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Title: Page 0094 (Criminal proceedings against Pablo Lopez)
Text: ae Se sa anata sansa eee 94 ed that an harangue, which was merely a simple relation of what had been advanced by several deputies in the Congress,
Show moreae Se sa anata sansa eee 94 ed that an harangue, which was merely a simple relation of what had been advanced by several deputies in the Congress, respecting the admission of the Reverend Bishop, viz. that he was against the Constitution ; Lopez said so likewise, and, (being, as he himself said, both before and after his imprisonment, an idolizer of the Constitution,) added, that no one, not even the deputies themselves, could violate it, without acting in opposition to their commission and duty. The Congress will be surprised to hear that this was | the whole that instigated these proceedings against him, | if we except a circumstance which occurred with a Cap- tain of the Guard of the Post Office, who arrested him for supposed seditious speeches, in support of which there did not even exist the declaration of the Officer, which would have proved nothing had it been produced, seeing that the Government, on being made acquainted with the oceurrence, ordered him to be set at. liberty. But, how will their astonishment be increased on seeing these actions construed by the Fiscal into attempts against the Church and State; and these assertions (which are rather accusations requiring proof than de- clarations of witnesses,) into a full and sufficient cause for condemning him te death. Call to mind (says the Fiscal,) what took place on the morning of the 20th of January, 1814, in the Congress, Let not the occur- rence of that same afternoon, at La Pyerta del Sol, and in the Vibac, be forgotten. Let it also be observed, from whence that same night the musical party set out, whe- ther they directed their course, to whom they shouted, and who was foremost on the occasion; no one can doubt for a single moment of its being an actual riot, of which Pablo Lopez was the ringleader, The epoch of order and of justice (says he farther on arrived, and that of impunity ceased. The laws recor vering their authority, demand the condign punishment of delinquents, The laws of Partida and Ricopilacion condemn to the gallows those who commit such crimes. The fiscal then making the charges above related, with others that result from these proceedings, &c, �
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Title: Page 0093 (Criminal proceedings against Pablo Lopez)
Text: 93 of his accusers proves nothing, but his exalted respect for the Constitutional system. This the Committee can affirm, for not even a reprehensible
Show more93 of his accusers proves nothing, but his exalted respect for the Constitutional system. This the Committee can affirm, for not even a reprehensible excess appears from the result of the proceedings. The music which the witnesses define a tumult, was no more than a compli- ment paid to certain deputies ; no other words were heard, but the cheers given them, and the meeting dis- persed as peaceably as it was formed. The Count de Montezuma followed close with an armed band and al- guazils, who all declared to the same effect ; neither does it at all appear that Lopez was at the head of this procession, nor are there any other grounds for sup- posing it than what was advanced by one of the said witnesses, who deposed that he heard his voice shouting « The Constitution and the Liberal Deputies for ever !” with the vague assertion of some others, which was arbitrarily thought by the Judges sufficient, although it was not ever corroborated by the declaration of the mu- sicians, and was moreover incredible from Lopez's ex- treme poverty. The same occurs also with respect to the disturbances he is accused of exciting in the Galle- ries. The Constables deny it ; he himself denies it in his confession, and it is asserted by only one witness and that in a manner on which no legal dependance can be Li placed, as he merely states, that during the shouts of rie ‘ Off Off,” some one struck him a blow with the fist and = desired him to join in the shoutings, and that on turn- ing his head he saw the Cojo de Malaga standing the next, but two behind him. | The Committee omit as unnecessary every observa- tion tending to show the weakness of this assertion, which is, however, the strongest that exists in support of this accusation. Of a like nature is that deposed by another single witness, to prove that he stirred up the people with his discourses in the Coffee Houses and other public places, although the Landlords of La Fon- tana and El Norte deny having ever heard any such dis~ courses. The witness merely affirms it, without ad- vancing any proof; and one says that he heard him speaking in La Puerta del Sol, against the validity of the election of the Bishop of Pampeluna, ‘The witness term- = on : we a 7 an ~ : , rn ' i i cnr tat es ln oat ————— ' �
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Title: Page 0096 (Criminal proceedings against Pablo Lopez)
Text: ———— ee es Ce a ease - <a a . ee . — 7 5 oes 4 . r ieee . See ae 96 conduct, so far was he from taking as a bribe the paltry sum which they wished
Show more———— ee es Ce a ease - <a a . ee . — 7 5 oes 4 . r ieee . See ae 96 conduct, so far was he from taking as a bribe the paltry sum which they wished to suppose. He shouted “ The Constitution for Ever,” on the night of the music ; he did so because he thought it serviceable to his Country, and on the same account he repeated it, when a change of conduct and an impeachment of the other proscribed individuals would have set him at liberty and delivered him from the imminent danger in which he stood. The Court need not adduce further observations to make it appear from the very proceedings as it was intended, Lopez’s innocence and his meritorious constancy under such hard trials and his services in the defence of the independence of the nation are not less worthy of con- sideration. He offered to assist gratuitously in making the clothing for the Army, and his offer being accepted by the central Junta, he removed from Coin to Malaga for the purpose of executing it—enlisting into a volun- teer battalion of riflemen, who, were doing duty in that place. When Malaga was taken possession of by the enemy, he went on board a vessel to escape the danger in which his ardor for the