Norfolk City Virginia USGenWeb Archives Court.....Garcia, Philip Manuel And Jose Demas Garcia Castillano June 1821
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Donna Bluemink http://www.genrecords.net/emailregistry/vols/00034.html#0008395 March 18, 2022, 6:09 pm

Source: Sargeant Memorial Room Norfolk Public Library Archives
Written: June 1821

NORFOLK PUBLIC LIBRARY ARCHIVES

Transcribed for Sargeant Memorial Room
by patron Donna Bluemink

Title Page.

AN
ACCOUNT
OF THE APPREHENSION, TRIAL, CONVICTION
AND CONDEMNATION OF

MANUEL PHILIP GARCIA AND
JOSE DEMAS GARCIA CASTILLANO

Who were executed on Friday the 1st of June, 1821, in the rear
of the town of Portsmouth, in Virginia, for a most
horrid murder and butchery, committed on

PETER LAGOARDETTE,
in the Borough of Norfolk on the 20th of March Preceding.
Together with an
APPENDIX.
Containing their confessions, &c.
Norfolk,
Published by C. Hall,
and sold by most of the Booksellers in the United States,
June, 1821.

[Page numbers appear in brackets in bold print.]

[ii] DISTRICT OF VIRGINIA, to wit:

BE IT REMEMBERED, That on the second day of June, in the forty-fifth year of the 
Independence of the United States of America, William G. Lyford, of the said 
District, hath deposited in this office the title of a book, the right whereof 
he claims as proprietor, in the words following, to wit:

"An Account of the Apprehension, Trial, Conviction, and Condemnation, of Manuel 
Philip Garcia, and Jose Demas Garcia Castillano, who were executed on Friday, 
the 1st of June, 1821, in the rear of the town of Portsmouth, in Virginia, for a 
most horrid murder and butchery, committed on Peter Lagoardette, in the Borough 
of Norfolk, on the 20th of March preceding–Together with an Appendix, containing 
their Confessions, &c."

In conformity to the Act of the Congress of the United States, entitled, "An Act 
for the encouragement of learning, by securing the copies of Maps, Charts, and 
Books, to the authors and proprietors of such copies, during the times therein 
mentioned.

RD. JEFFRIES,
Clerk of the District of Virginia.

______

[iii] TO THE PUBLIC.

As it was conceived that considerable interest would be excited at the result of 
the trials of MANUEL PHILIP GARCIA, and JOSE DEMAS GARCIA CASTILLANO, for the 
murder of PETER LAGOARDETTE, I came to the conclusion, soon after they were 
remanded to take their trial before the Superior Court, to possess myself of all 
the circumstances connected with that horrid affair, and to publish them in a 
pamphlet form: and to enable me to be as accurate as possible in my narration, I 
was permitted by the gentlemen having charge of all the papers in any way 
appertaining to those men, to examine and compile from them such portions as 
might appear relevant to my purpose. I have endeavored to do so; but yet I may 
have failed in some inconsiderable instances— for errors are too apt to creep 
in, through the hurry in getting such a work to the press. The two men being 
foreigners, (Spaniards) and not acquainted with our languages (one of them at 
least, and the other but very imperfectly,) their communications were all made 
in Spanish, badly spelt, and not easily legible—it consequently required time to 
have them translated with accuracy.

I am indebted to the columns of the "Norfolk and Portsmouth Herald," for the 
considerable assistance which it has afforded me as the trials of the prisoners 
progressed. I am indebted to Mr. JAMES HENRY for his repeated visits to the 
prisoners, to procure for me their confessions, and for the verbal information 
which he has obtained from them, he being capable of conversing with them freely 
in their own language: and I am particularly indebted to the officers having 
charge of the prisoners, for their politeness in affording me at all times the 
information which they possessed, as well as their other acts of politeness, 
when a request was made of them.

[iv]

I have hereunto annexed some certificates, the object of which is visible upon 
the face of them. I do not apprehend that any other publication will be made, 
purporting to be a Confession of Garcia and Castillano, but I have thought it 
not amiss to guard against one.

I am the Public's most obedient servant,
W. G. LYFORD.

Norfolk, June 2d, 1821.


The following is an extract of the translation of a Note attached to a 
document,* which was handed to Mr. Henry by Garcia, as he was preparing to 
ascend the scaffold–it is dated May 30th, 1821, two days before his execution:

"I declare, that any other paper which may be published as mine, except one 
dated the 10th inst.† is false. The only Declaration of mine, and of my ‡ 
writing, is this, and that of the 10th instant, which is in the hands of Mr. 
Henry.

(Signed,) MANUEL PHILIP GARCIA."


The following certificate was written on the 28th May:–"I hereby certify, that 
all the papers which have been written by me for publication, (since my 
confinement,) are in the hands of Mr. Henry.

(Signed,) JOSE DEMAS GARCIA CASTILLANO."

"This is to certify, that I have put into the hands of Mr. WM. G. LYFORD, all 
the papers and documents of every description that I have ever received from 
Manuel Philip Garcia and Jose Demas Garcia Castillano, for publication–and that 
I have never suffered any other person to peruse them; neither have I a copy or 
a translation of any of them, nor have I in any way promulgated or communicated 
their contents to any other person. Given under my hand at Norfolk, this second 
day of June, 1821.

(Signed,) JAMES HENRY."

*Appendix, page 24–† ibid. page 15. ‡ Garcia had probably forgotten his 
confession before the Mayor on the 28th March, or it being a translation only 
which he then signed, possibly did not consider it "his writing."

______

ERRATA. –In page 18, 12th line from the bottom, read, the under jaw fell off–the 
body which, &c.
Page 19, 14th line from the top, dele the s in prisoners." –5th line from the 
bottom for "ten," read twenty.
Page 20, line 16th from the top, after "that," read which.

[5]

AN
ACCOUNT
OF THE
APPREHENSION, TRIAL, CONVICTION, CONDEMNATION, CONFESSION, AND EXECUTION
OF
MANUEL PHILIP GARCIA
AND
JOSE DEMAS GARCIA CASTILLANO,
FOR THE MURDER OF
PETER LAGOARDETTE.

ON Tuesday, the 20th of March, about two o'clock, p. m. Josiah Cherry, a police 
officer, was informed, on coming home to his dinner, that something like a 
murder must have been committed that morning in Mrs. Hetherington's house, as a 
considerable noise like scuffling, and screams, had been heard there by some of 
the neighboring women and children.—The house from which the noise issued was 
not more than sixty or sixty-five yards back from Cherry's house, and he 
immediately hurried to it to endeavor to ascertain the cause of the alarm. On 
coming to the house, he found it secured, and no person apparently in it. Not 
willing to take upon himself the responsibility of forcing it open, he proceeded 
immediately to the Mayor for instructions, who authorized him instantly to 
return and break the house open, which order he accordingly obeyed.

The building in question is a two story wooden house, standing upon columns of 
bricks about eighteen inches from the ground; its gable ends towards the east 
and west, with two doors to enter it, one of which is in the west end and the 
other on the north side. The house is probably about twenty-five feet long and 
seventeen broad, with two rooms on the lower floor, and two rooms and a passage 
on the upper floor, the passage up stairs dividing the two rooms. There [6] are 
no windows, either above or below, on the south side of the house, and the 
windows on the lower floor have all of them shutters except, one at the east end 
and nearest the south side—there are four windows at the east end, two of which 
are above, and of course the others below; and five on the north side, three of 
them above, and two below—those at the west end it is not material to name; 
suffice it to say, that in the upper room at the east end of the house, are 
three windows, which have already been described; and the reason for being thus 
particular concerning this house, &c. will be manifest before this narrative is 
completed.—And now for its situation.

The house is a retired one, standing in the fields, about equal distance from 
Church, Bute, and Cumberland streets, say sixty yards from either, and perhaps 
about an hundred and twenty yards from Charlotte street. On Church street, in 
front of Plume's rope walk, but on that side of the street next to the house, 
are several dwelling houses, all of which are occupied; but between these houses 
and the house where the murder was committed, are gardens, one of which extends 
down to within about four feet of the house, where it is terminated by a fence, 
which forms a yard at the east end of the house—on the south side is a house 
about forty yards from the house in question; and at the west end a kitchen 
occupied by an old black woman, and almost adjoining the kitchen westwardly an 
unoccupied house. Towards the west and north west, the nearest house is probably 
an hundred and fifty yards, and towards the north is the French Masonic Hall, 
which is about an hundred yards distant—the space between the house and the 
streets to the west and north is a common, and being quite flat, in the spring 
season is apt to be wet, and consequently but little passing over it. The house 
commands a good view from the rear of those houses on Church street, but cannot 
be perceived by any person on the street. The tenants of most of them are men 
whose avocations call them into the more business part of the town, so that from 
early breakfast they are absent until dinner, the children are some of them at 
school, and the women, engaged in their domestic offices, seldom have occasion 
to attend to, or think of, any thing else except matters of their own household.

As soon as Cherry opened the house by entering at the window, he proceeded up 
stairs, (seeing nothing below that was worthy of observation,) and on entering 
the room at the east end of the house, discovered a spectacle truly horrible and 
revolting to the feelings of humanity. The trunk of a human being lay extended 
upon the floor, divested of its head and limbs, and bleeding; on the fire which 
was [7] burning, he found the head, hands and feet, burnt almost to a cinder; in 
a tub, the arms and legs, which appeared to have been dissected with the 
greatest surgical skill; and on the floor, the axe and two butcher knives, all 
besmeared with blood, with which the diabolical deed had been perpetrated by 
some hellish murderer or murderers !!!!

The officer having given the alarm, a number of persons of course soon 
collected, and information being sent to the Coroner of the Borough, an inquest 
was summoned, who repaired to the house, where, after investigating the matter 
as well as their slender means would enable them, and sending for and examining 
such persons as circumstances and chance happened to bring to their minds, they 
reported the following verdict:—

"Norfolk Borough, to wit—

"Inquisition indented, taken at a house belonging to Mrs. Hetherington, in the 
fields, not far from Plume's rope walk, in the Borough aforesaid, the twentieth 
day of March, in the year of our Lord, one thousand eight hundred and twenty-
one, in the forty-fifth year of the Commonwealth, before me, George W. Camp, 
Coroner of the Commonwealth for the said Borough, upon a view of the body of a 
white man, (unknown to the Jury,) then and there lying dead, and upon the oaths 
of Thomas B. Seymour, Alexander Jordan, Henry H. Newsum, Thomas R. Walker, 
Thomas B. Dixon, John S. Widgen, Charles Spratley, Francis Butt, Michael S. 
Wilson, William S. Keeling, William Bolsom, and John Hester, good and lawful men 
of the said Borough, who being sworn and charged diligently to inquire on behalf 
of the said Commonwealth, when, where, and after what, manner, the said person 
came to his death, upon their oaths do say, that some person or persons to them 
unknown, not having the fear of God before his or their eyes, but being moved 
and instigated by the Devil, did, some time between the hours of twelve o'clock 
of yesterday and twelve o'clock of this day, feloniously and with malice 
aforethought, make an attack upon the said deceased, with an axe and two knives, 
with which said weapons the said deceased was murdered, supposed by a blow on 
the head with the said axe, given by the person or persons unknown as aforesaid; 
who, having deprived the said deceased of life, did, with the said knives, cut 
off his head, arms and legs, which were inhumanly thrown into a fire in the room 
where the murder was committed, and the head so much burnt as to render it 
impossible to distinguish the features of the deceased–and [8] so the Jury do 
say, that the said deceased was wilfully, deliberately, and maliciously murdered 
by the person or persons to the Jury unknown. In testimony, &c."

Signed by all the members of the inquest.

The murderers had taken the precaution, previous to dissecting their victim, to 
nail up two blankets to the windows in the room where he lay, viz. one at the 
end (there having been a curtain at the other end window already) and the other 
at the side of the room. There was no article of furniture in the house except a 
mattress, which had marks of blood upon it, two or three blankets, and a 
portmanteau—the trunk was found open, with a number of gold and silver watches 
in it, several articles of jewelry and other valuables, and an elegant gold 
patent lever watch lay upon the floor. Several articles of clothing were also 
found in the trunk, some of which were stained with blood—some of the shirts and 
waistcoats were marked P. L. and some of them M. P. G.—A Masonic Diploma was 
also found in the trunk, issued by the Grand Lodge of Maryland, dated at the 
city of Baltimore, December 21, 1820, and filled up with the name of Peter 
Lagoardette, whose name was signed in the usual way in the margin.—A coffin was 
prepared for the deceased, his remains interred, the articles found in the house 
taken charge of by the Coroner, and the house secured. Previous to this time, 
however, the circumstance had become so notorious all over town, that thousands 
of persons had collected to see the horrible sight, or to hear the particulars, 
if they could, of the murder—but in the latter they were completely 
disappointed.

The anxiety, however, to learn from some one, who might probably be the 
perpetrators of the dreadful deed, was not to be easily allayed—every inquiry 
was made, and numbers were describing sane suspicious looking person that they 
had recently seen. Mr. Holt, the Mayor, visited in person several of the houses 
in the vicinity, and left no effort untried to ferret out the murderers—he had a 
number of persons brought before him, in the court-house, at night, but could 
collect no further information, than, that the house had been rented of Mrs. 
Hetherington, about three weeks before, by a Frenchman, whose name no one knew, 
but that he went by that of Dett—Mrs. Hetherington was in the country herself, 
so that nothing could be learned satisfactorily who the tenants were, and Dett 
had never been seen in company with any one at the house; but on the night 
previous was seen at a house of ill fame with a person who ap-[9] peared to be a 
Spaniard. Thus terminated the inquiries of the day and night, with no prospect 
of succeeding in a discovery of the fugitives.

But the account of such an abominable and unnatural murder waited not the tardy 
progress of the swiftest wings to convey it abroad, it went with the quickness 
of the lightning's flash, and before night had paid her accustomed visit, was 
circulated for miles in the country, and in various directions.—On the next 
morning, (Wednesday,) an extensive fire broke out in our neighboring town of 
Portsmouth, and so great was the light of it, that people from the country, for 
some miles around, had collected in the early part of the day to ascertain its 
cause, extent of the damage, &c. An idea was entertained by numbers that the 
murderer or murderers might possibly have also been the incendiary or 
incendiaries.—The Mayor was vigilant all the day, and collected various 
testimony from different persons; and through the course of his inquiries, 
discovered by a drayman, (a colored man,) that on the Friday evening preceding, 
he had taken a trunk and some other articles on his dray, from on board the 
steam boat Virginia, which had arrived that evening from Baltimore, and carried 
them to the house where the murder had been committed. The drayman stated, that 
he was employed by a small man, apparently a Frenchman, and that when they 
reached the house, the man knocked at the door, and a swarthy looking man opened 
it, and the articles were carried in. The tenant of the house was in an undress, 
with a night cap on, and appeared as if just risen from his bed, although it was 
not then sun-down.—This small discovery to some thing like a clue to a fuller 
one, having been made, recourse was had to the list of passengers who had come 
down in the steam-boat from Baltimore, and they all could be accounted for 
except P. Lawrence and Jose Garcia.—It was also understood from some gentlemen 
in the course of the day, that two very suspicious looking men, apparently 
Spaniards, from the contour of their faces, were seen about two or three o'clock 
in the afternoon of the preceding day, in the fields, in the full view of the 
house where the murder was committed, and that they were walking out of town in 
the direction of Princess Ann. They were represented as being dressed in 
fashionable great coats, of a liver or brown color.

