Sunday, March 22, 2009

Territorio de Nuevo Mexico VS Nicolasa Cortes, Ref. Justice of the Peace Romqn Benavidez



The following are notes my grandfather, Roman Benavidez kept when he was a justice of the peace in the late territorial and early statehood period for precinct No. 12, which was in San Miguel County, Rowe, New Mexico. His papers are in the possession of my sister in Albuquerque. She copied the documents from the original and I am using what she transcribed. The translation from Spanish to English is mine.

The following paragraph (in red), and the following paragraph only, comes from the book titled, True Tales of the American Southwest, Pioneer Recollections of Frontier Adventure, written by Howard Bryan. "Any literate American citizen who was at least 21 years of age and who met certain residency requirements, was eligible for election to the judicial post. Each voting district was entitled to elect one justice of the peace, as well as one constable, for 2 year terms and the justices were limited to trying misdemeanor cases, minor criminal offences where the punishment did not exceed two hundred dollars. In felony cases, the justices could hold preliminary hearings, bind defendants over to a higher court, or dismiss the charges for lack of evidence. Justices of the peace were entitled to issue arrest warrants and subpoenas, summon six member juries, set bonds, assess fines, commit persons to jail, perform marriages and draw up a variety legal documents. They received no salaries, their compensation consisting of collecting and pocketing fees and court costs."

SPANISH

En este dia, 2 de Abril A.D. 1909 compareso ls Senora Juana de la Cruz y Martinez por medio de una declaricon jurada acusando en ella a Nicolasa Cortes del crimen de asalto y golpeo por palabras. Una orden de aresto fue puesto en manos del contestable Cristobal Padia asi mismo para los testigos y el oficial retornando presento ala acusada. Ambas partes conbinieron y entraron en un arreglo retirando el otrs (sp) la causa y pagando la acusada los costos de la corte., 

El oficial lo qual pongo me nombre oficial este dia 3 de Abril 1909.
Roman Benavidez
Jues de Paz 
Prto No. 12

ENGLISH

On this day, the 2nd of April, A.D. 1909 Mrs. Juana de La Cruz y Martinez appeared before me with a sworn declaration in which she is accusing Nicolasa Cortes of the crime of verbal assult and battery. An arrest order was placed in the hands of the constable Cristobal Padia, the same for the witnesses and the official returned and was presented to the accused. The parties involved agreed and entered in an arrangement retiring the cause and making payment for the court costs by the accused.

Officially I place my name this 3rd day of April, A.D. 1909
Roman Benavidez
Justice of the Peace
Precinct No. 12

1 comment:

Anonymous said...

I am Cynthia Louise Benavidez. My father is Horacio Fernando Benavidez and he is from Montezuma, NM. It is wonderful for me to had bumped into this blog. I am a student at IUSB, in Indiana. If you take requests, I would like to know of any evidence of the old Spanish language, Castillian, and that it still exists in Northern New Mexico and Southern Colorado, or by any of our family out there being of Spanish descent. (My linguistics professor told me that this is a myth and I would love to prove her wrong, for I have been told my family history from my father, and am proud of it.) Thank you primo....Sincerely, Cynthia Benavidez cyn.harville@hotmail.com