defence of that Town had placed him. ‘Having been driven back by adverse winds, he was ob- liged to live in secret obscurity, during which time he removed his only son from the civil militia, which had been formed by the French, and sent him to serve in the National Army. He afterwards made his escape and settled in Gibraltar, maintaining himself by his trade, he gave 5500 flints to the troops who were stationed in the neighbourhood. A short time after, he gave up his esta- blishment to employ himself again in making clothing for the Army, under the command of General Don Fran- cisco Ballesteros, who attests his patriotism and zeal for the public cause. The national Consul in Gibraltar, Don Sebastian Gonzalez Lopez, Member and Secretary of the Territorial Committee of the Hoya de Malaga, and its court the Viscount de Zolina, General Don Carlos de Grand, and the Constitutional Alcade de Coin, ‘Don Lucas Munoz, all certify the services and commis- sions undertaken by him at that epoch, and all speak in the highest terms of his zeal and patriotism. In fact �
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Title: Page 0073 (Criminal proceedings against Pablo Lopez)
Text: 73 tered by the melancholy reflection, that it was the last I should ever drink. The news of my execution being spread over Ma- drid, a great number
Show more73 tered by the melancholy reflection, that it was the last I should ever drink. The news of my execution being spread over Ma- drid, a great number of people flocked to the chapel, aad I could perceive in them all, unequivocal marks of that pity which was inspired by my situation, and in many of them symptoms of the indignation which the injustice of my sentence excited ; but I never could fathom the motives which brought some, who, from the outside of the chapel, observed me with scrupulous con- cealment. I more than once, expressed a wish to submit to his Majesty, a statement of my loyal sentiments, asking for pen and paper ; but none of those in attendance, inclu- ding the clergymen, the keeper, and the Captain of the Guard, all of whom I repeatedly entreated to grant me that favour, made me the least reply ; maintaining on the contrary an affected silence. This mute denial, and the circumstance of the Count of Miranda not kaving come, notwithstanding my inces- santintreaties to that effect, persuaded me, that not even the consolation, of having my last words attended to would be granted me ; and knowing that the execution was to take place the next morning and finding it grow dark, I begged of the curate of St. Martin that he would receive my confession—lI shall never forget that act --That respectable and worthy minister of a God of peace, poured into my distressed heart, the wholesome aud delightful balm of religion; he confirmed me in my resignation ; he elevated my soul and rendered jt superior to all torments; the horrid image of the scaf- fold vanished from before my eyes, and I no longer saw but the triumph of innocence and virtue, the object of the divine reward, and of the respect and admiration of mankind. The storm which had so cruelly agitated and terrified me being happily abated, and having almost recovered my wonted serenity, my reflections calmly rested on the objects before me, when the Count of Miranda sud- denly entered the Chapel. He apoligised in kind and G r TT a a a — enna adamant = —_ ee od oe aa ey penne = reo nd i Hi ‘ 14, HAC} J if ; His an i THN x i on 49 �
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Title: Page 0054 (Criminal proceedings against Pablo Lopez)
Text: Poe ay Mimosa tgs saan ar opates Se aa = aE | te i a a Bais oie 1 iit a viii i Rid at Hie Hr ¥ Biel! a i We | ae 1 } Wf Atte fe : fs sea) Fn Bi / bled
Show morePoe ay Mimosa tgs saan ar opates Se aa = aE | te i a a Bais oie 1 iit a viii i Rid at Hie Hr ¥ Biel! a i We | ae 1 } Wf Atte fe : fs sea) Fn Bi / bled PIG Fey Bie . i i Bs iY 4 Bt ‘ } Sa a aaaneibadiddemdamenmmnddmaddcaandanemmmammmatan:ammadamemeeneemdiieaee mamititesammaanetameuet ee o4 boldness with which I delivered this forcible speech, struck the Commissioners with respect. Not one of them made the least reply, the countenances of some of he Judges changed colour more than once, and I even thought I saw them feel in anticipation, that shame and tconfusion which I had denounced. I was sent back to mv prison, accompanied in the Same manner as I left it, and remained in solitary con-. finement a fortnight, expecting every moment that I should be dragged forth to death; an agonizing situa- tion which no words can explain! In the mean time, some very extraordinary circum- stences had transpired, relative to my trial, which were quite out of my calculation. The Judges, not agreeing to the accusation, sentenced me for six years to the gal- leys at Ceuta; but, on their submitting their decision to His Majesty, as was usual in trials of this nature, those individuals who had determined on my ruin, took his royal mind by surprise, persuading him that the Com- missioners had acted with excessive lenity ; that existing sircumstances called for an exemplary punishment, which should suppress bold and turbulent spirits ; and hat in my case, political and legal reasons most happily greed ; since being a great criminal, and at the same ime a helplesss and insignificant individual, my execu- ion would serve as an example, without that inconve- dence which would arise with persons powerful in rank ndconnexions. In short, they said and did so much, hat His Majesty disapproved of the sentence of the sommissioners, and ordered it to be returned to them, ‘ith the following decree “ Let these proceedings be xamined again and conscientiously.” The Commissioners thought their delicacy offended y this decree, and having taken a further view of the roceedings, six of them found no reason to alter their yrmer sentence, but Judge Vasquez Varela gave a dif- ‘rent vote, stating, that well might the punishment of ie gallows in conscience be awarded to me, and he in ict condemned me to it, grounding his sentence (he uid) on the laws, though acting against the impulse of is compassion, and being, moreover, fearful of offend- SE AEE Re = Sete SSR Asap tg Po ny ey ac NE so Rnd eh - �
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Title: Page 0039 (Criminal proceedings against Pablo Lopez)
Text: [eo ee = ne ag ‘King and Country, who had suffered expatriation, | he birder to escape the punishment prepared for him a French, aid who had performed