Among those persons who came to Norfolk on Wednesday morning, to see where the 
fire was raging, (for it broke out about three o'clock,) and what was its 
extent, was Capt. Jacob Shuster, a farmer, who lives on Tanner's creek, at 
Bowdoin's ferry, [10] about four miles from Norfolk. Capt. Shuster, during his 
stay in town, which was the principal part of the day, heard the various reports 
that were circulating respecting the murder the day previous; and when he 
returned in the evening, Mrs. Shuster informed him that two men, (apparently 
foreigners,) had crossed the ferry the forepart of the day, and gone towards 
Sewell's Point. [It may be proper here to mention, that this is not a regular 
ferry at this time, a boat being kept upon the creek merely for the purpose of 
conveying the neighbors across; hence something like surprise was expressed by 
Mrs. S. that two strangers should have found their way there, and wish to 
cross.] Mrs. Shuster further informed her husband, that one of the men 
discovered much alarm while there; and that Mr. Jordan, their neighbor, had come 
there just after the two men had got into the boat, and informed her of the 
murder that had been committed in Norfolk the preceding day, and that he 
strongly suspected those two men to have been the murderers; he stated the 
reasons upon which his belief was founded, and regretted that she had suffered 
them to cross—the reasons which Mr. Jordan assigned, will be introduced in his 
evidence. On hearing the foregoing, Capt. Shuster immediately returned to 
Norfolk, where he arrived about nine o'clock at night, in the rain, (for it had 
been raining occasionally, or a fine mist falling, all day,) and communicated 
the above intelligence to the Mayor.—Capt. S. then returned home.

The Mayor immediately convened the town watch, and authorized there to raise a 
sufficient number to form two squads, and go in pursuit of the two men described 
by Capt. Shuster; but no horses could be procured sooner than day-light, and 
they were compelled to defer starting until that period.

On his way home, Capt. Shuster had come to the determination, if he could 
collect a few friends, to start in pursuit of the supposed murderers; and having 
succeeded in his first object, after returning home the second time, sent back 
again to Norfolk, between ten and eleven o'clock, to procure additional and more 
trusty arms; as soon as the messenger returned he started with his party for 
Tanner's creek cross-roads, intending from thence to proceed to Sewell's Point. 
The party consisted of Jacob Shuster, John Wilson, Robert Addison, James 
Dameron, and William Knight. The party rode on to Sewell's Point, and about 
sunrise, on a small point of land projecting out from the main point, called 
Lavender's Point, discovered the two men [11] who were the object of their 
pursuit. Mr. Wilson rode up to them, being in advance of the party, and 
inquired, "What they were doing there?" Their answer was, "Fransch frigat," 
pointing towards Hampton Roads, as if it were their object to see or get on 
board the French corvette La Tarn, which had sailed from the Roads on the Monday 
morning preceding, which circumstance had been published in the Norfolk papers, 
and which was also a matter of general notoriety in the town. Mr. W. told them 
it was necessary that they should unbutton their coats, that he might see if 
they were armed, which they did, but none were found upon them; and the other 
persons of the party having come up, they told them that they must go with them 
to Norfolk; they made no objection, but replied or signified, "we give up," The 
party then brought them on to Capt. Shuster's house, and Capt. S. taking them in 
a chair, sat himself in the foot of it, and under the escort of their guard 
brought them to Norfolk.

The intelligence of their having been taken reached town an hour or two before 
the prisoners; and so great was the anxiety of the people, and such the 
excitement which had been produced, that Church street was thronged with 
spectators on either side for a considerable distance beyond Fort Barbour, all 
eager to get a sight of the supposed murderers, or to learn the circumstances of 
their capture. At twelve o'clock the prisoners were led into court, followed by 
the crowd, which in a little time collected in so large a mass, that every 
avenue to the court-house, was completely blocked up, and the efforts of the 
attending officer, to clear the bar were totally unavailing. The prisoners were 
therefore placed immediately below the Bench, where the witnesses also took 
their places.

It is not deemed necessary here to detail the evidence of the witnesses called 
upon to testify against the prisoners, as it will come more properly in the 
proceedings of the commonwealth against them in the superior court; but the 
substance is indispensable, that the reader may know the grounds upon which they 
were committed for further examination.

Mrs. Hetherington, the proprietress of the house in which the diabolical deed 
had been committed, deposed, that a person, (supposed to have been the deceased) 
applied to her for her house and took it on the second instant (March;) he was a 
foreigner, supposed him to be a Frenchman; stated that he had no family, but 
expected his brother shortly from Baltimore, on whose account he had taken the 
[12] house—she never inquired his name. He was genteel in his appearance and 
deportment, rather under the middle stature, dark complexion; a little pitted 
with the small pox, black whiskers, and appeared to be about twenty-six or 
twenty-seven years of age. She knew nothing of the two prisoners, having been 
absent in the country from a day or two after she had rented her house until 
after the murder was committed.

But there were witnesses who came forward, when they saw the prisoners, who 
deposed that they had seen them before. The carpenter who put the handle to the 
axe deposed, that the axe was brought to him by two men very much resembling the 
prisoners, on the Friday preceding, one of whom told him in broken English what 
he wished—and an apprentice to this same carpenter deposed positively as to the 
identity of the prisoners; he thought it was on Friday afternoon, but was 
certain as to their persons; one of them, the eldest, asked to have "one," 
understood him to say or mean, helve, because he pointed to the eye of the axe—
they said they would call again when it was done. They then lighted their segars 
(for there was a fire in the shop) and went out. Some short time after they 
returned again, paid twenty-five cents for the helve, bade "good evening," and 
went away. Another witness, a little girl, only ten years old, deposed to the 
fact of seeing the prisoners often at the fatal house, for she had been induced 
sometimes to go there, as her mother lived upon the adjoining lot, and as the 
Frenchman, (meaning the deceased,) had told her if she would come he would give 
her apples, nuts, &c. and she had accepted the invitation. On the morning of the 
murder, she being out in the rear of her mother's house, heard a noise like 
people in a scuffle, and a scream from within, something like that of murder. 
She was very much alarmed, and cried with fear, her mother being from home.

'The court deemed the above testimony sufficient to justify them in committing 
the prisoners for a further examination, and they were committed accordingly. 
After being carried to prison their persons were searched, and blood was 
discovered upon the body of one of their shirts, and upon the sleeve of the 
other—one of the shirts was marked P. L.— a paper, discolored with blood, 
dropped from the hat of one of them—one of them also had his thumb much wounded 
from an apparent bite of very blunt teeth, and the other one had a fresh cut in 
the forehead over the eye.

The circumstances attending the apprehension and examination of the prisoners 
were all published the next day in the "Norfolk [13] Herald," and the 
consequence was, that many other circumstances attending the murder and fixing 
the guilt upon the prisoners were developed by the appearance of new witnesses 
against them; who, although they could have made the same disclosures and stated 
the same facts previously, did not know who were the persons they were thus to 
implicate until they had seen them, and the recollection of transactions with 
them had brought them to their knowledge.

On the 27th March a letter was received by a gentleman in Norfolk from his 
correspondent in Baltimore, stating the disappearance of a Spaniard from that 
city named Manual Philip Garcia, "who, from circumstances, it was supposed had 
been enticed into the country, and there murdered by the same men confined in 
the jail at Norfolk for the murder of Lagoardette. Independent of Garcia's being 
missing, it is ascertained that one of the prisoners whose proper name is Jose 
Demas Garcia Castillano, was seen about a fortnight previous to take a trunk, 
mattress, &c. out of Garcia's house, and carry it away." Thus much for the 
letter—now for a solution of the mystery of the missing man from Baltimore.

By a reference to the way-bill of the steam-boat Virginia, and from the 
testimony of Mr. Pennington who kept the accounts, &c. on board the boat, it 
appeared that the murdered man, whose name was entered on the way-bill, 
Lawrence, arrived at Norfolk on the 2d of March, (the day on which he took the 
house from Mrs. Hetherington,) from Baltimore, and of the 10th of the same month 
the two prisoners arrived, also from Baltimore, in the same boat, under the 
names of Jose Garcia and Juan Gomez: on the Monday following (the 12th,) it was 
ascertained that Lawrence and Jose Garcia returned to Baltimore, the latter with 
the key of the house occupied by Juan Gomez, [See Appendix A.] with instructions 
to bring down a trunk, mattress, &c. belonging to him—[this Juan Gomez, in 
Norfolk, it will now be readily perceived, was the missing Manuel Philip Garcia 
in Baltimore]—Lawrence and Jose Garcia (still assuming the same names) arrived 
at Norfolk again on the evening of Friday the 16th March from Baltimore, and the 
former immediately took a dray and conveyed his baggage to the house he had 
rented, as has been before stated by the drayman.

The day fixed upon by the Court for a further examination of the prisoners, was 
the thirtieth March—and scarcely a day passed that the police officers did not 
bring forward to the Mayor some new and stronger proof of the villainous 
pursuits of the prisoners, and, it was [14] not doubted, of the deceased. A 
great variety of keys, small files, saws, chisels, brass wire, materials for 
brazing, &c. were found concealed between the plastering and weatherboarding, in 
the house where they had resided, and the keys so constructed, that the parts 
calculated to fit the wards of the lock, could be moved at pleasure, and suited 
to almost any large lock—one key in particular was found, which opened three 
different locks on three valuable stores, and no doubt could have opened others 
with the same facility, if they had been tried:—It has been omitted before, but 
not too late to mention now, that a number of small tools were found in the 
trunk with the other articles, in the room where the murder was committed.

A communication had been made to gentlemen in Savannah and Charleston, 
immediately after the first examination of the prisoners, describing, and asking 
for information concerning them. To the communication to Savannah, the reply 
was, that "a man named Jose Garcia, who was one of the crew of the General 
Ramirez, was lodged in jail there on the 7th July, 1820, discharged on the 18th 
of the same month;" nothing farther as said. The reply from Charleston, dated 
30th March, was, that there was "no doubt that the men who had committed the 
murder in Norfolk were the same who had been repeatedly before the Charleston 
courts of justice, but that they had generally the address to get off with some 
slight punishment by way of confinement in jail, for the want of sufficient 
evidence to convict them;" and concluded by observing, that "it was not more 
than six weeks since they left Charleston, under the names Garcia and Gomez."

On the 28th, it having been signified to the Mayor, that the prisoner, who had 
hitherto assumed the name of Gomez, but whose name was now ascertained to be 
Manuel Philip Garcia, wished to make a confession of the murder; orders were 
given that he be brought from jail, into the Mayor's office, unshackled and 
unconfined. A confession was accordingly made by the prisoner, of his own 
voluntary will and accord, through the medium of an interpreter, to the Mayor 
and the attorney for the commonwealth; and after being reduced to writing, was 
subscribed by him. The confession was not sworn to, neither did the court think 
proper to make any use of it. [It will be found in the appendix marked A.]

On the 30th March, the court convened for the further examination of witnesses 
against the prisoners Castillano and Garcia—Cas- [15] tillano was first put to 
the bar. Witnesses were examined, a part of whose testimony has already been 
given on the commitment of the prisoners, and the subsequent was introduced as 
establishing that testimony, and confirming the guilt of the prisoners.

William Pennington, sworn.—Belongs to, and keeps the accounts of, the steam boat 
Virginia; the prisoner, in company with Garcia, and a Frenchman who signed his 
name P. Lawrence, had made several trips up and down in the steam-boat Virginia, 
which plies between Norfolk and Baltimore—at one time last fall they all came to 
Norfolk together, and deposited at the bar of the boat a watch for the payment 
of their passage. The Frenchman came alone to Norfolk on the 2d of March; the 
two Spaniards (the prisoner and Garcia) came down on the 10th—on the 12th, the 
prisoner and the Frenchman returned to Baltimore—and on the 16th, the same two 
came back to Norfolk.

Capt. James Brown, and James Weaver, the engineer, both of the steamboat 
Virginia, deposed to the above.

Other witnesses were introduced, who proved the intimacy of the three persons.

Mr. Glenn, sworn.—Stated that Frenchman who said his name was Lawrence, came to 
his house from the steam-boat Virginia on the 2d March, as a boarder, and went 
away on the 4th.

C. Branda, J. Morrison, and J. Sounalet, sworn.—Had viewed the Spaniards taken 
up on suspicion of murder, know them to have visited their shops with a 
Frenchman who acted as interpreter—had sold them jewelry in November last, and 
at other times—had seen them together between the 16th and 19th March.

John Victoir, sworn—Knew the Frenchman—had frequented his shop; gave him the 
handkerchief marked with Miss ____'s name, found in the trunk near the dead 
body.

Clara ____, who keeps the brick-house, sworn.—Had a dance on the night of the 
19th, the Frenchman was there, but did not dance; remained some time—left the 
house with Nicolas Beauclerc—has not seen him since.

Nicholas Beauclerc, sworn.–Has no knowledge of the Spaniards; was intimate with 
the Frenchman; met with him at a dance at the brick-house on Monday night, 19th 
March; it was eight o'clock; Frenchman did not dance, staid some time conversing 
with him; said he was from Bayonne, and called himself Dett; mentioned that that 
he had rented a room for cheapness near the Baths, and that he was going that 
night to Mrs. ____'s to offer her a small gold [16] watch, chain and seals, for 
forty dollars; shewed it to him; knows it to be the same found in the trunk near 
the body the next day. Witness walked with him to Mrs. ____'s but knows not 
whether the watch was offered, cannot say whether he staid all night, or what 
became of him afterwards.

Ann Armistead, sworn.—Has seen the Frenchman, but does not know his name—he came 
to their house on Monday night, 19th inst. with Nicolas Beauclerc, about eight 
o'clock, and quitted it again about nine, Beauclerc going out with him—heard the 
former say to the latter, on their way out of the house, (they not seeing her, 
as she was near the stairs), that he was going to a frolic in the river Styx; (a 
nick-name for a part of Union street) this was the last she saw of him—knows 
nothing of the watch, or where he usually lodged.

Elizabeth Rose, sworn.—Has been to see the two Spaniards in prison; is positive 
they are the two persons, who in company with a well dressed small man that 
appeared to be a Frenchman, called at her shop near the brick-house, on Friday 
night., 16th inst. to inquire who lived at the brick-house; said they wanted to 
go there, and walked away in that direction. The Frenchman wore such a great 
coat as the one found in the trunk near the body.

Green Erskine, sworn.—Sold a tub to one of the Spaniards on the 17th; does not 
know if it was the one found near the body.

David Etheridge, sworn.—Works with Mr. Delany, a tinner; sold the tin bucket, he 
saw near the body, to the Spaniards, on the 17th inst. knows its make perfectly.

P. Bellet, sworn.—Lives with D'Anfossy & Duperu; have a large quantity of axes 
with the stamps, and of the figure and size, of the one found near the body—does 
not know the Spaniards, and has no knowledge of having sold them an axe.

William Gleeson, sworn.—Is an apprentice to Mr. Vaughan; knows the two Spaniards 
shewn him, are the persons who came to the shop on Friday 16th inst. with an axe 
to be helved; that he was present when Mr. Vaughan received it, and made and put 
in the handle; that the Spaniards in the mean time each lighted a segar and 
walked away, and when the helve was put in the axe, they returned and took it 
away with them.

Several other witnesses were examined, and among them were some whose testimony 
was equally strong or stronger against the prisoners than any here given; but it 
will come better before the reader to introduce it at the trial before the 
Superiour Court.—The court unanimously decided, that the prisoners should be 
remanded [17] for a final trial at the approaching term of the Superior Court 
for Norfolk County, which would commence its session on the 9th April.

On account of the very inclement weather on Monday the 9th April, and in 
consequence of the delicate health of the Judge, the court did not convene until 
Tuesday the 10th, when the proceedings were opened by an able and comprehensive 
charge from Judge PARKER to the grand jury.—The indictment charged both the 
prisoners as principals and accessories in and to the murder; and that the 
murder had been committed by Manuel Philip Garcia and Joseph Garcia, alias Demar 
Joseph Garcia Castillano, otherwise called Goner or Gomez, on the body of Peter 
Lagoardette, otherwise called Lawrence, otherwise called Tade, on the 20th 
March, in the Borough of Norfolk, by an axe, with a blow upon the head, or with 
a knife or knives, by cutting off the head a little below the chin. The grand 
jury had no difficulty in soon finding a true bill against the prisoners, and 
the next day, (Wednesday the 11th April,) Joseph Garcia, alias Demar Joseph 
Garcia Castillano, otherwise called Gomer or Gomez, was brought into court and 
put upon his trial.

