francisco; to whom, his honor the said judge, in the presence of me the notary, administered an oath in due form, on God our Lord, and on the Sign of the Holy Cross, who thereon promised to relate the truth of all whatever he might know, in reply to all such questions that might be put to him, and accordingly on his being questioned relative to the contents of the solicitation annexed to the memorial aforegoing, he deposed, that he well-knows the negro Francisco, who is a regular sail-maker, that he understands the said business well, and that capable persons in this line of business or good workmen therein are scarce in this Port: That this his aforesaid deposition is all he knows, and is the truth on the oath that has been administered to him; and he confirms and ratifies the same, and in case of need will repeat it afresh: He further deposed, that he was thirty years of age: this his said deposition was then read over to him, and he declared, that the same was strictly conformable to what he had deposed; that he cannot either add thereto or diminish, and he signed hereto together with his honor, the said judge, which I, the notary, do hereby certify. Y BARRARTE. FRANCISCO Lopez. In the presence of me FRANCISCO DE CASTRO. Deposition of Don Antonio Castillo.]— On the nineteenth day of the month of November, in the year one thousand seven hundred and ninety, there person. ally appeared before his honor, the judge of the first election, Don Antonio Castillo, master of the government barge or revenue row-boat, being a witness produced and brought forward on the behalf of the defence of the negro Francisco; to whom his honor the said judge, in the presence of me the notary, administered an oath in due form, on God our Lord, and on the sign of the Holy Cross; who thereon promised to relate the truth of all whatever he might know, in reply to all such questions that might be put to him, and accordingly on his being questioned relative to the tenor of the memorial, and respecting the items thereof, he deposed, that he knows for a certainty that the negro Francisco against whom these proceedings are carried on, is a most excellent workman in the sailmaking line, and that in this country persons of the like abilities are scarce : That this his aforesaid deposition is all he knows, and is the truth on the oath that has been administered to him ; and he confirms and ratifies the same, and in case of need will repeat it afresh; this his aforesaid deposition was then read over to him, and he declared that it was correctly written, it being strictly conformable to what he had deposed; that he cannot either add thereto or diminish; he further deposed that he was fifty years of age, and he did not sign hereto as he said that he could not write, his honor, the said judge, signed hereto, which I, the notary, do hereby certify. YBARRARTE. Done in the presence of mc, the FRANCISCO DE CASTRO. Deposition of Don Valantin Barranta.]—On the same day, and for the same purpose, there personally appeared before his honor the said judge of the first election,Don Valantin Baranta, captain of the Guarda Costa or coasting vessel, belonging to this Port, being a witness produced and brought forward on behalf of the negro Francisco; to whom his honor the said judge, in the presence of me, the notary, administered an oath in due form, on God our Lord and on the sign of the Holy Cross; who thereon promised to relate the truth of all whatever he might know in reply to all such questions that might be put to him; and accordingly on his being questioned relative to the tenor or contents of the solicitation annexed to the memorial aforegoing, he deposed, that whereas he, the deponent, is a mariner by profession, and captain of the Guarda Costa or coasting-vessel, belonging to this Port and island, that he has and possesses a good and sufficient knowledge of the furniture, sails, and other materials proper for shipping, for which reason he knows for a certainty, that the negro Francisco against whom these proceedings are carried on, is a most excellent sail-maker, for there having occurred an absolute necessity for repairing and amending the sails of his vessel, the said person, Francisco, was the chief sailmaker of whose services he availed himself, to repair the aforesaid sails; that this his aforesaid deposition is all that he knows, and is all that he can depose, in reply to the questions that have been proposed to him, and is the truth on the oath that has been administered to him; and he confirms and ratifies the same, and in case of need will repeat the same afresh; his said deposition was then read over to him, and he depos ed that it was correctly written; that he cannot either add thereto or diminish; and he further deposed, that he was more than twenty-five years of age; and he signed hereto, together with his honor the said judge, which I, the notary, do hereby certify. YBARRARTE. VALANTIN DE BAZANTA. Done in the presence of me FRANCISCO DE CASTRO. Deposition of Don Cayetano Llorente.] -In continuation, there personally ap 'peared in this court, before his honor the judge of the first election, Don Cayetano Llorente, captain of his majesty's frigate, the Nuestra Senora de las Nieves, being a witness produced and brought forward on behalf of the defence of the