Show more[eo ee = ne ag ‘King and Country, who had suffered expatriation, | he birder to escape the punishment prepared for him a French, aid who had performed other notorious services for the same cause; then I was one of the greatest enemies his Majesty had. He interrupted me by say- ing, * you seem to have forgotten these, your former praiseworthy principles, and to have become as strenu~ ous a defender of those constitutional articles which tend to depress the King’s Sovereign authority"—" I have not (I replied) supported the articles you allude to, more than I have the rest ; _I witnessed the discus- sion of the whole of them, and felt convinced that they in HO wise depressed his Majesty's authority, on the contrary, I thought they were conducive to his splen- dour and glory. My affection wished to blend | the riaitié of Monarch with the more tender one of Father, ginee We had 4s much Tight to expeet; that his Majesty should look upon tis a8 Children ; but after all, this can- not bea particular éount against me, since 1am charged venérally with having supported the Constitutional sys- tem in all its parts’; a crime which the whole Nation was cuilty of, when it adinitted and joyfully swore alleviaiice td, those laws, without even the slightést remonstrance,”’ He then put aiothér quéstion to tié oa which’ he grounded a charge ; asking me why I liad deviated from those religious principles in which I had been educated ? I replied that the accusation was vague, and equally void of truth; but, as he insisted that there wére several a of my apostacy, I said, that although I considered him to be an incompetent Judge of this matter; yet I would thank him to point out the dopniag which I had attackéd, and thé arguments I had made use of in 80 do- ing. He then (putting on his spectaclés) read, in an undertone and very awkwardly, a few lines of the wri- tings he had before him, and thefi asked me whether I believed all that was contained in thé Crééd or symbol of the faith? On my réplying iti the affirmative, he ih- quired the reason I did hot attend Mags oni the Holy- day, and why I did ndt Wear a rosary; and count ftiy beads at night? To which I answered; that there was no conhexion betivéed the symbol of the Faith, réspéct- et ene so SS, Be eraser ia teh Ai ici et tai EA att AR AEN Se ae 5 oo cee oe ‘ �
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Title: Page 0040 (Criminal proceedings against Pablo Lopez)
Text: Cn eee 40 ing which he had interrogated me, and his last question, the former was a duty commanded by our Religion, the latter nothing more than a
Show moreCn eee 40 ing which he had interrogated me, and his last question, the former was a duty commanded by our Religion, the latter nothing more than a pious practice ; but that, even had I forborne to attend Mass without a sufficient cause, and. had never told my beads in my life, the most that could be brought against me was a Jukewarmness in my devotions, but by no means.an abandonment of the Re- ligion I professed. He was enraged at these observa- tions, which he, with too much levity, declared to be he- retical. I pitied his ignorance, and confined myself to observing that I hoped I should find more indulgence in Divines, notwithstanding their intolerance, and that I _ should not, therefure, alter a tittle of what I had said. He then asked, from what motives or by whom I had been commissioned to parade the streets at night with a band of music, or rather a riotous crowd, by which many alarming and notoriously seditious cries were uttered, evidently showing a decided intention of breaking the public peace, and depressing the rights of his Majestr, I evinced signs of astonishment on hearing this extraor- dinary accusation, a band of music, or a serenade, being but an ordinary event ; but, feeling confident that some ‘ snare was put to entrap me, I stopped a little to run over in my memory past events, in order to divine, if possible, the concealed object of so captious. an interro- gation; the wilful Judge interpreted my silence as a proof of my inward conviction, and, in this erroneous be- lief, he raised his voice, and advised me to submit to the testimony of my conscience ; and that it was in vain that I endeavoured to deny that which my countenance, em- barrassment, and confusion, but too fully proved. This untimely exhortation disclosed the intentions of my evil- minded Judge, and I very calmly replied, that I wished him more success at my trial than he had obtained in guessing the feelings of my mind, from the inspection of my physiognomy. My suspense, I told him, arose from the necessity I was under of exerting myself, in order to bring to my mind, as a particular occurrence, so com- mon an event as a nightly serenade, in a country where the mildness of the evenings, and particularly during the summer months, invited every body to seek amusement, % ee Za �
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Title: Page 0041 (Criminal proceedings against Pablo Lopez)
Text: 4] if tot ease, in Such a pleasing occupation; and, theréfore, begged that his Wotship would be pleased to point out, narticulatly, the epoch of the
Show more4] if tot ease, in Such a pleasing occupation; and, theréfore, begged that his Wotship would be pleased to point out, narticulatly, the epoch of the serenade to which he al- uded; though I assured him, that under such circum- tances as he had mentioned it, none had ever met my fotice: He then told mé, he referred to the night of the 90th January, 1814, and that the disorderly conduct just fiaimed waé fally proved. (It ought to be noticed, that on the said day the King was still in captivity in France, and the Constitutional system in existence in Spaitic) ‘ Well then, Sir,” said I, “I must confess that I was one of those who attended that serenade, which, by its pomp, and the quality of the individuals accompanying it, must dispel all idéas of my having béen the leader of it, which Was also improbable, consideritg my notorious want of ftieans, aud my rank in life. Besides, Sir, the object 6f the said entertainment, was to shew our kind feelings to several deputies, for their support of the people’s rights; and which Deputies were the same who afterwards were the authors of the decree of the 2d February, which so powerfully contributed to hurl Napoleon from the sum- mit of his power, and