The court was opened about 11 o'clock; and the house so crowded in every part of 
it with spectators, so great was the anxiety to see and hear, that it appeared 
like a convention of the whole county and borough of Norfolk. The prisoner was 
placed at the bar, and directed to plead to the indictment, the purport of which 
was explained to him by an interpreter who had been sworn for the purpose, as he 
pretended to be unacquainted with our language; and he accordingly pleaded “not 
guilty.” The usual formalities having been gone through with, such as asking the 
prisoner how he would be tried, &c, and informing him of the liberty he could 
take in challenging jurors &c. all of which was communicated to him by the 
interpreter, M. Alessi. The prisoner challenged but four of the jurors; the 
names of those impaneled were W. F. Hunter, G. White, J. Capron, H. Allmand, 
Jr., R. Hatton, J. W. Hall, T. Moran, J. Ford, Jr., S. W. Hopper, J. B. Butt, O. 
S. Dameron, and N Berry.

JAMES NIMMO, Esq. the attorney for the commonwealth, was assisted by Gen. ROBERT 
B. TAYLOR, who had volunteered his services, (Mr. N's health being inadequate to 
the arduous duties of the prosecution,) and WILLIAM MAXWELL and ALBERT ALLMAND, 
Esqrs. appeared as counsel for the prisoner.

The court were about to proceed with the examination of the witnesses, when Mr. 
Nimmo stated to the court the situation in [18] which he stood with regard to 
the other prisoner, Manuel Philip Garcia, who perhaps, under an impression that 
it might benefit his own cause, had voluntarily offered to make a confession of 
the facts relative to the murder: and that, although it was upon the express 
assurance on his (the prosecutor's) part that no pledge could be given, that 
would be of any avail whatever, that a confession had been made; yet, least the 
unfortunate man might cherish hopes founded on a delusive idea of the existence 
of such a pledge, he prayed the court to decide on the course proper to be 
pursued. He had himself never doubted the sufficiency of the evidence already 
existing, but had not felt himself not at liberty to hear any disclosure which 
either of the prisoners might think proper, of their own accord, to make, 
although it might not be necessary to use it in evidence. Having repeated that 
he was perfectly satisfied to rest the prosecution entirely upon the evidence of 
the witnesses, it was decided that the confession should not be admitted into 
court.

Josiah Cherry, a police officer, was the first witness sworn.—The witness stated 
that he had been called on by Mrs. Lester, about two o'clock, on Tuesday 
afternoon, the twentieth March, and informed that some person was dead in the 
house, (meaning Mrs. Hetherington's house) and requesting him to go into it.—
Witness went to the house and found it fast, hastened to the mayor for authority 
to open it, who accordingly granted it.—Witness returned at a quarter past two 
o'clock, and entered through a window; on ascending the stairs, and entering a 
room on the second floor, found a person dead, head cut off and in the fire; the 
arms cut off at the shoulders and at the elbows, and the legs off at the knees; 
the limbs were placed in a tub and tin kettle which had water in them— the feet 
and hands were in the fire; on turning over the head to get it out of the fire 
the under jaw fell off the body—which was yet bleeding, appeared to have been 
washed; a bloody axe with a new handle in it was lying on the floor, and two 
bloody knives near the body; the blood was perfectly fresh; has no doubt but the 
murder was effected by these instruments—the wall was bespattered with blood, 
and the floor, which was bloody, had been partially washed.— Witness had never 
been in that house before; lives from seventy-five to eighty yards from it—on 
entering it, found that the door had been fastened by a lock and the key taken 
out; the window shutters were closed below, and blankets were hung before the 
windows up stairs—found the body in the room next to the garden, which lies 
between the house and Church street, and in view of [19] the witness' residence—
several other houses were also near, from which a view could be had of what was 
transacted in the house where the murder was committed—there is no window on the 
side of the house next the kitchen.—Witness further stated, that an open trunk 
was in the room with the dead body, filled with men's wearing apparel, some of 
which was bloody, and a parcel of watches and jewelry—clothes were also 
scattered on the floor, and a mattress in one corner of the room with blood 
scattered on it.

William Vaughan, sworn.—On Friday before the murder was committed, came to his 
shop two Spaniards to get a helve put to an axe, for which they paid twenty-five 
cents; prisoner at the bar was one of the persons —knows the axe now presented 
to be the one he put the helve in.—(Cross examined)—To the best of his knowledge 
believes the prisoners at the bar to be one of the persons who came with the 
axe, knows him by his form, clothing, complexion, &c.—it was on a Friday, to the 
best of his recollection, they applied for the helve, one only of whom spoke, 
which was in broken English—is positive the prisoner is not the one who spoke. 
(To a question by the court)—Is not positive that the word “helve” was made use 
of, thinks if it had been he should have recollected it, but they made him 
understand by pointing to another.

William Gleeson, (apprentice to Mr. Vaughan,) sworn.—Is confident the prisoner 
is one who came with another on Friday before the murder for an axe-helve; 
prisoner said little or nothing, but went away with the other person, they 
afterwards returned, thinks between two and three o'clock, went to the fire 
which was in the shop, warmed their hands, lighted their segars, took the axe, 
paid twenty-five cents, said “good evening, sir,” and went away—saw the same two 
persons next day, and recognized them immediately —knows the axe now presented 
to be the one helved at their shop, and that it is the same helve—cannot say 
whether the word helve was made use of by the persons applying with the axe, but 
thinks it was, at all events they made them understand by pointing—is positive 
the prisoner present is not the one who entered into conversation on the subject 
of the helve.

William Allyn, sworn.—Lives at J. T. Allyn's—had a dozen knives in the store in 
a package, sold two of them about ten days previous to two foreigners; cannot 
say that the prisoner at the bar was one of them—one of them spoke broken 
English, the other said nothing.—When they first came into the store and asked 
for knives, witness shewed them riggers' knives, and they not appearing to [20] 
please, shewed them the kind of these, (holding up one of the knives which had 
been found near the body of the deceased,) denominated in the invoice, "bread 
knives," they inquired the price, paid for them without saying any thing 
further, and walked out—thinks he could not have recognized them an hour 
afterwards. The two knives present are of the same stamp and correspond exactly 
with the remaining ten in the store. [The knives produced and denominated "bread 
knives," were about a foot in length; the blade wide, terminating at the point 
sharp, something like a butcher's knife, and about eight or nine inches in 
length—indeed they had every appearance of a butcher's knife.]

Mary Lester, (a very sensible little girl, only nine and a half years of age, 
after being examined by the Judge touching the importance of an oath and the 
offence of stating things falsely, and having satisfactorily answered to the 
inquiry, if she knew the consequence of relating that was not true,) sworn.—Had 
been to school on Tuesday, the day the murder was committed, and when she came 
home, was told of a noise that had been heard in the house, (meaning, where the 
murder was committed;) run out and got upon the fence, (it was about one 
o'clock, according to a calculation made between the coming out and going in of 
the school) and saw two men, the prisoner at the bar was one of them, come out 
of the house, and the prisoner locked the door, then kicked it with his foot to 
see it was fast—prisoner looked the witness in the face while he was locking the 
door, and then both of them walked towards the fields from the witness—had seen 
the two men often with the Frenchman, but had not seen them that morning—Had 
seen them several times come out of the house with the Frenchman, but then the 
Frenchman always locked the door and then kicked it to see if it was fast. [The 
little witness further stated, that on hearing that a murder had been committed 
in the house, she had gone out and got upon the fence to watch the house, to see 
who come out of it; giving the court and jury to understand, that by this plan 
she would be enabled to know who of the three was murdered; and when she saw the 
two Spaniards come out she concluded of course that the Frenchman was the one 
who was dead.]

Elizabeth Lester, another little girl about twelve years old, sworn.—Had often 
played about the house of "Peter Ladette," (as she called the supposed 
deceased;) he had often invited her to the house to get apples and nuts; had 
seen the prisoner and an- [21] other person at the house, but had never said any 
thing to them—had often seen the prisoner and his companion, but did not see 
them together the day the murder was committed—witness went once to the house to 
get an apple from Ladette, but the prisoner and another one came in and she went 
out. On the day of the murder, between nine and ten o'clock in the morning, 
witness was in the garden playing with some other little children, when she 
heard a noise in the house, and the screams of some one in distress, and a 
struggling—went lower down the garden; the scream appeared like a faint cry of 
murder, saw soon after a person (not the prisoner) come to the windows and put a 
blanket up before it.—After a little while the noise ceased and she could see 
nothing, the window shutters all being closed—did not see the prisoner at all, 
and saw no person come out of the house.—Witness, with the other children, ran 
home crying, because she was scared, and her mother was from home—could see no 
man to tell what she had seen and heard.—[After some time her mother returned 
home, and she related to her the particulars as stated to the Court and Jury, 
and her mother went and informed a constable.]

Margaret Madden, a little girl about ten or eleven years old, sworn. —Confirms 
the testimony of Mary Lester.

Henry Roberts, a boy about eleven or twelve years of age, sworn.—On the morning 
of the murder, about ten o'clock, being about ten yards from the house, on the 
side towards the French Lodge, heard “a lick,” and screams in the house—after a 
little the noise stopped—saw no person come out or go into the house—never saw 
the prisoner in the house at all—saw a blanket at the window at the side of the 
house up stairs after the noise had ceased.—Witness did not stop, but proceeded 
from the house about his business.

Ann Barret, sworn.—Between nine and ten o'clock, on the morning of the twentieth 
of March, heard screams for five or ten minutes in the house in the rear of 
hers, belonging to Mrs. Hetherington, went to the door and heard another faint 
scream—saw a man with a dark complexion, pacing the lower room in his shirt 
sleeves, having white pantaloons on—he came to the window several times, and 
every time would place his eyes upon witness—appeared to be much agitated—his 
hair was cut short, and could perceive that he had large whiskers—prisoner at 
the bar, from his size and figure, appears to be the person.—The blanket was put 
up at, the window after witness had heard the noise—the noise was like a person 
strangling. The last time the person left the window saw [22] him roll up his 
shirt sleeve with his left hand. There had been a curtain at the upper window in 
the end of the house nearest to witness' house, ever since it had been occupied 
by the late tenants.

Sophia Lester, (mother of Elizabeth and Mary Lester) sworn.— Had been from home 
all the morning, and until between one and two o'clock; on her return, was 
informed by her children of the noise they had heard in the house where the 
Frenchman lived; went into the garden, but heard no noise; saw, however, a 
blanket hanging up at the window—went immediately to Cherry and Roberts, (two 
constables) to tell them what had happened.—[In answer to a question by the 
prosecutor,] had brought her children up in religious habits, and had always 
endeavoured to instill into their minds the importance of confining themselves 
to the truth under all circumstances.

John O'Neil, sworn.—Keeps a tailor's shop on Main street; a Frenchman had 
applied to him some short time previous to repair a coat, which he then wore, 
but which he took away with him again without getting the work done; the coat 
found near the deceased in the room where the murder was committed, twentieth of 
March, was the same coat; knows it by a rent in the black silk lining near one 
of the pockets—had applied to witness previously to make a pair of pantaloons 
for him, and when his measure was taken, wrote Lawrence on it, which he gave 
witness to understand was his name—witness made the pantaloons, they are the 
same which one of time Spaniards had on when brought to town after they were 
taken; knows them as being from the same piece of snuff colored cloth as those 
which witness wears himself, and from the circumstance of the nap in one of the 
breadths running a different direction from that in the other breadths, the 
cloth having been cut so through mistake; a button hole had also been improperly 
cut, which had been sewed up again.

Josiah Cherry, called again.—Assisted in examining the two men when they were in 
jail, saw some blood on one of the shirt sleeves of one of the men which he 
accounted for by saying it proceeded from a hurt which he had on his thumb; is 
not positive there was blood on more than one of the men—thinks there was the 
appearance of blood on some of the clothes in the trunk found in the house.

George W. Camp, the coroner, sworn.—Examined the prisoner in the jail, and found 
the letters P. L. marked upon the shirt and [23] waistcoat he had on, which 
corresponded with the initials of Peter Lagoardette's name on the diploma, and 
several shirts found in the trunk—discovered blood on the side of the prisoner's 
shirt immediately under the waistband of his pantaloons, which prisoner 
accounted for by saying it proceeded from a wound he had over the eye—saw 
something like the appearance of blood having been washed out of the other 
prisoner's shirt sleeve; but it might have been a stain of something else.—There 
were clothes in the room near the body.

C. A. Trincavelli, from Baltimore, sworn.—Had a brother who had left Baltimore 
last November on business, and when he returned, (from Norfolk) stated that he 
had sold Demas Castillano, whom he had met with in Norfolk, a pair of pistols 
(describing them,) and when Castillano, the prisoner at the bar, returned to 
Baltimore, he showed witness the pair of pistols which he said he had bought 
from witness' brother while in Norfolk, which pistols, [double-barreled, and of 
a very singular construction] corresponded precisely with those now presented to 
the Court [which were found in the trunk near the dead body ]—Pistols of the 
description sold by witness and his brother, witness had never met with 
elsewhere in the United States.—Has seen prisoner often wearing pantaloons like 
those present, [bloody, found in the house of the deceased.]—Prisoner speaks 
English language tolerably well—has been ten or twelve months in Baltimore, and 
has understood from himself that he has been ten years in the United States—has 
also understood from prisoner that he married in Savannah.

Nicholas Beauclerc, sworn—[the principal testimony of this witness has been 
given before the examining court.]—Was present when Lagoardette applied to Mr. 
O'Neil to make his pantaloons, but did not hear him give directions about any 
particular fashion or manner in which he wished them made—Had been acquainted 
with Lagoardette (this was the name he now called him) for some time.

Mrs. Duesberry, sworn.—Saw two men pass her house on the day of the murder about 
two o'clock, p. m. [Mrs. D. lives not exceeding one hundred and sixty yards west 
from, and in full view of, the house where the murder was committed,] one of the 
men was the prisoner—had never seen them before nor since—they came up 
Cumberland street, and passed witness' house very quick—saw no baggage or 
burthen of any kind about them.

[24] W.D.Young, sworn.—About two o'clock, on Tuesday, 20th March, was coming 
from Armistead's Rope walk, and near Mrs. Duesberry's, met two men, apparently 
foreigners, one of whom was the prisoner, walking towards Potter's field.

Mr. Jordan, sworn.—Resides about four miles in the country, on Tanner's Creek—
The next morning after the murder was committed in Norfolk, a little before 
sunrise, saw two men, one of whom was the prisoner, come out of a pine thicket 
near witness' house, where witness supposed from their appearance they had been 
asleep, one of whom inquired if a ferry was near, and appeared to be very 
unquiet, fatigued and restless, frequently turning his head first to one 
direction and then to another—the prisoner inquired the road to the ferry and 
then again the road and distance to Norfolk, as they said they wished to get to 
Norfolk—Witness gave them every information they asked for, and they started 
with the appearance of intending to go to Norfolk; but when they had turned a 
piece of wood, and supposed out of view of witness (witness is compelled to 
think so from their conduct,) they took the path which led to Bowdoin's ferry; 
which witness perceiving, immediately pursued and reached Capt. Shuster's in a 
short time after they did—[The men, however, had applied to Mrs. Shuster, (Capt. 
S. being absent,) to have them set over the creek, and witness came up while the 
boy was in the boat in the act of setting them across.]—Witness informed Mrs. S. 
of his suspicions, that the two men were the murderers, and advised her to order 
the boy with the boat back; but the men would not suffer him to return, and one 
of them evinced great apprehension of danger, by frequent jumping up and sitting 
down in the boat, while Mrs. S. was giving instructions for its return.

John Wilson, sworn—Capt. Shuster called at witness' house on Wednesday night—
(21st March) for him to go in pursuit of the two men who it was supposed had 
committed the murder in Norfolk the day before—witness started with him, and 
about sunrise next morning, on what is called Lavender Point, a point projecting 
out from Sewell's (the main point) saw two men,one of whom was the prisoner, on 
the beach— witness rode up to them and inquired what they were doing? The answer 
was, and pointing towards Hampton Roads at the same time "Fransch frigat." 
Witness informed them, (the other companions of witness coming up at that time,) 
that they must unbutton their clothes, that he might see whether or not they 
were armed, which they were not, the party [25] then took them (they expressing 
a willingness to "give up,") and brought them to Norfolk.