negro Francisco; to whom his honor the said judge, administered an oath in due form, who thereon promised to relate the truth, in reply to all such questions that might be put to him, and accordingly on his being interrogated relative to the tenor or substance of the solicitation annexed to the aforegoing memorial, he deposed, that by reason of its having been necessary and requisite to mend the sails of the frigate under his command, it became known to him that the negro Francisco, against whom these proceedings are carried on, is a sail-maker and is very expert in this business; and he further deposed, that sail-makers of any ability are very scarce and few in this Port, and he declared, that the aforesaid is all that he knows, and that the same is the truth on the oath that has been administered to him; and he confirms and ratifies the same, and in case of need will repeat it afresh; his said deposition was then read over to him, and he declared that it was correctly written, it being strictly conformable to what he had deposed, and that he was more than twenty-five years of age; and he signed hereto, together with his honor the said judge, which I, the notary, do hereby certify. YBARRARTE. CAYETANO LLORENTE. Done in the presence of me FRANCISCO DE CASTRO. Deposition of Josef Antonio Naraujo.] -On the same day, month, and year, and in addition to the aforesaid evidence, there personally appeared before his honor the said judge of the first election, Josef Antonio Naraujo, being a witness produced and brought forward on the behalf of the defence, to whom his honor the said judge, in the presence of me the notary, administered an oath in due form on God our Lord, and on the Sign of the Holy Cross; who thereon promised to relate the truth of all whatever he might know in reply to all such questions that might be put to him, and accordingly on his being interrogated respecting the tenor or contents of the solicitation annexed to the memorial hereinbefore inserted, he deposed to each of the items in manner as follows: To the first item he deposed, that he knows the negro Francisco, and has known him from six to eight years; and he thus replied to this question. To the second item he deposed, that he does not know, neither has he ever heard that the said negro Francisco ever has been prosecuted by justice on any other occasion for having wounded, hurt, or ill-used any person whatever, that his disposition is no way inclined to quarrels or disturbances, but on the contrary that his temper was peaceable, mild, docile, and reserved towards all descriptions of persons; and he thus replied to this ques tion. To the third item he deposed, that he never remarked or observed him to ever having been guilty of any depravity whatever in his conduct; and he thus replied to this question. To the fourth item he deposed, that he knows the negro woman Sally, a slave belonging to madam Jarvis; that the said Sally goes out to work by the day, that she is of ill fame, and leads a vile and abandoned life; and he thus replied to this question. To the sixth * item he deposed, that the same bad qualities distinguished Ysavel Urreste, otherwise Pata de Jamon or Pig's Foot, besides many others worse; as she has no place of abode, neither has she any clothes to cover her, nor any place whereat to sleep, other than the public street; he further deposed, that the negroes Ham and Scipio, likewise go out to work by the day, and are ragged negroes, who are continually getting drunk, and lead a bad life, and are by general repute infamous characters; and he thus replied to this question, and with respect to the solicitation to the first item thereof he deposed, that he knew the deceased negro Andres; and he thus replied to this question. To the second item he deposed, that the said deceased Andres was a turbulent man, much inclined to quarrels and disturbances, and that he was more robust and ferocious than Francisco; and he thus replied to this question. To the third item he deposed, that it is strictly true, that the said Andres and himself were employed in the king's works, and that said Andres was constantly insulting and provoking him, the deponent, and fighting or quarrelling with all the other labourers; and he thus replied to this question. And on his being interrogated respecting the other solicitation annexed to the memorial, he deposed, that Francisco was an excellent sail-maker; that he, the deponent, has seen him at work; that said Francis. co understands his business well, and is very expert therein furthermore; that persons in this line of business expert therein are very scarce; that this his aforesaid deposition is all that he knows and is the truth on the oath that has been administered to him, and he confirms and ratifes the same, and in case of need will repeat it afresh; his aforesaid deposition was then read over to him, and he deposed, that it was correctly written, that he cannot either add thereto or diminish, the same being strictly conformable to what he had deposed, and he declared himself to be more than twenty-five years of age; and he signed hereto, together with his honor the said judge, which I, the notary, do hereby certify. YBARRARTE. NARAUJO. Done in the presence of me FRANCISCO DE CASTRO. * Omission of the fifth in the original. |