place our King on the throne of his forefathers. Your worship cannot, therefore, suppose, that theré aré so few grateful men iu Spain, or so many wilfully blind to merit, that it was necessary for me to @ @ % ‘ Pcnaa and conduct such a just exhibition of feeling. am well aware (continued I) that it ts intended to find a crime in the most guiltless of all actions ; not, perhaps, on my account, but, amongst other considerations, to in- jure individuals who are obstacles to the wicked plots of ill-designing men, In that musical entertainment there was no tumult, no riot, no seditious cries, unless you call such, those of “Long live the King,” and “The Constitution and the Cortes for ever,” mixed with some acclamations to the founders and strenuous defenders of the former. The magistrates even followed and mixed with that peaceable crowd, which dispersed quietly and insensibly, as it commonly happens with parties of that kind. I joined in the acclamations, without any impulse beyond that of my own feelings, obeying the dictates of gratitude, patriotism, and the love of my country’s laws. �
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Title: Page 0043 (Criminal proceedings against Pablo Lopez)
Text: 43 towards their King, a decided love of justice, and a ve- hement wish for the country’s happiness and glory, form- ing their chief topic ; that |
Show more43 towards their King, a decided love of justice, and a ve- hement wish for the country’s happiness and glory, form- ing their chief topic ; that | never bh eard them speak of plots of any kind, but of consolidating the constitutional system, and of those reforms which were required in the several branches of public administration, spoiled and decayed by time, prejudice, and such disorders as were inevitably attendant, on the extraordinary and bloody conflict in which we were engaged ; therefore I thought that nothing but the basest envy, and blackest calumny, could dare to attempt to cast a stain on the reputation of virtuous men, who could be guilty of no crime, but of that most galling to mean souls, incapable of enduring even the pleasant weight of gratitude ; I mean, their su- perior merit. their exalted wisdom, and their eminent virtue. : He then proceeded to bring forward another charge against me which heinsisted on, I could not deny, viz., that I was a bribe agent, paid even to extravagance, by the Deputies of the Jacobin or Anarchical party, for the pur pose of leading a mob of desperate and venal men, to applaud their factious speeches, and to interrupt and put down, with noisy clamour and terrible threats, those Joyal Deputies who defended His Majesty’s rights, and the ancient and respectable laws of the kingdom against innovation; and that we had, by such damnable means, rendered null, that very freedom of opinion, which had been so ostentatiously proclaimed, so far, that an unbri- dled licentiousness, was already observed in the former party, and a violent restraint in the latter ; and that this was a fact so well proved, that my whole renown rested on no other grounds ; he moreover affirmed, that I was respected as a leader of the Galleriantes,* and as such I had been expressly permitted to enter the Galleries, with a stick in my hand, notwithstanding the strict prohibi- tidn which existed, that even compelled a Captain Gene- ral in the army, to leave his cane at the door; that it was notorious also, that I made speeches in public places, in the capital, where I was listened to by simple and heedless persons, thus artfully sowing amongst the * People who attended the Gallery of the Cortes, �
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Title: Page 0050 (Criminal proceedings against Pablo Lopez)
Text: Ne fetta lcm ncaa cmt L ieat cetnemnaCeaidaeeeenmaa NS EE - ; ge 30 minations affecting ‘other .prisoners. had ‘taken place publicly, mine was to be.
Show moreNe fetta lcm ncaa cmt L ieat cetnemnaCeaidaeeeenmaa NS EE - ; ge 30 minations affecting ‘other .prisoners. had ‘taken place publicly, mine was to be. private ; either in considera- tion of the favour granted me, of permitting me to ap- pear personally ; or from some sinister intentions. My Judges were six in number, viz. ; Sobrado, Valdenebro, and Vasques, Varda, the new Alcaldes de Corte, pur- posely brought from Galicia (where they had distin- guished themselves in the persecution of the patriots), to form the Madrid Committee ; their colleagues Gar- cia de la Torre, and my examiner Soler, who was ad- ded to the former for a few days only, and General Arteaga, the President.of that extraordinarv Tribunal, During the report of the proceedings which lasted more than 3 hours, | was kept standing. The reporter read them in such a manner, that neither I nor (according to my belief), my Judges could understand them, for the reporters in Spain have such a particular volubility of tongue, and know so well how to swallow words and even periods, substituting that which suits their purpose better, and to modulate their voice, raising or depres- sing it as occasion may require, and using such appro- priate cadences that the issue of a trial depends more en them, than on the Judges themselves In short, they are organs that sound according to the quantity of gold that is given them ; and.as I wanted the means of fil- ling their pockets with that precious metal, I plainly perceived that the throat of my reporter was only clear, to relate things to my charge ; but whenever any fa- vourable circumstance occurred, either a sudden cough - or some other accident choaked his utterance, so. that the evidence given in my favour by several respectable individuals, Corporations and whole Towns, was, passed over with the rapidity of lightning ; but when he. got to the end of the indictment, or ex-officio-information, we could all distinctly hear in high, full, and sonorous tones, that the punishment of the gallows was demand- ed against me, as a mischievous promoter of sedition, an agent paid by the disorganizing party, and an eneny to his Majesty’s Sovereignty and Royal Rights. Some of my readers will perhaps inquire what had been proved against me, to call forth so grave an accu- �
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Title: Page 0051 (Criminal proceedings against Pablo Lopez)
Text: S-e fo aS E ae — ae ae FPS EB ke & . =~ ae Sr ae eee ee ee eS es De RR a 2 —_= = ee 5} sation——none will make that inquiry who has any know- ledge