A witness residing in Norfolk, sworn. —Stated, that Friday, sixteenth of March, 
was a very warm day, for he well recollects that himself and friend, walked 
round over the bridges from Norfolk to Portsmouth on that day, and that about 
eight or nine o'clock that night it came on to blow, rain, hail and snow, and 
the next day (Saturday) the weather was very cold indeed; and that he 
particularly recollects during the storm on Friday night, he saw a considerable 
fire on Portsmouth side which he at first thought was a fire in the town, but 
afterwards ascertained it was bushes at the back of it. [A witness, William 
Gleeson, who had been examined on oath, turned suddenly round to a gentleman who 
was sitting near him on hearing the circumstance of the fire in the rear of 
Portsmouth mentioned, and something which the court overheard and called upon 
him to explain.] Gleeson stated that the mentioning of the fire in the rear of 
Portsmouth had reminded him that it was the day after that fire that the two men 
had called to get the helve for the axe, he had certainly been mistaken before 
as to the day of the week, and he now well recollected, that it was as he was 
going to church the next day, Sunday, that he saw the two men crossing the field 
near the house where the murder was committed, and that it was snowing at the 
time. [The circumstance as to the weather was ascertained to be a fact.]

W. B. Lawton, sworn.—Recognizes the double barreled pistol, and knows it to be 
the one found among the other articles in the house of the deceased.

Doct. R. Jeffery, sworn.—On Sunday night previous to the murder, three persons 
came to his shop to purchase some sarsaparilla—not not recognize the prisoner as 
one of them—sold them some—saw some sarsaparilla in the house where the body 
lay, and a decoction of some in a tin bucket, which witness ascertained to be 
that, by stirring it round with one of the knives, and finding sarsaparilla at 
the bottom of the bucket. Water in the bucket was also bloody.

John H. Blamire, sworn.—Three men came to Jeffery and Galt's shop on Saturday 
night previous to the murder to purchase some sarsaparilla—the prisoner was one 
of the persons, he asked for it in English and handed it to a smaller person, 
who paid for it—it was probably about half an hour after candle light when they 
applied.

[26] Josiah Cherry called again.—Stated that on examining the fire place, he 
found among the cinders a cake, like one which burnt clothes of woolen would be 
likely to form, it crumbled to pieces on disturbing it—Cannot say whose shirt it 
was he discovered the blood on.

Ann Barrett called again.—About twelve o'clock on the day of the murder saw a 
very large smoke coming out of the chimney, it was of a blackish cast, and she 
could not help taking notice of it—her house was so situated, that she could 
have seen what was transacting in the room where the dead body was found; had 
there not have been curtains up at the windows.

The examination of the witnesses closed about five o'clock in the afternoon. 
Their evidence was then summed up by Gen. Taylor, in a lucid and masterly speech 
of two hours and an half, in the exordium of which he admonished the jury to he 
cautious and deliberate in weighing the testimony before them, and not in any 
respect to suffer their passions to be influenced by any report that might have 
been put into circulation, which the testimony of the witnesses had not 
established.—After Gen. Taymor had recapitulated the facts deposed to, he was 
followed by the prisoner's counsel, Messrs. Allmand and Maxwell, in a strain of 
chaste and manly eloquence that riveted the attention and commanded the 
admiration of the numerous auditory, and which was not less honorable to 
themselves than gratifying to those who heard it.

About twelve o'clock at night the jury retired, and in ten minutes returned with 
a verdict of "Guilty of Murder in the first degree."

The prisoner heard the verdict of the jury with nearly as much sang froid as he 
had evinced during the whole of the trial, and appeared very little more moved, 
by any thing like a thought of what next awaited him, than he probably did while 
assisting in dissecting Lagoardette.

The jury were all men of respectable standing in society, and not of that cast 
that are led away by common report unsustained by evidence, or who are overcome 
by prejudices—but waited, with the most patient anxiety to hear the testimony of 
the witnesses, the arguments of the counsel, and the instructions of the court—
indeed, perhaps no jury ever merited more applause—(and one of the counsel for 
the prisoner paid them that compliment,) for patience and a desire to do a 
prisoner and their consciences justice, than did this.

[27] The prisoner was then conducted back to the jail, and after entering the 
apartment assigned for him, and while preparing to put on his irons, the jailor 
in searching him, as he had been accustomed to do, found a large pair of 
scissors secured with a string to the calf of, his leg, and so closely pressed 
into the flesh, that it appeared miraculous how he could so long have endured 
the pain which must have been the consequence of the pressure of such an 
instrument, especially as one of the bows had been broken off to prevent it from 
projecting beyond the side of the leg and thus disclose the secret of his having 
instruments about him. —Whether these scissors had been secured there before he 
was apprehended, or whether an accomplice had placed them there in the night 
while the prisoner was at the bar, is not known, nor has the prisoner stated.

Friday, the thirteenth April, was the day fixed upon for the trial of the other 
prisoner, Manuel Philip Garcia—on which day he was brought to the bar about 
eleven o'clock. The forms with respect to this prisoner were the same as those 
in the case of Castillano, as they were both included in the same bill of 
indictment. The same counsel were employed, and, the same evidence given in by 
the same witnesses.—The jury of course was composed of different persons.— Their 
names were, W. K. Mackinder, G. Ott, A. Taylor, senr., J. Christie, S. Hodges, 
J. Croel, R. Fentress, A. Adams, T. Carney, T. Emmerson, J. Granier, and R. 
Chapman.

The receiving of evidence occupied the Court from twelve until five o'clock in 
the afternoon; and the pleadings were not concluded until one o'clock the next 
morning. The jury then retired, and after an absence of precisely six minutes, 
returned and rendered a verdict of "Guilty of Murder of the first degree."

The prisoner on learning the purport of the verdict exhibited a considerable 
degree of emotion, not so much, as it appeared the effect of grief and despair, 
as of chagrin and disappointment, the result of a fallacious confidence he had 
all along indulged in the inefficacy of our laws to punish capitally upon 
presumptive evidence.—Not so much from a disposition to doubt the justice of the 
verdict, as from the failure of the able counsel he had employed to effect his 
acquittal.

These trials afford a truly gratifying evidence of the admirable structure of 
our system of jurisprudence, and of the fair and impartial administration of the 
laws in our Courts of Justice. The unhappy men who have just been tried were 
taken up and committed to jail under circumstances of almost unheard of 
atrocity, [28] calculated to inflame the public feeling with horror and disgust, 
yea with even vengeance itself. Facts are disclosed previous to their trial 
which stamp their characters and occupations with infamy—in a word they are 
foreigners, scarcely known in our country but by their crimes; and, in the 
opinion of every honest mind, meriting a violent and ignominious death.—Yet see 
these men brought before the tribunal of our Court—there they are recognized as 
in the robes of innocence—there every indignant feeling, every prejudice, and 
every sentiment of abhorrence gives place to paternal tenderness and unwavering 
impartiality. Juries composed of men of character, intelligence and unbiased 
feelings are summoned to try their cause—counsel of the first standing are 
employed to defend them—even their prosecutor is the guardian of their rights, 
and will not permit their cause to be prejudiced by any informality. The 
evidence is detailed and commented upon—the law is expounded and illustrated—
laborious research and critical acumen are indefatigably employed in the 
investigation; and time and comfort and convenience, are unheeded while a ray of 
light is left to be elicited, or a doubt remains that the letter of the law and 
the demands of justice have been strictly and religiously complied with. Upon 
the termination of such a process of investigation, so conducted, justice, and 
no more nor less than justice can ensue. It is upon such a process that these 
unhappy individuals have been found guilty of a crime for which, even by our 
mild and humane laws, their miserable lives are forfeited.

On Monday, 23d April, the day preceding adjournment of the Court, the two 
criminals, Castillano and Garcia, convicted of the murder of Peter Lagoardette, 
were brought to the bar to receive the awful sentence denounced by the laws both 
of God and man against the most horrid and unnatural crime of which they had 
been found guilty.

This solemn ceremonial had been postponed from the preceding Saturday, at the 
request of the counsel for the prisoners, in whose minds there had arisen a 
question as to the formality of the bill of indictment; but the result of their 
deliberations was a conviction of its entire legality, and no motion was put in 
for an arrest of the final judgment.

At one o'clock his Honor, Judge PARKER, proceeded to discharge the high though 
painful duty imposed on him by the law, of pronouncing the stern decree of 
Justice, by an address to the prisoners, at once eloquent, pathetic and deeply 
impressive; the effect [29] of which was strengthened by the appropriate 
solemnity of his manner of delivery. The awful assurance of their fate, however, 
produced no visible alteration in the countenances of the criminals. Both 
declared their innocence, but without any appearance of that deep emotion and 
restless anxiety which men really innocent, or even the guilty, if not rendered 
callous to every natural feeling, might have been expected to evince on so 
trying an occasion. But hardened and crime-blackened wretches like these must be 
unsusceptible of the influence of human feelings—Inured to the perils of a 
criminal course of life—conscious of their guilt, while protesting their 
innocence, and sensible of the justice of that decree which dooms them to the 
gibbet, the sentence of the Court was regarded by them as a thing of course, as 
a result to be expected, and therefore possessing none of those appalling 
attributes which strike terror to hearts less callous, than their own.

The following is the address delivered by the Judge,

Joseph Garcia Castillano and Manuel Philip Garcia,

I am called upon to perform a most painful but necessary duty. A duty which for 
the first time in my life my official situation compels me to discharge! 
Although for nearly four years I have presided over this Judicial Circuit, and 
during that period have unhappily witnessed the arraignment and conviction of 
many culprits, yet such is the humane tenderness of our law, that the 
established guilt of no one of them, has touched the life of the offender. The 
awful punishment of death, has been reserved by that law for a very few crimes, 
of deep and dangerous malignity, indicating a heart wholly depraved and utterly 
regardless of social duty—Among which is the crime of wilful, deliberate and 
premeditated murder. Of the commission of this crime, under circumstances of 
peculiar atrocity, each of you stand convicted; and you have now been brought to 
the bar of this Court, to hear pronounced against you the stern but just 
sentence, which, throughout the whole world, follows such conviction, and which 
man has awarded in obedience to the commands of his Creator.

No, circumstances can make me cease to regret the necessity I am under of 
pronouncing your condemnation, but there are several in your case calculated to 
reconcile your Judges to the fate, which, through their instrumentality, 
inevitably awaits you.

The principal one is the certainty of your guilt and its crying enormity. 
Besides the confession of one of you, which was not admitted to go to the jury, 
the proofs against you were strong, abundant, [30] irresistible. If they were 
not, technically speaking, positive, they could scarcely be called 
circumstantial; or, if circumstantial, of that nature which raises a violent 
presumption, oftentimes equal to full proof. Nor did this presumption arise out 
of one, but out of many facts established by direct evidence; all of them, 
singly, affording strong assurance of the justice of the charges against you, 
and when united perfectly conclusive. They proved beyond a single rational 
doubt, that actuated by some infernal passion, you committed a shocking and 
barbarous murder upon the body of Peter Lagoardette, and that afterwards, to 
prevent detection, with a savage ferocity scarcely less revolting to human 
nature than the murder itself, you butchered and burnt his yet warm and 
palpitating limbs. The scene of this bloody and diabolical transaction was a 
house in the thickly settled part of our town, and the time, day. In such a 
place, and with the light of heaven shining full upon you, you dared to commit 
the blackest in the catalogue of human crimes; and instead of flying with 
instinctive horror from the appalling spectacle, you remained to consummate your 
wickedness, until fear compelled what conscience could not. Your victim, there 
is too much reason to believe, was your associate in many acts of villainy and 
deserved to die; but not by your hands, nor in that cruel, sudden manner.—
Although he was a thief and a robber, your crime is not the less; for you are 
yourselves, as the circumstances of your trial prove, thieves and robbers; and 
the same disregard of all laws, human and divine, which made you so, prompted to 
this last act of unparalleled wickedness. But thus it ever is with those who 
leave the straight forward path of rectitude. They begin with fraud—they pass 
imperceptibly to theft, rapine and robbery—and they end with murder.

Another circumstance which ought to lessen the regret of all concerned in 
bringing you to justice, is, that in the investigation of your case the spirit 
as well as all the forms of the law have been complied with.—Although 
foreigners, you have had every benefit which could have been extended to the 
most distinguished of our citizens. You have been tried by unexceptionable 
juries, and convicted, not without the concurring testimony of all the 
tribunals, which, in our country, are placed as safeguards over the life of man. 
And you have been defended with a zeal and ability which did equal honor to the 
heads and hearts of your counsel. Notwithstanding the prejudices which had been 
so naturally excited against you in the public mind: notwithstanding the horror 
which thrilled this whole community when the mutilated trunk and burning limbs 
of Lagoardette were discovered; notwithstanding each successive [31] day added 
some new circumstance to the proofs of your connection with that transaction, 
and thus kept alive public feeling and indignation; yet gentlemen were found who 
could stifle, if they could not extinguish, those sentiments in their own minds; 
who interposed themselves fearlessly between you and the torrent which might 
have overwhelmed you; who invoked and obtained for you a patient and candid 
hearing; who covered you with the ægis of the law, and urged in your behalf 
every circumstance and every argument that the facts of your case justified. I 
rejoice that they did so. I expected no less from a profession distinguished for 
its humanity, its generosity and its sacred regard to constitutional rights—and 
I have not been disappointed.

But even your counsel found it impossible to deny the fact of your killing 
Lagoardette. They contended only, that because the commonwealth could not prove 
express malice, or a long-settled, predetermined plan to perpetrate the deed, 
the jury could not infer it from the circumstances, and must therefore find you 
guilty only of murder in the second degree, under our act of assembly. The legal 
opinion which this argument drew necessarily from the court on the true 
construction of that act, I have reviewed carefully and anxiously; and I rest 
upon it with the utmost confidence. If there had been any thing in it to doubt, 
your counsel knew how to avail themselves of the error, and the opportunity of 
carrying your case to the highest criminal tribunal would not have been lost. It 
was their duty to take care that you should not be condemned “except by the law 
of the land,” and faithfully have they performed that duty.

Every thing, therefore, in your case conspires to shew that you are fit objects 
of the punishment denounced against murderers in the first degree. The law and 
the facts are equally clear, and nothing remains for me, previous to passing 
your sentence, but to conjure you most earnestly to prepare for DEATH!—Your 
earthly career must soon terminate. God forbid, that by any expression of 
opinion I should forestall executive mercy! but duty to state my convictions, 
that you have nothing further to hope from man in this world. Be not deceived by 
any vain confidence—Be not flattered by any vain hope. You are separated from 
eternity by a narrow isthmus, and over that you will soon pass—prepare then for 
death. Oh, prepare for that awful moment by a timely disclosure of your crimes, 
by repairing as far as you are able all the wrongs you have done, and by a 
contrite and unfeigned repentance. At present, according to the feeling remark 
of your counsel, if you are unfit to live, you are equally unfit to die. [32] 
But the law is tender and humane to the last. It gives you some time to endeavor 
to repair the injuries you have done to man and to make your peace with God. It 
may be, that his mercy will even extend to a late, and unchosen repentance. 
However improbable, it would be presumption to deny the efficacy of sincere 
repentance in the latest moments of life, and in so desperate a state, apparent 
impossibilities are worth attempting. The thief upon the cross was pardoned, and 
whilst that instance of mercy remains on record, man ought not abandon himself 
to despair. Once more then, I conjure you to reflect, that you are already cut 
off from all the hopes, fears and business of this life, that you are dead to 
the world and its concerns, and that, you, will soon have to answer at the bar 
of heaven for the crimes committed in the flesh. God grant, that you may in the 
short interval, between this and your execution, so employ your time, as to 
obtain forgiveness for those crimes.

The sentence of the Law is,

That you, Joseph Garcia Castillano, and Manuel Philip Garcia, shall be returned 
to the jail of Norfolk County, whence you came, and that on Friday, the first 
day of June next, you shall be taken thence by the Coroner of the same County, 
acting as Sheriff to the common place of execution, where, between the hours of 
ten o'clock in the forenoon and four o'clock in the afternoon, you and each of 
you, shall be hanged by the neck until you are dead, and God in his infinite 
goodness have on your souls.

As soon as the sentence of death was pronounced upon the miserable culprits, 
they were conducted back to prison, and confined in irons, in separate 
apartments, as they had been before.

And now, having brought the proceedings down thus far, and kept in view each 
object that was immediately connected with the horrid affair, a little 
digression, by way of illustrating the subject and to show the ingenuity and 
depravity of the two men, Castillano and Garcia, as well as to show the 
interference of Providence, in discovering to those persons who had sustained 
losses by them, where their property could be found, it will not be amiss, 
perhaps, to state some of their transactions in Baltimore and Philadelphia.

In consequence of a letter of Castillano, [see Appendix B.] and the letter of 
the Mayor of Norfolk to the Mayor of Baltimore, which accompanied a copy of 
Castillano's letter, search was made in the houses there designated, and 
property to a considerable amount, and keys of various descriptions, were found. 
They were all deposited in the Mayor's office in Baltimore, and notice thereof 
publicly given, that those persons who had sustained losses by [33] robberies 
might call and examine the articles, and if possible prove their property. *C. 
A. Trincavelli & Co. of Baltimore, found goods in value to upwards of a thousand 
dollars, which had been robbed from their store by means of false keys, on the 
night of the 10th December last—and James Watson, of Philadelphia, also found 
watches, jewelry, &c. to the amount of a like sum, of which he had been robbed 
in like manner on the night of the 31st of January, 1820.—Mr. Watson's case was 
rather a delicate one; for the robbery had been committed at a time when he had 
just commenced business, and as it was in amount between two and three thousand 
dollars, some of his creditors were disposed to say, or insinuate, or some other 
persons were for them, that he had robbed himself, that he might thus be 
deprived of the means of complying with his engagements.—Mr. Watson was 
determined, however, to satisfy the public in time. (for he felt such a 
presentiment,) how ill-founded were those ungenerous suspicions; and especially 
as he had a young and growing family, that were likely to suffer by the 
imputation, his feelings were most seriously preyed upon. As soon as he heard of 
the murder in Norfolk and the various keys &c. that had been found, he hurried 
away from Philadelphia, for the express purpose of ascertaining if some of his 
property might not be among the watches and jewelry that had been discovered. On 
his way through Baltimore he was informed, that a trunk or two containing such 
articles as he had lost, was in the Mayor's office, at which he immediately 
applied, with his printed advertisement dated in February, 1820, minutely 
describing the articles, and to his great joy found several hundred dollars 
worth—He also found ear and finger rings actually in wearing by some of the 
members of Castillano's family; of all which he possessed himself. On his coming 
to Norfolk, he made further discoveries of his lost property, to the amount in 
the whole exceeding fifteen hundred dollars.—On being permitted to visit the 
prisoners, and inquiring of them relative to the manner in which they became in 
possession of the goods, Garcia said he knew nothing of the matter, but 
Castillano said they purchased them from Lagoardette. [See Appendix C.]

*Called by Castillano in his letter Trincabello.

Mr. Trincavelli also came to Norfolk, and found considerable property of his, 
which the murderers had not yet disposed of.—Mr. Trincavelli, it appears, was 
intimate with Garcia, and could speak the Spanish language. The next day after 
his store had been entered and robbed, Garcia called in to inquire into the 
particulars of his loss, to sympathize with him, &c. and actually offered him 
the loan [34] of twenty-six doubloons, in case he needed them, to meet his 
engagements.

In the garden of the house on President street, Baltimore, which was occupied by 
Garcia, a number of keys were found, one of which opened the door of Mr. 
Gillespie's lottery office, which had been entered and robbed of money, lottery 
tickets, &c. to the amount of several thousand dollars, on the night of the 
eighth September last.

By a reference to Appendix (B.) it will be perceived, that one of the murderers 
at least, and the murdered, had been engaged in robbing a French woman of a 
considerable sum of money, about the fifteenth February last, at a boarding 
house in the Marsh Market, in Baltimore, called Opperman's. This woman's name 
was Amelia Mazurel. The money taken from her was all in gold and silver coin, 
and amounted in value to about eleven hundred and fifty dollars—the pieces were, 
forty-four doubloons, twenty-two ducats of Holland, twenty-two louis d'ors of 
Hesse Cassel, two small Spanish pieces, two pieces of twenty francs, and one of 
twenty-four francs, all of gold, and two hundred and fifty dollars in silver.—It 
was, doubtless, with a view to discover whether Lagoardette had not been engaged 
in this robbery, that the constables visited Garcia's house on the eighteenth or 
twentieth February, [see Appendix A.] and opened and searched his trunk; and not 
succeeding as they probably expected, they apprehended another man, a German, 
who boarded at the same house, named William Berger, who was indicted by the 
jurors of the state of Maryland for the body of the city of Baltimore, for the 
above robbery, and the indictment endorsed, “true bill, Henry Brice, foreman.” 
Berger's innocence, however, was afterwards established, by the confessions of 
Garcia and Castillano, and no one appearing against him to prosecute, he was 
discharged from prison, after a confinement of about three months.

Attempts were frequently made by gentlemen, who occasionally visited the 
prisoners, to engage them in conversation on the subject of their robberies; but 
they always ingeniously evaded a direct answer to any question that was put to 
them, or shielded themselves by throwing the guilt upon Lagoardette. Garcia, who 
could hold no converse with Castillano, frequently accused him of being the 
perpetrator of robberies, and Castillano transferred the act of which Garcia 
accused him, to the deceased—and “the dead could tell no tales." They both 
stated, that the keys found at various times, and in different places, belonged 
to Lagoardette, and had been concealed by him; and, that the most important 
robberies had by him also been committed. Several stores had been opened by him 
in New- [35] York, Philadelphia, and Baltimore; and in the latter city a lottery 
office, but what amount had been taken from it, or the description of the 
plunder, they knew not, or pretended not to know; but the key which had opened 
it was concealed among a parcel of others, and was the largest probably in the 
parcel—at all events, when found, would unlock the door with ease. These 
declarations, however were all made verbally, and it was in vain that an attempt 
was made to get a certificate from them to establish these declarations, further 
than those contained in the Appendix.

On the subject of Lagoardette's murder, Garcia never appeared willing to 
converse—if he could evade an answer by a shake of the head, or a shrug of the 
shoulders, it was well; but when pushed for a reply, it was always Castillano 
who had killed him. Castillano as studiously persisted in his innocence of 
Lagoardette's death—perhaps, meaning, that the death-blow had not been given by 
him; and that in subsequently assisting in butchering him, he might conceive, 
that he could, with propriety, say he had not killed him; or, that he was 
innocent of his death.

The confinement of these men, however, although the period at which they were to 
leave the world was fast approaching, appeared to make no visible impression 
upon them, they continued to converse with those persons, who occasionally 
called in, by permission of the officers, under whose charge they were, to see 
them with as much coolness as if they had been enjoying every blessing of 
liberty, and had never committed an offence in their lives—their minds were 
completely callous to every sense of feeling—crimination and recrimination were 
their favorite subjects; and to judge of their characters from the evidence that 
each gave, there could be no doubt but they had a thorough knowledge of each 
other, and that their lives had been as wicked and offensive as it were possible 
for the human mind to conceive.

On the 7th of May, Garcia made his will, in which he appointed his brother, who 
lives in Havana, his executor—his property, which he made to consist of several 
thousand dollars, he bequeathed to his two children, a son and daughter, (who 
are illegitimate) and who also reside in Havana. Castillano made a will also; 
but not, perhaps, in as legal a form as Garcia's; the latter being a scholar, 
and educated for the practice of the law, was very cautious, in all his writings 
to preserve every form and technical term that was necessary to introduce. In a 
letter, which Castillano was permitted to send to Garcia, he made out a schedule 
of debts which he owed in Baltimore, (for the security of which he had pledged 
property) [36] by which it would appear that he was a poor man.—However, this 
might all have been a stratagem, to induce the belief that he was also an honest 
one, that he might thereby avoid suspicion.—[This letter will be found in the 
Appendix at the close.]

According to their own accounts, these two men were born in Havana. Castillano 
was upwards of forty-nine years of age; had lived about ten years in the U. 
States, having settled in the first place at St. Mary's, in Georgia, where he 
kept a shop—he afterwards moved to Savannah, where he has occasionally resided, 
until within a couple of years, and where he married.—While in Savannah, he was 
engaged in the manufacture of tobacco and segars, and had in his employ six 
persons, whose names he has furnished, and who were (if Garcia's account of 
them, although he had never seen them, be correct,) accomplices of Castillano in 
villainy. The names of those persons given by Castillano, it is not considered 
prudent to introduce here—the proper authority will be put in possession of 
them. Castillano farther states, that while he lived in Savannah, upwards of two 
years since, he was taken up and committed to jail on a charge of robbery, of 
which, however, he was innocent, as it was proved in the sequel—for a Spaniard, 
named Antonio Alva, was afterwards apprehended and convicted for the offence, 
and sentenced to ten years confinement in the penitentiary, or state prison, and 
Castillano was acquitted. Castillano afterwards moved to Baltimore, where he has 
since continued to reside.—Garcia was thirty-seven years of age on the 26th of 
May, (1821;) was born of wealthy and respectable parents—has two brothers now 
residing at Havana, one of whom is a lawyer, and is well known by a gentleman 
now living in Norfolk; the other incidents of Garcia's life are known no more 
than what he himself has thought proper to disclose, which will be found in the 
Appendix.

A few days before their execution, the Rev. Bishop KELLY called at the prison to 
see and converse with the prisoners; but so perverse were they in all their 
declarations, and so little disposed to enter upon serious and religious 
subjects, that the Bishop left them with little hopes of there ever being a 
change effected for the better.—Garcia frequently declared, during his 
confinement, that when life would terminate with him, so he believed would 
terminate every species of his existence; that he had no idea of a future state, 
and once had hardly that of the existence of a Supreme Being!!—He certainly had 
a different belief, however, some days previous to, and on that of his death.—
Castillano always [37] held out the idea that he should return after death; and 
was determined, in the event of that being the case, to convince the Court, 
Jury, and every believer in his guilt, that he was innocent. He had, however, an 
idea of religion, but it was a very perverted one—for a man to have so many 
evidences of the crime of murder as was found upon him when apprehended, 
independent of the testimony of the many witnesses who were introduced, proves 
of how little value he estimated truth, even in his latest moments, when he 
persisted in the denial of the murder of Lagoardette—but it must have been the 
effects of an improper education, or erroneous principles, inculcated by the 
most vicious of mankind, in some stage of life when the mind was susceptible of 
receiving those principles without mature reflection. For, is it to be wondered 
at, that a man should persevere in a falsehood, even to the last minute of his 
life, who would be serious in the belief that he should return to the world 
again immediately after death, and by testimony, which he should bring from 
beyond the grave, convince every body that he had been unrighteously judged?—
certainly not.

On the day previous to their execution, both the prisoners remained closely 
engaged in reading devout books—indeed they had never been without the reach of 
some pious book during the whole of their confinement, and were occasionally 
employed in poring over them —Garcia complained, however, that he could not 
sleep any the night previous; and although he had been indulged with a 
considerably larger portion of ardent spirits than usual, yet the opiate 
property was lost to him. Castillano was quite tranquil and firm, laughing at 
times as jocosely as if he had been at a banquet. But they both expressed a 
willingness to die, and only regretted that the time was not then; particularly, 
Garcia said, as it would then prevent him from suffering another night. The 
Bishop called in the course of the day, and had considerable conversation with 
them; and promised to call again the next morning at eight o'clock, to 
administer to them the sacrament, if he could discover any contrition, or any 
change in them less contradictory than he had lately been accustomed to notice.—
He then commended them to God, and left them.

Early on the morning of the execution, the Bishop went to the jail, and on 
entering the apartment of Garcia, found him extended on his back upon the floor, 
with his eyes starting from their sockets, and every symptom of insanity 
apparently manifest; his handkerchief lay upon the floor near him, with a knot 
at one corner of it, and under his chin was a red mark, which would have jus- 
[38] tified almost any person in believing that the poor miserable creature had 
been attempting to strangle himself. After some short conversation with him, 
however, the Bishop felt satisfied of the propriety of administering to him the 
sacrament. Having performed his duty towards Garcia, he next visited the 
apartment in which Castillano was confined. Castillano was quite tranquil and 
unconcerned at the awful fate which awaited him; and as the Bishop administered 
to him the sacrament also, he too, undoubtedly, confessed to him, in a manner 
which met the Bishop's approbation. About ten o'clock, the people began to 
collect in street in front of the jail; a guard, composed of captain Jarvis's 
company of riflemen, was placed before the house to prevent the crowd from 
collecting too close, and to be in readiness to guard the prisoners when they 
were brought out.

At half past ten, Castillano's irons were knocked off, and he brought into the 
jail yard—no alteration in his appearance had yet been visible—he refused his 
coat, preferring to be executed in his shirt-sleeves, his outer upper garment 
being a waistcoat, Garcia, a little before the ceremony of knocking off his 
irons commenced, appeared much distressed—his countenance assumed a most horrid 
and terrific cast—his features distorted, and not a nerve but what appeared 
convulsed: at length he asked for a glass of spirits, which was given, and he 
soon after became composed. As soon, as his irons were off, he was conducted 
down stairs and into the jail yard with Castillano—on their meeting, they shook 
hands, and Castillano observed in broken English, although it is believed that 
Garcia did not understand him, "I forgive you, Garcia; I hope you will pardon 
me.” Garcia nodded assent—and they entered into an apparently uninteresting 
conversation in Spanish, which was so low that they were not understood, Garcia 
had put on his surtout, and had the frontispiece of a Spanish prayer book 
secured to the bosom of his shirt, on which was a crucifix, around which, and 
upon the back of the leaf, he had scribbled a few words, something like an 
ejaculatory prayer. At eleven o'clock, the cart, containing their coffins, was 
brought to the front door, and the prisoners being notified, that it was time 
that they should start for the place of execution, it was left optional with 
them either to ride in the cart, or to walk in the rear of it—they chose the 
latter, On their way to the gallows, which stood in an old field about half a 
mile in the rear of Portsmouth, they were accompanied by the Rev. Bishop Kelly 
and the Rev. Mr. Walsh, with whom they were engaged in constant and earnest 
conversation, until they reached the fatal spot. The sight [39] of the gallows 
appeared not in the least to intimidate them: Castillano surveyed it with an eye 
of scrutiny, and then looked round among the numerous spectators, (probably 
three or four thousand) which the occasion had caused to assemble. Garcia 
appeared rather more wrapped up in thought, and seemed not to notice any event 
that was passing. The Bishop and Mr. Walsh having performed their other duties, 
concluded by a fervent supplication in their behalf to the Throne of Grace.—The 
cords being prepared, A. Emmerson, esq. the coroner, acting as sheriff, and Mr. 
Bernard, the Jailer, both of whose sympathy for the condition of the poor 
miserable creatures, appeared to be more keenly excited than that of the 
prisoners for each other, informed them that they must mount the scaffold—which 
they both performed with alacrity. Mr. Bernard then informed them, that if they 
had any communications to make, there was time allowed them; but if they were 
ready, he would proceed to the next performance of his duty. They both declared 
their readiness now to leave the world, as they had very little further to say 
or perform. Garcia accordingly handed to Mr. Henry a letter, mentioned in the 
Appendix, page 24, dated May 30th. Castillano had prepared two or three 
documents which he had got translated, and which, he said, he intended to read, 
but he never made use of them—they were all in substance the same; one of them 
will be found at the end of the Appendix. He contented himself by speaking only 
a few words, which were as follows:

"I wish to make a declaration for the public satisfaction—I know that I am now 
to die! I know that I cannot be pardoned here! I know that although I am now 
alive, I am dead! I die innocent of this man's death! —I put my trust in God, 
who can pardon me. I forgive everybody—I die in peace!—Good bye, all!!!"