Show moreS-e fo aS E ae — ae ae FPS EB ke & . =~ ae Sr ae eee ee ee eS es De RR a 2 —_= = ee 5} sation——none will make that inquiry who has any know- ledge of the manner in which these causes were carried on in Spain, it being a well known fact that nothing was ever proved in them against the accused, but what the Judges in their absurd charges, and the Fiscal m his sanguinary accusations thought proper to suppose. But. I consider it my duty to satisfy those who have no idea of the singularity of those extraordinary proceedings. All | know respecting my process is what I heard from the report made on the day of my trial, and the infor- mation which was laid before the Cortes five years af~ terwards on the subject ; yet, it is certain that laying aside the gross ridiculous and vague calumnies, which some of the witnesses (selected for the purpose), heaped together in their declarations, some denouncing their assertions either on their presumption and belief, or in the malignity of their own minds ; and others referrimg: to mere hearsays ; the only two facts spoken of immy process were, my attending the~ musical party on the night of the 20th of January, and having been present in the Galleries of the Cortes on one of the days in. which some disturbance took place. Upon the first. point all the evidence was limited to the saying of a wit- ness, who stated, that he had seen and heard me on the nicht of the music shouting, * the Constitution and the liberal Deputies for ever,” With regard to the second point, the only proof adduced was, the deposition of a single witness, who said, that upon the cry of Off! Off! being raised in the Galleries of the Cortes, he saw me amongst others behind him on turning himself round, in consequence of having received a blow, and being desired to join in the cry ; but, he did not even men-~ tion that it was I who did it, or that he had heard me shouting. I refer my reader to the report (hereafter annexed), which was laid before the Cortes by the Committee of Rewards, in the sitting of the 12th of November, 1820, which authentic document will render further explanation unnecessary, like a light which shines with an increased vigour just at the moment it is about to be extinguished, and addressing myself to him in reply, said,“ What can I say to you Sir? What can yon St ea t t / e4 tin % : ba tau + at $a) be ita iat & ; as M4 He. i Ps i at ef 5 ‘ IDB ¢ we cH | ie | 4 = E | om ’ iy in % H a a | ee t i is fk SRL + ar ® by 4 i. y g & £ £ come baa El h |e + ea i 3a & bege 6 Seat eh a ie : i ‘ Jy & ne ze gee s iat kau fee § a tae i ee i ALT ERT sty �
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Title: Page 0052 (Criminal proceedings against Pablo Lopez)
Text: 52 that unfortunate man ask, who is become the object of the most atrocious calumnies, and who has seen nothing from the commencement of these
Show more52 that unfortunate man ask, who is become the object of the most atrocious calumnies, and who has seen nothing from the commencement of these proceedings, but a decided intention to sacrifice hi? What can the man ask, who brought to a secret trial, in contradiction to the practices of the local Tribunals of the Country, and to the rules observed towards highwaymen and as- sassins, perceives amongst those who -have it in their power to decide his. fate, three individuals who seem to have been selected as the fittest persons to sacrifice him, who sent to.the scaffold. virtuous patriots, attached to their King, during the intrusive Government of Joseph Napoleon, under which they acted in their judicial ca- pacity ; who perhaps did the same with some of the partakers of their disloyalty, when from motives of | selfish calculation, they returned to the bosom of their | Country, who would likewise have shed the blood of __ the enemies of the Constitution, if that Constitution had not prevented them ; who afterwards on circumstances being changed, signalized themselves by their rigour against those who were attached to that Constitution, against those who, by dint of their exertions, have re- deemed their monarch from the captivity, in which, they did all they could that he might remain? What can the wretched man expect who has Jong been demanded as a victim, from such numerous and powerful enemies. The state I am reduced to Sir, closing the door against all hope, shuts it in like manner against fear, I can be- hold in such Judges not Magistrates, from whom I am to expect justice, but men predetermined to treat me as a delinquent although they may in their own hearts ac- knowledge my innocence. Perhaps this is my greatest offence, perhaps I have no other crime in the opinion of a certain class of persons than that of my being a silent witness, whose behaviour accuses their weakness and apostacy. In the honest and unshaken constancy of a poor mechanic, some of them behold the censure of their sordid versatility ; whilst others see in the well known facts which have been proved by the documents annexed to my process, that whilst I devoted my life, property, my comforts, nay, even my only son, inthe | �
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Title: Page 0049 (Criminal proceedings against Pablo Lopez)
Text: AW, ee —_— er _— - 49 me, and advise me to arm myself with patience and fortitude, and prepare to suffer the capital punishment of the gallows, which
Show moreAW, ee —_— er _— - 49 me, and advise me to arm myself with patience and fortitude, and prepare to suffer the capital punishment of the gallows, which would, undoubtedly, be awarded me. About this time (which was inthe autumn of 1815), the insurrection of the unhappy Porlier took place at Corunna, which gave rise to the ridiculous precaution- ary measure of shutting all state prisoners in solitary confinement, into which I was of course transported ; and during my stay in this seclusion [ was given to un- derstand, that in two days my ultimate trial would take lace, and sentence would be passed upon me. In vain did I protest my want of defence ; ih vain did I call for my Attorney and Advocate, who refused to see me, until compelled by an order from the Judges. The latter then went so far as to tell me that 1 teased him to no purpose, for (as he had long ago told me), 1 was past all remedy, and should certainly be hanged. After this consolatory compliment, he turned his back upon me, and left me. The Attorney at my request presented