Dr. Griffith, of the Methodist church in Portsmouth, who had also closely 
attended in the rear of the unfortunate men, on their way to the ground, asked 
permission to address the assembled multitude, on so important an occasion; the 
request was readily granted, and the two prisoners, with their arms now 
pinioned, sat down upon the scaffold, with their feet resting upon their 
coffins. Dr. Griffith's, exhortation was very appropriate, and truly pathetic—he 
called the attention of the numerous spectators to the melancholy scene non 
before them—two men in the prime of life and health, just upon the brink of 
eternity! but a few moments, and they would be no more! How awful was their 
situation. and how deplorable was it that vice should have made such progress in 
the world, as to allure from the commission of one crime to that of another, 
until the subject should [40] ignominiously terminate his life in the manner 
that it was now presented to us! Dr. Griffith ascribed the prime cause, or 
rather the first vice, to that of bad company; and strenuously exhorted parents 
to bring up their children, if not in a religious, at least in a moral 
observance of their duty, as the only means to guard them against the inroads 
which sin was calculated to make. To the young his discourse was also equally 
well adapted—he called upon them, as children, to obey their parents; and to the 
older, to abstain from vicious habits and bad company, least, however 
respectable might be their family, as he was informed was that of one of the 
unfortunate men now before them, they might also be brought to a like shameful 
end. Dr. Griffith concluded with a prayer, in which he most ardently besought a 
divine blessing upon the two men who were just about to appear in the presence 
of their God.

The indifference and insensibility, however, which were manifested by Garcia and 
Castillano, even in this seemingly trying moment, were in accordance with their 
demeanor generally while they remained in prison—for, as they treated with 
levity the proffers of spiritual aid while in confinement, so did they as little 
regard, apparently, what had been said to them now. Whatever might have been the 
inward workings of their souls and consciences at this trying period, it is 
certain that they met their fate with a coolness and fortitude worthy of a 
better occasion: as an instance of this, while the officer was adjusting 
Garcia's knot, his feelings causing him to perform the ungrateful task rather 
awkwardly, Castillano directed him in what manner to fix it so as to take 
effect, and then pointing to his own neck; gave the same direction for himself!

At twenty-five minutes past twelve o'clock, the scaffold was removed, and the 
two men dropped! They died with scarcely a struggle—there appeared to be little 
or no difference in the length of time in which they were expiring.—A physician, 
who continued by them until pulsation with both had ceased, has said, that it 
was just twenty minutes from the time they dropped until that period.—At two 
o'clock they were cut down (having hung an hour and thirty-five minutes) and 
buried under the gallows.

______

[1] APPENDIX

(A)

[The following Confession was made by Manuel Philip Garcia in the Mayor's 
office, on the 28th March, in the presence of John E. Holt, esq. Mayor of the 
Borough of Norfolk, and James Nimmo, esq. Attorney for the Commonwealth. The 
Confession was not sworn to, neither was Garcia required to make one; but he had 
declared it to be his wish to hand in a communication; and on consulting the 
Attorney for the Common-wealth, the Mayor gave instructions that Garcia's 
manacles should be knocked off, and he be brought from the jail to his office, 
which was accordingly done.]

CONFESSION OF GARCIA.

[Translation.]

On the 30th March, 1820, I sailed from Porto Rico in the American schooner Zeno, 
the captain's name I do not remember, bound to Philadelphia in company with two 
Spaniards, Don Pedro Taboida, and Don Antonio Blanco, the former captain, and 
the latter pilot, of a Spanish schooner, and arrived there on the 17th April 
following, and boarded with Madam Fillesbe, South Second street. I left 
Philadelphia on the 20th for Baltimore, and arrived there the day following with 
my companions above named—their intentions being to purchase a schooner. We all 
went to board with a Frenchman named Guillemont, near the new bank. In about six 
or eight days, Don Pedro and myself went to take a walk, and passing up High 
street met with Jose Demas Garcia Castillano. I was acquainted with him in 
Havana, and after exchanging civilities gave each other the places of our 
residence.

Some days after, Castillano met me in the street, and pressed me to go with him 
to his house, where I was introduced to his wife, mother-in-law, and children. I 
continued to live with Gilmont for three months, during which time I was often 
with Castillano. Don Pedro and Don Antonio in the mean time purchased a 
schooner, and loaded her with flour, with a view of going to Europe, but they 
afterwards changed their minds, and determined to go to Porto Rico. I did not 
feel disposed to go with them, and took a house with the intention of waiting an 
opportunity of getting a passage to Spain. I kept this house about two weeks, 
and afterwards hired rooms over the residence of Castillano; but as the price 
was too high I [2] remained there only about a month, and then took other 
lodgings.–Two or three days after, a Spaniard from Biscay, named Ramont Larondo, 
came to live with me, and continued to live with me for two months, and 
Castillano continued to visit us frequently. Castillano told me he was 
acquainted with a Frenchman named Peter Lagoardette.

Three months after this, Lagoardette arrived in Baltimore from ____, and I was 
introduced to him by Castillano.—Lagoardette was taken sick about four months 
since, and asked me to suffer him to live with me; which I did—and a strong 
intimacy was formed and continued between us, and I administered to all his 
wants. About this time Lagoardette formed an acquaintance with a young woman 
named Binney, at the house of Castillano, where she had been in the habit of 
visiting, and where she occasionally slept. On one of those nights Castillano 
attempted to go into Binney's chamber, but her screams induced him to retreat. 
Lagoardette was informed of this circumstance by the mother-in-law of 
Castillano, and from that time an enmity commenced between them, (Castillano and 
Lagoardette.)—A few days after a lad named Jesca, the brother-in-law of 
Castillano, called at my residence and informed Lagoardette, that Castillano had 
said, that if he disturbed him in his attempts upon Miss Binney, he meant to 
kill him. The lad also informed me, that Castillano's intention was to kill me 
likewise, if I took Lagoardette's part. There was present, during these 
conversations, a Spanish captain named Manuel Cortes, who commanded a schooner 
called the Theresa.— I afterwards made an effort to reconcile Lagoardette and 
Castillano, but only partially succeeded in accomplishing my object.

In the commencement of February, Lagoardette having recovered from his sickness, 
commenced walking out, and went to pay a visit to Binney, at her residence, with 
whom he was engaged to be married. Castillano had been in the habit of visiting 
Binney's residence, and that circumstance occasioned new quarrels between them—
and Binney had told Lagoardette that Castillano had said, that wherever he met 
with him, his intention was to kill him–and the lad again told the same thing. 
Some short time after Lagoardette met with Castillano in the street, and he 
asked Castillano if he had threatened to take his life? Castillano denied it, 
and said he had never thought of such a thing. Shortly after this, Lagoardette 
met in the street with Mr. A____ ____, a teacher of the French language, with 
whom he had been intimate, and informed him of the difference that had occurred 
between himself and Castillano. Mr. A. then called upon me at my residence to 
know the exact particulars of the dispute that had taken place between 
Lagoardette and Castillano: I answered, that the dispute between them related to 
a girl, &c. Two or three days after this I endeavored again to reconcile them, 
and told them that it was necessary they should leave my house or make friends 
as I did not like any quarrelling in my house. A reconciliation took place, but 
it was apparent that it was only partial.

[3] About the 18th or 20th February, while I was cooking, between the hours of 
twelve and one, two constables called and inquired if Lagoardette lived there, 
and if he had any effects in the house? I replied that he did live there, and 
that he had a trunk, which I pointed out. The constables then asked me to open 
them, but I refused, saying that I had no right to do so. The constables then 
broke open the trunk and examined its contents, but they took nothing from it. 
They then gave me a certificate that they had opened Lagoardette's trunk, and 
when it became necessary they would justify themselves for so doing–So they left 
the house. When Lagoardette returned to the house, I told him he must find other 
lodgings, for that I could no longer accommodate him–he immediately left the 
house, taking his trunk with him.

After this, Lagoardette continued to visit my house, and told me his intention 
was to go to Norfolk to sell his goods. I asked him, when he arrived in Norfolk, 
to make inquiry if I could obtain a passage on board the French corvette then 
bound to Bordeaux. He told me, that if I wished a passage I had better go with 
him to Norfolk, and make my own arrangements, and if I succeeded I could then 
return to Baltimore and get my baggage. The 1st of March Lagoardette left 
Baltimore for Norfolk, but I did not accompany him. After the departure of 
Lagoardette I told Castillano of my wish to get a passage on board the corvette, 
and of my intention to go to Norfolk. Castillano said he would be glad to go 
with me, as he wished to ascertain if any vessel was going to Havana from 
Norfolk. On the 8th or 9th of this month, as well as I recollect, Castillano and 
myself took passage on board the steam-boat, and arrived together at Norfolk on 
Friday afternoon. When we arrived here and landed, the first man I met with 
Lagoardette. He asked me where I intended to live? I answered, that my intention 
was to go and board with a mulatto woman in Little Water street. Upon which 
Lagoardette replied, he had a house; and it would be better for me to go to his 
house and lodge, and I could eat with the mulatto woman. This invitation was 
also given to my companion Castillano, and we accordingly both went to the house 
of Lagoardette. On the Monday following Lagoardette and Castillano went to 
Baltimore together; the object of Lagoardette being to marry Miss Binney. The 
Friday following they [Lagoardette and Castillano] returned together to Norfolk 
in the steam-boat.

When Lagoardette went to Baltimore, I gave him in the keys of my house in 
Baltimore, and asked him to bring me some clothes–he brought, on his return, a 
portmanteau and one or two shirts, a mattress and bed clothing. On Monday 
following, in the evening, about seven o'clock. Lagoardette called at the house, 
and left it again in half an hour—we soon followed to take supper, and returned 
soon after. Between ten and eleven at night Lagoardette came home, and laid down 
on his own bed. I was at that time on my own bed; and on the same bed also slept 
Castillano: the lights were soon afterwards extinguished. In the morning, about 
seven o'clock, I waked up and found Castillano had already risen and was sitting 
near the chimney smoking a segar; I again laid down, but did not go to sleep. 
About [4] an hour after this, I heard something strike violently, and on 
immediately taking the covering from my head, discovered that Castillano had 
given Lagoardette a blow on his head; but I could not tell at the time whether 
it was with a stick or an axe. I got up as speedily as I could, to assist 
Lagoardette; Castillano at the time having one hand grasped on Lagoardette's 
throat, and in the other he held a knife.—While attempting to take Castillano 
off from Lagoardette, Castillano turned his head and seized my thumb with us 
teeth and bit me most violently—I crying out all the time, "don't kill him, 
don't kill him." Immediately afterwards Castillano cut Lagoardette's throat with 
the knife he had in his hand from ear to ear.—I attempted to make my escape by 
running from the house, but was pursued, and before I got down stairs, was 
overtaken by Castillano, who, with a knife in his hand threatened to take my 
life if I made any noise or attempted to leave the house: I was then compelled 
to return up stairs. During the whole of this time I had no other clothes on but 
my shirt and drawers. I was then told by Castillano to dress myself, while he at 
the same time was severing the head entirely from the body, which having 
effected, he threw it into the fire. After this, finding himself so very bloody, 
he took off the clothes he had on, which consisted of a pair of gray pantaloons 
and a shirt, and put on the clothes which belonged to the deceased. I was then 
made to put a blanket up at one of the windows to prevent any person from seeing 
what was going on; at first I refused, but was made to comply with the order.

Castillano and myself left the house together about nine o'clock, and proceeded 
to the house where we boarded to get breakfast, but found it was not ready. I 
was devising some means of escape, but Castillano kept with me and would not 
leave me for a moment. I made a pretext to go and get shaved, but he followed 
and remained with me all the time. After this we proceeded to our lodging 
[boarding house] and eat our breakfasts. We then both proceeded to the house 
where Lagoardette was murdered, but before we went in, Castillano went into an 
adjoining kitchen and told the old woman who kept it, if any body called to 
inquire for us, to say we had gone to breakfast.—Castillano went to the fire 
place and turned the head over, as it had only been partially burnt. Castillano 
then commenced cutting up the deceased, and sternly asked why I did not come and 
help him? I said I could not, the deed was too horrible. After cutting up the 
deceased in the manner which had been discovered, we left the house about two 
o'clock, and went to our dinners, but neither of us eat any.

We then left the town for the woods, with a view of making our escape, but being 
ignorant of the road we had taken, as soon as night approached we went into a 
thicket, and there slept that night. The next morning we resumed our journey, 
but without knowing where to go. I was told by Castillano that I might make 
myself easy, as we had no evidence against us, and it rested solely with me. The 
following morning we were taken by the civil authority.

MANUEL PHILIP GARCIA.
Norfolk, March 28th, 1821.

______

[5] (B.)

The following letter was addressed by the Mayor of Norfolk to the Mayor of 
Baltimore.

NORFOLK, (Va.) April 2d, 1821.

John Montgomery, esq.
SIR—The following is an imperfect translation of a communication from a Spaniard 
called Joseph Garcia Castillano, lately remanded for further trial by the Court 
of this Borough on a charge of having with Manuel Philip Garcia, murdered in 
this place on the 20th ultimo, a Frenchman, named Peter Lagoardette, late of 
Baltimore. In a house occupied by them and the deceased, a trunk was found, 
containing a quantity of watches and other valuable articles, a part of which 
have been described to me in a letter from C. A. Trincavelli & Co. as having 
been stolen from them on the 10th December last. I am induced to send you the 
enclosed, from the expectation that it will enable you to discover the 
accomplices (if any) of the above mentioned persons, and with whom they have 
deposited their stolen property, and if Manuel P. Garcia participated in the 
robberies enumerated by Castillano. As their final trial takes place on the 9th 
instant, it is desirable the persons said to have been robbed in your city 
should attend our Superior Court to identify their persons, jewelry, and money 
recovered, and also to depose to the robberies committed on them.

I am, Sir, very respectfully, your most obedient servant,

JOHN E. HOLT, Mayor.

______

[TRANSLATION]

PORTSMOUTH, April 2d, 1821.
SIR—It is now a week that I have been confined in jail and no person has 
received my declaration. I have not been questioned as to my opinion of the 
murder of Lagoardette—These are my motives for writing to you, to disclose what 
I know respecting that transaction.

You must know sir, that Manuel Philip Garcia and Lagoardette lived together in 
Baltimore, and no person is acquainted with the manner by which they supported 
themselves. Lagoardette went about to dispose of the property which both had 
plundered. The articles now in the trunk belong to Trincabello, who is now 
living in Baltimore, Main street, and keeps a shop, and is intimately acquainted 
with Manuel Philip who was in the habit of going to the house of Trincabello 
every day, and he can identify the articles in the trunk if shown to him. Those 
articles were stolen by Manuel and Lagoardette from him.

[6] The Sunday previous to the murder, Manuel and Lagoardette had a great 
dispute and collared each other, and I separated them because Lagoardette bit 
Manuel's thumb. The cause of the dispute was, Manuel told Lagoardette that the 
robbery of the French woman in the boarding house, Baltimore, made the preceding 
month of seventy-six French dollars, he would not divide them equally; and also, 
it is true he received the half of another bag containing one hundred and forty 
Spanish dollars, but he did not give the half of the sixty doubloon contained in 
a white handkerchief, and he had the trouble to stay one week in the above 
boarding house for the purpose of committing the robbery.

When Lagoardette started for Baltimore, and Manuel remained behind in his house 
at Norfolk, Manuel gave him the keys of his house in Baltimore, and told him to 
bring with him on his return the plunder taken from Trincabello, and that they 
could dispose of it in Norfolk. For that purpose when Manuel came to Norfolk he 
called himself Gomez, and wrote that name on the books of the steam-boat. On 
Lagoardette's return from Baltimore, Manuel asked him where he had left the 
trunk containing their plunder, and he answered, at the French mulatto woman's 
house who washed Manuel's clothes. She sells cakes in the market and has a 
daughter named Charlotte. There is in her house another trunk of plunder. By 
sending to Trincabello he can identify many of the articles, and by going to the 
boarding house and asking whether Manuel and Lagoardette did not live there, and 
whether it was not during that very week that the robbery was committed, and for 
which robbery a Frenchman was taken up on suspicion.—Also, by going to the house 
of the above mulatto woman and taking away the trunk alluded to there will be 
found in that trunk a waistcoat with gold buttons, that Manuel wore on Sunday, 
and the waistcoat now worn by Manuel belongs to Lagoardette.

Signed, JOSE GARCIA.

[The forgoing communication of Castillano, (Jose Garcia as he there signs,) was 
not addressed to any person, but was put into the hands of an individual, who 
afterwards handed it to Mr. Holt, who had it translated.]

______

[7] (C)

The following communication was handed by Castillano to Mr. James Watson, of 
Philadelphia, who came here in pursuit of property which he had lost and which 
he supposed might be among the articles found in the house where Garcia and 
Castillano had resided. It is without date, but handed to Mr. Watson probably 
about the 13th April.

[TRANSLATION.]

SIR—You will find the truth in every thing that is in this paper because I am a 
Christian, and God permits that you should find everything that has been stolen 
from you. You must go to Baltimore and inquire for an Italian named Carseina; 
ask him if he knows a Frenchman named Legran, who is the owner of the boarding 
house where Lagoardette and this Italian lived.—This same Legran went to 
Richmond with Lagoardette, for the purpose of buying all his plunder, and paid 
his passage. He offered Lagoardette $1500 for the whole of his plunder. 
Lagoardette remained in Richmond about a month, and on his return brought with 
him a white horse, for which he said he had exchanged six silver watches. He 
sold the horse in Baltimore; and sold some plunder to me, saying, that he wanted 
money to go to Charleston to sell the remainder of his plunder.

Lagoardette accordingly went to Charleston, and when he returned brought with 
him a patent lever watch, which he said he had bartered for in Charleston by 
giving six silver watches for it: he also said that he had sold a great many 
other things to the owner of the same shop.

I bought from Legran, the owner of the boarding house where Carseina and 
Lagoardette lived, all the furniture of the house, and he in company with the 
old Italian and Lagoardette, went to Richmond again with the trunk full of 
plunder—that is what I know.

Lagoardette went to Charleston in October and returned the beginning of December 
and told me that the owner of the shop in which he exchanged the above mentioned 
watches for thc patent lever, offered him $1500 for the whole of the jewelry 
which he had remaining, but that he would not take it—nevertheless, he sold some 
of his articles in Charleston and if they go there, they may find every things 
[literal translation.] Lagoardette said he boarded in Charleston in a house near 
the market, the owner is the widow of a Frenchman named Turin. [The remainder of 
this communication is quite unimportant, relating wholly to transactions between 
Castillano and Lagoardette in the exchange of articles with one another, and $25 
which Castillano gave him for some Augusta Bank notes which he said he had taken 
in Charleston, which he could not pass.]

[8] (D.)

DECLARATION AND NARRATIVE OF

JOSE DEMAS GARCIA CASTILLANO.

DECLARATION.

[TRANSLATION.]

I owe to the community, as a christian an explanation relative to the murder of 
Lagarde* in which I have been accused as an accomplice to prove myself entirely 
innocent of the charge.

I have seen the sentence which has been pronounced against me, condemning me to 
die on the 1st day of June, and with the full conviction that at the appointed 
time I shall be executed. I declare, that I am of the apostolic and Roman 
Religion, baptized in the city of Havana, in the parish usually called or known 
by the name of Santo Christo, and that I am now about forty-nine or fifty years 
old. As I do not wish that any one should be led into error in this matter, I 
declare that I hold in regard my soul as any other christian; being fully 
convinced, that I shall soon die and enter an eternity, where I shall be judged 
with the most scrupulous exactitude, according to my good and evil actions; if I 
shall not be able to establish my innocence in regard to the murder of Largarde 
I do not wish that Manuel or any other person should suffer for me; nor do I see 
the necessity of denying it, thereby exposing my soul to an eternal 
condemnation, even for the preservation of a life, which while in a state of 
perfect health, may at any moment be cut off.

I cannot swear that I saw Manuel commit the murder, for if he effected it alone, 
or in company with any other, it was not done in my presence; and I swear on the 
holy Bible, that Manuel and Lagarde remained together in the house on Tuesday 
morning until a little after nine o'clock, that when they took us prisoners, he 
told me in the door of the Court-house, if they should ask me if Lagarde had 
come to the house Tuesday morning, I should say no. I desired to know why, he 
again requested me to say, no; I answered if they should ask me, I would say 
yes, because I had seen him in the house, having passed there, before I was told 
by Manuel, in the house where we eat, “that Lagarde had gone out, that the key 
of the house was left in the window, that when he (Lagarde) should return, he 
might know where to find it and enter.”

*Lagoardette

[9] The wise and feeling consideration of fathers of families will readily 
discover, what must be the grief which, in this miserable situation, bears with 
relentless force on my afflicted heart, with the aggravating reflection too, 
that I am to die charged with a crime of which, before the all-penetrating 
Majesty of heaven I declare myself innocent, leaving my poor family and 
unfortunate child, of the tender age of two years, the sad inheritors of my woes 
and misfortunes. Fathers of families, who may have felt anguish for your 
children, let each of you put your hand on your heart, and you will believe me 
in truth, that the tears of affliction which roll from my eyes, furnish day and 
night the only support of this tottering body. The sentence of the law is about 
to be fulfilled on me, and nothing is left me but to appeal to the tribunal of 
Divine Mercy, throwing myself in the arms of my Saviour Jesus Christ, as judge 
of truth, bearing to his most holy presence my unjust sentence, and all those 
things which have been published against my innocence, and which have charged me 
with being an accomplice in the commission of a crime where I am not criminal; 
making them responsible before that just tribunal for all my sufferings, and the 
afflictions of my family. I am a christian, fearing the Supreme God, and trust, 
that although my body may perish, my soul may live to everlasting life.

I beg the public, by all the griefs of the most blessed Virgin, and the precious 
sufferings of our Saviour Jesus Christ, that if I have in any thing offended, 
they would forgive me. As regards the murder of Lagoardette, God will give in a 
short time a sign to this people, in which they will discover the innocence of 
the Spaniard, establishing that he is clear of this crime as his Saviour Jesus 
Christ, who suffered for us, was also innocent; which prediction I pray them to 
remember, and to observe its annunciation this last day of April.

______

THE INNOCENT
JOSE DEMAS GARCIA CASTILLANO,
Judged and condemned to death.

NARRATIVE.
[TRANSLATION.]

I came from the Havanna to Amelia with my cousin, captain Don Ignacio Sales, 
commissioned as Lt. Colonel in the Royal corps of Artillery, who had there the 
command. I staid there nine months and then left there for St. Mary's, where I 
rented a house on the wharf, for five dollars a month, from a small gentleman, 
Mr. Clarke, and established in the house a grocery store. I had kept store there 
about a year, when the English came and devastated St. Mary's, then I went to 
Savannah, where I hired a house for six dollars a month, from a tall Portuguese, 
whose name is Mr. Antonio Silva. I lived [10] in this house three years, and 
during that time I carried on a segar manufactory with six men, who made segars 
of Spanish tobacco and also of American. The owner of the house, Mr. Antonio 
Silva, trusted me with an hundred dollars worth of tobacco in leaf from his 
store, and I was to repay him in segars, which he intended to sell. About this 
time I married. I went to the court house to obtain my license, for which I paid 
five dollars, and was married by a judge, whose name is Mr. Dobenes, to whom I 
also paid five. This is on record in the books of the court, at Savannah. After 
my marriage, I moved from Mr. Silva's house, and rented another from a widow 
lady, Mrs. Fraile, and established a grocery store. On the approach of summer it 
was very sickly, I was desirous of going to Baltimore; the only vessel which 
then offered, was a packet brig, called Othello, destined for New-York, in which 
vessel I sailed. I remained in New-York five days with my family, then went to 
Philadelphia in the steam-boat, thence, by the same conveyance, to Baltimore;—
arrived in Baltimore, I met with a Frenchman, Monsieur Negrin, who kept a 
silversmith's shop and boarding house; he told me, as I was a silversmith, that 
if I would buy all the goods he had in the house, he would go to Richmond. I 
bought all his stock and we both went to the owner of the house, in order to 
secure it for me—the owner inquired of him what my occupation was, who replied, 
I was by profession a silversmith, that I had purchased all his stock of 
jewelry, and desired I might be permitted to occupy the house, Mr. Negrin then 
went away. In December I offered every thing at public sale, with the view of 
going the next summer with with my family to Havana.

Manuel arrived in Baltimore; I asked him if he was from Havana, his answer, was, 
no—that he came from Philadelphia latterly, having arrived there from Porto 
Rico, to which place he had been sent from Havana to serve eight years as a 
soldier, on account of the following affair, which took place at the Havana— 
"That he had given to a married woman some poison to kill her husband, by 
concealing it in his dinner, in which event, this woman was to live with Manuel. 
The husband discovered it, and Manuel was apprehended and brought to justice, 
being ordered by the court to serve eight years as a soldier, and in fulfillment 
of the sentence, was sent to Porto Rico; that he escaped, and came to Baltimore 
with the intention of going to France.”

This is what he told me when he came to Baltimore. When he saw me, at my 
prayers, he asked me if I believed there was a God; that for himself, he did not 
believe there was a God or Hell; it was all a pack of lies, that the ministers 
who desired to make the world believe they were ministers of Jesus Christ, were 
men imposing on their credulity, and if I were to read Voltaire, he would prove 
to me that it was all false. The captain of the schooner, in which he came from 
Porto Rico to Philadelphia, was Don Pedro Faguado, who bought a schooner in 
Baltimore, which he intended for La Guira. Don Pedro Faguado was a Spaniard, 
from Cadiz; he bought a new schooner, which was built at the Point, in which 
vessel he sailed for Laguira de Caraccas. Manuel came with this man from [11] 
Porto Rico to Philadelphia the last year—now he says he came from the Havana, 
and brought with him ten boxes of sugar. Let them ask him to whom he sold, or in 
what house he stored them? and it will be seen that all he says is a falsehood, 
speaking without the fear of God.

When Manuel arrived in Baltimore from Philadelphia, he boarded about one month 
with a Frenchman, Mr. Guillemont who kept a boarding-house in the square, near 
the new bank—Don Pedro Faguado staid there also who paid Manuel's board. When 
the Spaniard bought the schooner, Manuel told me that Don Pedro Faguado was 
going— that he (Manuel) was without money, he was going to write to Havana to 
inform his friends that he had deserted his regiment at Porto Rico, had arrived 
in Baltimore, where he was staying, and desired them to send him some money to 
take him to France, that he did not wish to return to the Havana as they would 
take him up and send him to Porto Rico—he told me if I would board him, he would 
pay me, when they sent him money, that he was going to rent a small room that he 
might live alone, and would come to eat at my house, that I knew his friends at 
the Havana, who were rich and would send him money by the first vessel, to which 
I consented.

Manuel then rented a small room in the same square with the boarding house of 
Guillemont, next door to a woman whose name was Betsey, who had but one eye and 
whose child was sick with a consumption— he eat at my house— at the end of four 
months finding they had not sent him any money, and that he had nothing 
wherewith to pay me, I told him I was poor, and a man of family, that I could no 
longer board him on these terms—he then told me he had not any thing to offer me 
except his watch, which I took at $25 on account of what he owed me for board.

One evening, some time after, while I had gone to my mother-in-law's house, 
Manuel came to mine about eight o'clock at night, knowing very well that my poor 
wife was alone, he entered my bed and endeavored to force her to sleep with him; 
about this time I returned from my mother-in-law's house and met Manuel, who was 
just coming out of my door—I asked him what he wanted, he replied, I have been 
to see you and your wife, who told me you were not at home, upon this he left 
me. I went to my house, and found the candle extinguished, and my wife in tears, 
who asked me if I had seen Manuel who has just been here, and put out the candle 
and seized me by the hand, with a view of forcing me to sleep with him; upon 
which I told him I would inform you as soon as you returned. After this I went 
out again to the house of my wife's mother, taking with me a yellow pocket 
handkerchief belonging to Manuel, which I found on the floor of my room. I told 
my mother-in-law what had passed and that I knew this handkerchief to be 
Manuel's. A few days afterwards my mother-in-law went to his house to reproach 
him for his ingratitude, telling him she was astonished that men should act 
thus, that he had received many favours from me and had been preserved almost 
from death by hunger. All this is known in Baltimore.

[12] About this time Lagarde came from Richmond, and Manuel went to live with 
him. Lagarde started alone to Philadelphia and returned sick. He lived with 
Manuel then and recovered. When he was recruited, both left their lodgings and 
went to one by the market house, at which Manuel remained a week and no longer. 
Lagarde during that week slept in his boarding house, and Manuel lodged in the 
one which they conjointly rented. All this is public in Baltimore, and this is 
all I know.

______

Letter from Jose Demas Garcia Castillano, to Manuel Philip Garcia.

[TRANSLATION]

May the Lord our God have mercy on your soul, and forgive you for the evils you 
have knowingly done, in desiring to have condemned an innocent man by so many 
untruths and falsities, without considering, that although you may deny and 
endeavor to conceal the truth, it will, notwithstanding evince itself, for there 
is nothing so concealed, that it will not be brought to light.

By your impostures, you wish to impress the belief, that I am the murderer of 
Lagarde, when you very well know, that on Tuesday morning you directed me to 
have some eggs fried and some coffee made at the house where we eat, that you 
remained with Lagarde and about ten o'clock of the same day, when you came to 
the house where we eat, I asked you for Lagarde, and you told me he had gone 
out; I asked you for the key of the house, you told me you had left it in the 
window, in order that when Lagarde returned, he might know where to find it and 
enter the house; I asked you for the waistcoat with the gold buttons, you told 
me you had left it in the house because it was too dirty, and that you had put 
that on, (which was Lagarde's.) As you wished me to go to the point with you, 
that I might inquire if you could procure a passage to France in the French 
frigate, and wished me to go to Baltimore for your clothes, with a pure 
intention, ignorant of what had taken place in the house, I went. Remember you 
told me in the court house, when they carried us prisoners there, that a dog had 
bitten you, (but it was in fact Lagarde, who had done it Sunday morning.) If I 
had killed Lagarde, why did you deny it from the beginning, in the court house, 
in the street, to the persons who took us up in the market house, and finally 
why did you go with me to the point. Remember, that when we arrived at the court 
house, in the door you told me, if they should ask me if I had seen Largrde in 
the house, Tuesday morning, I should say no: I turned and asked you why I should 
say so, you replied the second time, that I should say I had not seen him in the 
house. Remember also, that the second time they took you to the court house, you 
came that night to the prison, you called to me and told me that the free masons 
had kept you all day shut up in a [13] room in the court house, and told you, 
that if you were to say I had killed Lagarde, in spite of all testimony, they 
would clear you, and you did not wish to say so because you knew very well that 
I had not killed him, and that by such a confession you would condemn yourself.

Remember that on the Sunday previous to the murder, when you were fighting with 
Lagarde, and he bit you, I heard what you were disputing about. Remember, that 
you told Lagarde, when he returned from Philadelphia, and changed the bill of 
one hundred dollars which you two had stolen from Trincavelli, that he had not 
given you fifty dollars, which was your share, but thirty-nine dollars only, to 
which Lagarde answered, as you well know, that he had spent twenty-two dollars 
on the journey, twelve dollars for his passage there and back, and ten dollars 
for all the keys of doors which he had brought from Philadelphia, for you, and 
that the half of all the keys were yours; and he told you, if you were anxious 
to be satisfied of the fact, you might go to Philadelphia and ask an old 
blacksmith, who sold keys and old iron every Saturday in the principal market, 
that he had bought all those keys and told the old man that he was going to sell 
them in Augusta, where he lived, that you might go and ask if he had not given 
ten dollars for them.