to the Judges a memorial in my behalf, praying that I might be allowed (since I had made no defence), to be present at the report of the proceedings and during my trial, which was granted me, though it had been refused to severa) illustrious fellow-prisoners. | ee ‘The day appointed for the decision at length arrived, and I was conducted with the most awful preparations, to the house of the Commander, General Don Jose Art- eaga, where my fate was to be decided. A considerable escort of Grenadiers with drawn sabres surrounded me, some of them with the points of their weapons extend- ed, so as to touch my breast. Thus accompanied I was introduced into the aforesaid house; and conducted to the guard-room, where I was obliged to await the arri- val of all the members of the Court, without the least diminution in the solemnitices, er the smallest change in the threatening position of the sabres. At last the whole of the members being assembled, I was Jed ‘into the Provisory Hall of Justice, between two ranks of soldiers who, sword in hand, were ranged on either side the stair case. I there ebserved, that though the exa- E �
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Title: Page 0047 (Criminal proceedings against Pablo Lopez)
Text: 47 worthy of it ; that he might display all the awful appa~ ratus of justice, prepare executioners, multiply tortures, and invent punishments, for
Show more47 worthy of it ; that he might display all the awful appa~ ratus of justice, prepare executioners, multiply tortures, and invent punishments, for none of them, could in the least terrify me, since a soul, strong in its innocence, Is appalled by nothing but by vice and, crime. oe Three days after, he again made his appearance, with a softened countenance ; but this affected mildness soon vanished, on entering upon our business. _ He repeated the charges made in our preceding interview, to which I gave similar replies, and, on coming to the last, I again expressed a desire that whatever I had said against the seducer, Garrido, should be inserted in the proceedings, and I, therefore, repeated the whole in more explicit terms. Neither entreaties nor threats could move me from this purpose; I wished, at all events, that the in- famy of my calumniators should remain on record, since they had carried their shameless effrontery so far, as to. accuse me of crimes, which the very clerk who was taking down my deposition had alone committed 5 the Judge was at last compelled to yield, and, under feelings of the utmost irritation, he directed Garrido to write all I had said against him. : | | : ~ From that moment, I was restored to the intercourse of my friends, and began to breathe somewhat freely. My extraordinary confinement and trial were the sub- jects of conversation, in all parties and circles, in the capital; many humane individuals sought to render my condition more tolerable, and, withont wounding my delicacy, ingeniously supplied my wants. All classes of persons called to order some trifling article of cloth- ing, and paid me five or six times the value of my work. I then discovered how inventive benevolence is 1n behalf of an unfortunate being, and how delightful it is to him. to be the object of such a feeling, when his own neces- sities and destitution of human assistance make him. view it as a blessing from Heaven. The.old presented me their purses, and offered me their consolations ; and even the fair sex, adorned with all the graces of bloom- ing youth, did not disdain to enter the abode of crime and sorrow, and to remain there with impatient curiosity inquiring about my situation, fears and hopes; I saw gE ———— on wirbaneiailsbeeahie sedece iar ctesie tensa aataceiaen ‘ Sa " . Lermintirec ache Nar Me si SS ES ie OSS Salt na gens clea Dea : Dae ee ae ee ene ete Pe st ohatRa TSR tity Ja sragersserbeep apocrine een = aici a i i mieneeee Hest Arana aici tie ag seh meateaieeehabninnnia dai ress near per eceeenioractedipirnineetcaiar sain dit ii PoE PRELAISE GE BAL TOES aS ; ashe i ~ Eee eae are Sh SO Seas stares a �
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Title: Page 0048 (Criminal proceedings against Pablo Lopez)
Text: their beautiful eyes filled with tears, on contemplating my poverty and unmerited sufferings. Tender and ge- nerous souls! let me be permitted to pay
Show moretheir beautiful eyes filled with tears, on contemplating my poverty and unmerited sufferings. Tender and ge- nerous souls! let me be permitted to pay you, with the liveliest emotion, the pleasing homage of my grateful. heart. You were able to reconcile me to human kind, already become an object of abhorrence toa mind galled with so many vexations, persecutions and ingratitude. You inspired me with fortitude in my successive tor- ments, convincing me that though there were amongst my fellow creatures wicked tyrants & executioners, fully entitled to my implacable hatred, there were not wanting some deserving my love, for their honesty, humanity and benevolence. Notwithstanding, my present situation was, under circuinstances, comparatively happy; yet, it was not wholly free from anxieties and trouble. I was ordered to appoint an attorney and advocate, as counsel for my defence; no one would undertake it. I never considered that my poverty was the base motive which influenced the advocates of Madrid in their refusal; but, that they looked on my cause as hopeless, knowing that a power- ful party had destined me to be the victim of their triumph, and that they would never pardon me, nor allow any effort to be made to snatch me from their power. I was, therefore, left to my fate, as one on whom any assistance would be thrown away ; in consequence of which the Judges, who were commissioned to superin- tend the state trials, named for me an attorney and an advocate; the latter, who was called Don Juan Cabello, being quite inexperienced, was expressly appointed to conduct my defence, it being his first essay. Aware of their appointment, I earnestly sought an in- terview with them, in order to make them acquainted with all the circumstances of my trial, and to arrange with them my means of defence ; but they turned a deaf ear to my solicitations, and if they did sometimes con- descend to call on me, in consequence of my repeated solicitations, it was only to tell me, that I might give up all hopes of being saved, my crimes being but too well proved, and in a manner that would admit of no palliation ; they could, therefore, do nothing but pity �
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Title: Page 0044 (Criminal proceedings against Pablo Lopez)
Text: 44 ddeile multitude, the seeds of anarchy, and teaching dis- respect to the law, insubordination to the magistrates, contempt of His Majesty’s
Show more44 ddeile multitude, the seeds of anarchy, and teaching dis- respect to the law, insubordination to the magistrates, contempt of His Majesty’s sovereignty, (which I had styled tvranny), and insult to the holy religion of our forefathers, and to its respectable ministers, all this pro- ducing the most pernicious effects on account of the na- tural power of my tones, and of the air of conviction which I gave fo my discourses ; and lastly, that it was known I had received three dollats a day, and (he iro- nically added) both himself and thé public did me the justice to think that I had well edtned them ; and on that head I need not be afraid, that the delicacy of my conscience would have to upbraid me. : To this tissue of calumnies I replied, that it was very true I constantly attended the Galleries during the sit- tings of the Cortes, and that I had myself, asked and obtained permission of the President to énter with my crutches, which served me as a leg, and without which I could not walk ; the prohibition, moreovet, did not extend to them, as it was only canes, or weapons, unne- cessarily used, that were objected to, and the usé of which is not allowed even in friendly parties of pleasuré among the better sort of people ; but, that permission however was not intended as a distinction in my favour, nor had it so dastardly a source as his Worship had de- signated it. I admitted also that I used to attend places of general resort, where the inhabitants of the Capital ised to meet to obtain intelligence of the signal victo- ries, which at that period were repeatedly and almost unremittingly gained by the allied British and Spanish forces, under the command of the fortunate and illustri- ous Duke of Wellington ; that I there spoke as did many other Spaniards, of the speeches and debates of the Cortes, in which I felt myself as deeply interested as my Countrymen, that I felt a pleasure in confessing, that I always formed humble vows for those patriotic Deputies, who, without wavering, sought their country’s welfare. That I held discoures contrary to the Consti- tution of the Spanish Monarchy, I denied, as the articles thereof, both separately and collectively, were the objects of my veneration ; and that my King and Religion were �
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Title: Page 0045 (Criminal proceedings against Pablo Lopez)
Text: 45 held so sacred by me that I never mentioned them, but in such terms, as they were spoken of in the fundamen- tal law of the state, even though I
Show more45 held so sacred by me that I never mentioned them, but in such terms, as they were spoken of in the fundamen- tal law of the state, even though I had no other motive than to obey that which it prescribed. I also added that it was not in my power to modify the tones of my voice, so as to render them less full and powerful than nature had made them ; nor could I forbear to feel warmly, and to manifest the same in my gesture and delivery, which could never be a crime ; that my attendance in the galleries of the Cortes, had caused me to notice that the trifling uproar, and the few cries that had now and then been heard in them, came only from individuals, known for their open opposition to free principles ; and that I had more than once contributed to restore order, actuated by the deep respect with which that sanctuary of laws inspired me ; I denied also having ever received the smallest sum, from any person whatever, to diffuse opinions which were too well impressed on my heart, to make an infamous traffie of them, since | owed my sus- tenance to my own manual labour, in the exercise of my trade as every body knew; I affirmed that the patriots neither gave nor received any fee for their opinions, leaving it to their own intrinsic worth and merit, to _ create proselytes ; and that those who gave bribes to ex- cite noise in the gallery and to promote disorderly con- duct, were people of another class, as two artillery men had given voluntary information to his Excellency Don Pedro Villa Campa, then Commander General of Ma- drid, that a Clergyman, commissioned by an Escribano called Garrido, (the same who attended the Judge in this very act) used to give them a peseta,* a loaf, and a glass of brandy every day, to go to the Galleries of the Cortes, there to create a tumult, and that amongst other things they were directed to shout “ the Constitutioa for ever,” that they might be thought favourable to the same, and that excesses coming from a different source might be attributed to the liberales ; that an equal bribe and commission had been given to many others; that the Clergyman being taken into custody plainly avowed the fact, and unhesitatingly named the aforesaid Garrido as * A silver coin, worth about tenpence, English money. �
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Title: Page 0046 (Criminal proceedings against Pablo Lopez)
Text: _ the distributor of the bribes. On hearing these words my Judge rose up ina furions manner, and his face dis- torted by passion, and his voice
Show more_ the distributor of the bribes. On hearing these words my Judge rose up ina furions manner, and his face dis- torted by passion, and his voice trembling with rage, told me I was a vile calumniator, and ought either to prove what I had asserted, or abide by the punishment which the laws awarded for similar offences. I replied, that I was so confident of what I had asserted, and could so easily prove it, that I was determined from that moment not to answer any of the counts, unless my replies were taken down in the written proceedings, ver- batim as I uttered them, and I had also ocular demon- stration of such being the case. This he firmly refused, and endeavoured either to inspire me with fear, of the consequences, or with mild remonstrances to persuade me, that my desire was useless as well as dangerous, till after a lapse of four hours, during which this singular scene lasted, finding I was not to be moved from my purpose, my Judge angry beyond measure, put an end to the business by saying, that my stubborn temerity put too many obstructions in the way of those who wished to save me, and, convinced that those who were any Ways interested in my fate, that I really deserved the worst; that they who thought I was possessed of doci- lity were grossly mistaken, since my words, actions and countenance, plainly showed my pride and rashness ; therefore, I ought to be prepared to experience the se- verity of justice, in the punishment of my enormous crimes ; and, to prove the effects of His Majesty’s in- dignation, since I had despised his proffered goodness and mercy. He then turned his back upon me in the most insulting manner ; when I, with aloud voice, firmly told him that he was too hasty in qualifying other peo- ple’s actions, particularly those which regarded my own character ; that my supposed pride was but the confi- dence which innocence inspires, and my obstinacy that well grounded and just resistance of not wishing to cast a Stain upon my reputation, by confessing crimes I was never guilty of; that I was exceedingly sorry I had in- curred His Majesty’s indignation, but that I thought it unworthy his noble heart to extend his favour to a man, who, by his baseness, would have rénderéd himself un- �
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Title: Page 0053 (Criminal proceedings against Pablo Lopez)
Text: a Me a a a 53 defence of my Country, and of that very King of whom I am called an enemy; they were infamously serving against his Majesty in the
Show morea Me a a a 53 defence of my Country, and of that very King of whom I am called an enemy; they were infamously serving against his Majesty in the employment of the Usurper, and calmly sending to the scaffold those loyal men, who under less obligations than themselves were fighting for a country which they had deserted. I will ask nothing Sir, not even to challenge those Judges, though I might well do so, nor has he any thing to ask, who from ihe commencement of his process has seen all legal forms trampled on in it, and all those laws devised for the protection of oppressed innocence, either passed over or forgotten. Where is the legal information that has been - given against me, or what are the legal grounds on which I have been proceeded against ? Where are the witnesses 2 Where the documents bearing evidence of the supposed crimes ef which the Fiscal accuses me ? Where is the law which condemns as crimes the acts I have been charged with? What are those strong testi- monies that justify my conduct, done with ? When have my pleas been listened to, or what means have I been allowed to propose them? Have I had sufficient time allotted me to produce evidence in my favour. Have I been allowed a view of the proceedings, as I had no one to defend my cause? Can the name of counsel be given to my advocate, who attends to my defence in the manner which the Court now sees, who never would listen to, except as it were by force, and then only to in- timate to me the necessity I was under of preparing for death on the gallows? Well Sir, if such isto be my fate I shall meet it with that courage which innocence alone supplies ; I shall end my life free from dishonour since I end it free from guilt, It is not my own crimi- nality, but the passions of wicked men, which have brought me to this pass; and may my blood so unjustly shed fall upon their heads, I will die a stedfast friend to my Country’s glory and independence, the peace of my grave shall not be disturbed, and I leave to my worth- less murderers the ignominy of their conduct, the de- testation of good men and the anguish of their own re- morse, if there should be yet remaining in their pitiless bosoms a small particle of honesty and humanity.” The ee Eee �
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Title: Page 0042 (Criminal proceedings against Pablo Lopez)
Text: Neen nnn cemmeasannniaatiammmmmmn al hatte eat eee aes 42 He then insisted that I should confess, what were the confidential secrets I had been
Show moreNeen nnn cemmeasannniaatiammmmmmn al hatte eat eee aes 42 He then insisted that I should confess, what were the confidential secrets I had been honored with, by several Hi members of the Cortes, (whom he named, and who were i; actually in confinement) since (he said) my frequent i visits to them, and the familiarity that existed between i us, had been already proved ; and without doubt, I was an instrument in those vile and abominable plots, they had forged against the King and Country ; which plots had been fortunately detected, as well as my share in them ; it would be therefore quite useless, (he continued) | that I should persist in my. denials and flimsy subter- en fuges, as by so doing, I should let slip an opportunity of tk saving my own life and character, by a timely informa- | tion, which would atone for my former errors, and pro- wif cure me the advantage of entitling myself to the Royal i favour ; nay, even to the rewards, which I should have a right to expect, for so signal a service, since the King, as well as his loyal servants, well knew, that false zeal, ignorance, and the deceitful brilliancy ofliberal opinions, rather than the depravity of my own heart, had influen- ced my conduct. I was displeased beyond measure at this insinuating offer, and with some warmth replied, that though a poor tradesman, and consequently desti- tute of those qualifications, which an accomplished edu- | cation afforded, yet I possessed sufficient elevation of wee mind, to resolve, not to purchase life, at the vile price of mee infamy, betraying the confidence of my friends, far more Ba valuable to me than the treasures of all monarchs : that ee now, happily, my inward feelings were in perfect unison nia with truth ; that the anxious love I had manifested for Bie the independence and liberty of my country, being pure, i disinterested, and free from every mean motive, had ae procured me the good will of some illustrious patriots, a who admired those qualities, and their unpretending and x frank manifestation ; and that, according to the know- ledge I possessed of the character, learning, and virtue of those individuals, I looked on them as men, who were truly a boast, and an ornament te their country ; that in their conversation I ever found something to learn, | since it breathed nothing contrary to the principles of 3 strict virtue and purified patriotism ; a fond affection �
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