Remember also that one Sunday morning in Baltimore, very cold, and snowing, I 
went to your house to tell you that an old Frenchman, a friend to Mr. 
Guillemont, had desired me to tell yon that you should go to his house that he 
had a letter for you, and that Guillemont also requested it: that when I entered 
the house I found you and Lagarde seated in the chimney corner and you were 
relating to Lagarde, that in the Havana you had thrown from your house, in which 
you had lived alone, into the water a young man that you had cut him up in 
pieces; that you took your clothes out of your trunk and put therein the pieces 
of his body, that about 10 o'clock in the day you had it put into a cart to be 
carried to some other place until the night, that although they suspected you 
(having seen the young man every day at your house) they could not prove any 
thing, as no one saw you. I drew back in astonishment, and begged you to stop 
with such lies—you then told me, that when I went to Havana, and inquired if a 
young man had not been missing from my house, I would find what you stated to be 
true.

Well does God know that many of these things did I keep to myself, not wishing 
to present them to the judges, that on my account you should suffer punishment 
on earth, and before the tribunal of truth. Although you say there is no God, 
nor hell, I believe in them, and I do not wish that for me you should suffer 
more harm than that which your lies deserve. I only wish that God would permit 
Lagarde to rise, and I would ask you, before the judges, if you had ever seen 
that I offended him in any thing, I know what would be your answer. I cannot say 
that you killed him, because if you have done it, it was not before me.—And you 
know very well, that I was with him in Baltimore, and if I had wished to have 
injured him there, I could have done so with my pistols, or by night in the 
street, without resorting to the aid of an axe or a [14] knife, nor would I have 
waited till he came in the house—and Mr. ____ told me that your waistcoat with 
the gold buttons, and your shirt, was full of blood.

I never thought, Manuel, you had a heart so cruel as I find it now to my 
astonishment—nor that you would be capable of causing an innocent man to suffer 
for this murder, and die, leaving defenseless my poor family, and my unfortunate 
child, to struggle alone in this wicked world—before the eyes of my God do I 
weep for their sad condition! But there is a God, before whose all penetrating 
eye you cannot pass off your impositions, as you have done before the earthly 
tribunal; before his most holy throne you will not be able to screen your 
falsities, as you have done here—where will be removed the obscurity which 
surrounds justice—and where you, and the judges who condemned me, will bear 
testimony to my veracity in his, the presence of Almighty God.

I call God to witness, for he well knows my spirit is troubled.

I beg of God, that these letters may cause you to repent with a sincere 
contrition of your crimes, in which you have lived without fear or justice, that 
you may receive the pardon of your sins, and obtain his divine mercy.

Peace be to you, and to all: until we shall meet before the holy tribunal of 
truth. I make, in the mean time, this solemn protestation of my unjust 
condemnation.

May Jesus Christ have mercy on thy soul, who, better than any one else, knows 
that I suffer and die innocent.

JOSE DEMAS GARCIA CASTILLANO.
May 1, 1821.

______

[15] DECLARATION of

MANUEL PHILIP GARCIA

[The following is translated from a manuscript written in Spanish by Manuel 
Philip Garcia. In some parts of the original, from the contractions used by the 
writer, and other causes, it was found impracticable to ascertain the words, 
which had caused some unimportant breaks in the translation.]

IN the name of Almighty God, and of the ineffable mystery of the most Holy 
Trinity; in that of the incarnation of the Divine word, who became man for our 
salvation, suffered and died on the cross for us, firmly believing, as I do, in 
all the above articles and mysteries which our holy mother, the Church, teaches 
and practices, directed by the Holy Ghost, I commit the following declaration to 
paper.

Illustrious People of Norfolk—
I had determined not to take up my pen to refute the black aspersions and 
accusations which Castillano has wished to throw on my character; satisfied with 
the situation in which my case stands ___
___ , but as my silence might impress many with a belief, that those calumnies 
were true—not only that they may be convinced of the truth, but also, that the 
innocent who are in prison should not suffer, it appears to me proper to explain 
what I conceive may throw light on this affair.

To begin. When a man of worth—of good parentage—tenderly educated —well esteemed 
in his country, on account of his standing and property, finds himself 
persecuted by an adverse fortune—thrown in prison —charged with crimes the most 
atrocious—ignorant of the language of the country in which he is, without any 
relations, among the inhabitants, where he is oppressed ____
____, (which is not even denied to brutes,) as it has happened to me ____: the 
circumstance of the Court not having received the proofs to which I refer in my 
declaration—he ought to prefer death to a miserable life, which offers nothing 
but hardships and afflictions; it becomes, however, before death, a duty which 
the divinity imposes on us, to mention every thing which may throw any light on 
this subject.—Under such circumstances, desi- [16] rous that every one might be 
satisfied of the truth, relative to the murder of Peter Lagoardette; and 
moreover they should be informed truly about the imputations on my character, 
made by Demas Castillano, I declare and swear, by all that is sacred in heaven 
or on earth, that what happened, as related in the declaration I made and swore 
to before the Mayor of Norfolk—for in that murder I took no part; that I was 
witness to it without the power to prevent it, for Demas, with a poignard in his 
hand, threatened me with the same fate—twice did I exclaim, do not murder him.

Lagoardette slept in the house where the murder was perpetrated on the night of 
the 21st March. On the morning of the twenty-second, Demas seized the 
opportunity, while I was asleep, to put in execution his most detestable 
project, by striking with a most violent blow the unfortunate victim of his 
fury. When I awoke he had him on the floor and was in the act of cutting his 
throat with a knife—notwithstanding my supplications to him to desist, he 
continued, and in a moment of great rage, he ordered me to draw back, 
threatening me with his knife and other menaces. After separating his head from 
his body, he threw it in the fire, he mutilated every member of his body, which 
he did with an inexpressible hardness of heart, notwithstanding my earnest 
entreaties to the contrary—he went so far as to take up the blood, which was yet 
warm, in the palms of his hands, and throw it in the fire, as well as the linen 
shirt and drawers of the deceased, that were covered with blood, which with the 
murdering knife he had first cut up—having done these things, he wiped his hands 
and the knife on the first cloth he met with but as his pantaloons were full of 
blood, he took them off and put on a gray pair, which Lagoardette had bought in 
Norfolk, as the tailor who made and sold them, recognized.—Castillano washed 
them and hung them on the door to dry, he did the same thing with the shirt, 
putting on one of the deceased's, which having ruffles on the wrist, he tore 
them off, lest it might be produced in evidence against him. Among the shirts 
which were found, two or three were marked with these initials, J. E. D. S. G. 
A. C. O. which stood for Jose Demas Garcia Castillano, which had been put on his 
shirt when he left Savannah, for reasons which I will directly explain, but his 
true name is Demas Castillano.

I repeat it. I am not anxious to defend myself, nor does the cause require it. I 
speak with sincerity and in good faith. My shirt and waistcoat which were 
sprinkled with blood, became so from my finger, which Demas had bitten and which 
had bled abundantly, and the other pieces of clothes belonging to Lagoardette 
were also bloody, for Demas had wiped his hands on them, as I said before,—but 
it is false that I put on the waistcoat of the deceased, mine being striped, 
Demas in the court said it was white, and Lagoardette never wore any other than 
a black silk one. Demas having concluded all these dreadful operations, he told 
me I ought to dress my finger, and he tied himself a piece of linen around it; 
we then went to the cook, but he would not leave my side; when he arrived there 
it was about ten or eleven o'clock, and as he spoke English, he directed her to 
[17] have some eggs fried, such was the statement of the cook and her elder son, 
before Mr. ____, in the court.

I wished to leave Demas to search for a Spanish interpreter, to whom I might 
communicate what had happened, and for this purpose told him I was going to be 
shaved: suspicious of my intentions he followed me, and staid all the time at 
the barber's door, who being a negro, I could not make any communications to 
him. He then went to the house of the cook, where Demas eat his breakfast, as if 
nothing had happened. The pain which my finger gave me, with the feelings of 
disgust which the murder produced, and fears for my safety in the presence of 
Demas, permitted me only to take a little coffee. Monday, Sunday, and the day 
previous, the cook and her three or four sons observed that my finger was 
uninjured, but on Tuesday they discovered it was wounded and bloody. It is false 
then, as stated by Demas, that my finger was bitten by Lagoardette, as I had no 
quarrel with him on Sunday or any other day; for Lagoardette, although hasty, 
had a good disposition, and was always ready to serve his friends.

We then left the cook-shop, and returned to the house where the deceased was: 
Dennis blew the fire, stirring it also with his feet, that the head might the 
sooner burn.—I could not bear such a sight, and begged him to go away—to which 
he agreed. He took from under the bed a white handled and sharp pointed knife, 
and went into the street— and, having shut the door, he took the key. He made me 
go into a negro woman's house, to whom he gave some tobacco, and told her, if 
any one should call, to say that we had gone to dinner. He then took me through 
streets in which I had never before been; and although I excused myself, by 
telling him here was no necessity for me to fly, he insisted I should. We 
arrived at a hill, where, under the canopy of heaven, we passed the night; he 
next morning, Wednesday, he desired a white man to carry him across a river in 
his canoe, which he did. Castillano then led me, after a long walk, to a 
plantation, the houses of which were unoccupied.— As it was then raining very 
hard, we remained under shelter there until night, when we took a boat, which 
was close by, and into which he forced me to get; Castillano rowed it over, a we 
proceeded on to the place where we were apprehended.

When Castillano saw a man on horse back coming, he said to me, "there is a 
constable,” and he ran up the side of the hill, and threw away, secretly, the 
knife; which caused me to think, that he had not taken it with him to defend 
himself against those who should offer to apprehend him, but to use it against 
me, in case I should offer to quit him, as he feared I might disclose the 
matter.

I have above stated the manner in which Demas executed the murder of Lagoardette
—and now it is proper I should relate the circumstances which led to it, and the 
reasons why he has charged me with it and many other crimes. Peter Lagoardette, 
while in Baltimore, courted a young girl whose name is Binney, to whom he was 
engaged to be married as soon as he recovered—during his sickness, in order to 
be near him, she frequently came [18] to the house of Castillano; one night she 
slept there, his mother-in-law was there the same night—he seized this 
opportunity while she was asleep, to approach her bed; she awoke, and, by her 
cries, soon roused the family, and Demas fled precipitately—and missing his own 
bed in his alarm, threw himself on a trunk, this was about midnight, and the 
girl was anxious to leave the house; but had to content herself to stay, having 
a light furnished during the remainder of the night.

On the following day Binney, with the mother-in-law and brother-in-law of Demas, 
in my presence, and in the presence of Don Manuel Cortes, captain of the 
schooner Theresa, told Lagoardette all that had happened, who with great 
propriety resented it, and spoke harshly of Demas—who being informed by his 
mother-in-law, that Lagoardette had said that he, Demas, had better, act 
properly, instead of going with the public women, and deceiving honest and 
virtuous girls, and those which were kind in his family—they became declared 
enemies.

From that time Demas Castillano bore me a grudge, and alleged that his wife had 
a secret intrigue with me. It is also proper to state, that he told me he was 
not married to her, that he neither fed nor clothed her—that he had, publicly, 
two or three illegitimate children, to whom he gave all he had to spare.—That, 
his wife spoke to me in a friendly manner, was to be expected, not only because 
we had always been on good terms, but also, as she observed, all the family 
lived at my expense. Castillano well knows this, for he often came personally in 
the morning, to receive from my hands a dollar and a half, and on some days two 
dollars, if this be not called consenting, (an acknowledgment of marriage,) it 
looks very much like it; and consequently it is evident he considered himself 
the protector of her honor, without bearing part in the family expenses.

It is certain then, that Demas first threatened Lagoardette, and then me. His 
mother-in-law would no longer eat anything which came from his hands—he 
suspected I had told her about some opium which he had intended to conceal in 
some fruit to give her. The fact is, she was informed of it by Lagoardette on 
his return front seeing Binney; and it was observed that the poor mother-in-law 
was always in a state of stupor: it was, however, all made up, and Castillano 
came to my house as usual.

Lagoardette, on the restoration of his health, continued his visits to Binney, 
where he was told to be on his guard, as Demas intended to, assassinate him. 
Lagoardette being very angry, went into the street to find him, and on meeting 
him, told him, “you are an insignificant tattler, and, if you are really a man, 
give me a pistol and come and fight me. Castillano refused, not having the 
courage to encounter him.—The fact is, it made considerable noise, and many 
persons, among whom were Mr. A____ , Don Juan Cortes and myself, effected a 
reconciliation, but Demas retained his intention of revenging himself, as the 
late event has proved. I had never before known Lagoardette, until I met him at 
the house of Demas, in Baltimore, where, for about seven or eight months, I 
frequently [19] met him; and declare in truth, that I never observed any thing 
in his conduct improper—and Demas now makes these charges against his character, 
because he is dead, and cannot defend himself—and wished to make us believe, 
that he had done these things before I became acquainted with him.

I have never been in any city north of Baltimore, except Philadelphia, where I 
arrived on the 17th or 18th of April, 1820, and staid in the boarding-house of 
Lappillet. I left there for Baltimore; and, on the 21st of the same month, went 
to board at Mr. Guillemont's, where I remained about three months. Castillano 
persuaded me to come to his house, as my expenses would be much less, and I 
would have better accom-modations.—At Guillemont's I paid 30 dollars a month, 
and at Castillano's, in less than two months, I had expended more than one 
hundred dollars. I laid out two ounces of gold for the purchase of some 
furniture from a Mr. Negrin, as Castillano had not even a table in his house—the 
only piece of furniture was a small stool for his wife, who was almost destitute 
of clothes, as well as the rest of the family.—I gave him shirts, cravats, and 
many other articles of dress. He scarcely ever conversed with his wife, and I 
have been left with her many a night, while he went to sleep elsewhere. I regret 
to have to state these things, not on his, but on his wife's account.

Lagoardette was not in Baltimore at that time, and during his absence, I was 
surprised to find, one morning, that Demas had become so rich, since the night 
before, as to be able to purchase shirts by the dozen; linen and cloth 
pantaloons; coats which cost thirty dollars—every thing necessary for furnishing 
a house; watches, and many other fine articles, all which could not have been 
purchased for less than 2000 dollars.____
____ from that period he became very serious—I asked him repeatedly if he had 
received an inheritance, ____
____ he replied, that he had drawn a prize in a lottery. A little after that 
time Lagoardette arrived, and was much surprised when he went in Demas' house. 
Lagoardette, shortly after his arrival, told me the mother-in-law of Castillano 
had said, that he had more than 5 or 6000 dollars in notes and in gold—that he 
was changing his notes. He gave me, for some ounces of gold, notes of the bank 
of Augusta, which he took to Norfolk, to the amount of more than 300 dollars—he 
bought, at different stores, two gold watches for 130 dollars; a chain for 40 
dollars; some spoons which cost, I think, about 30; a watch seal for 17, and 
other jewelry, which amounted to about 55 dollars. I saw a letter written by 
Demas to a certain Mendassa, at Charleston, enclosing a hundred dollar bill of 
the Augusta bank, and I saw many others in the pocket-book which I had never 
seen him have before.

He (Lagoardette,) told me, that Demas had not only robbed an Exchange Office in 
Market street, in Baltimore, but he had committed many other robberies in 
Savannah—that when it was advertised in the papers, he (Demas) gave the money to 
his mother-in-law for [20] safe keeping—that the mother-in-law of Castillano 
told him, (Lagoardette,) that she really believed the money which Castillano 
had, and from which he had changed my gold, was the money advertised. Castillano 
was well convinced, that I knew of the robbery—on which account he was very 
retired, and he knew very well that Lagoardette and myself had accused him of 
obtaining this money in an improper manner. ____
____ I did not see him rob the lottery office, for he did not sleep in the 
house; and before and since, his wife has told me he did not work, and they 
could not tell where he got money to spend. Before Demas committed this robbery 
in the exchange office, he derived the money, which he spent improperly, from 
selling watches, small looking-glasses, silver coffee spoons, and a great many 
other trinkets, which he offered to Trincavelli, who sometimes bought some of 
his goods.

I bought of him six small spoons, a hair watch chain for four dollars, a gold 
one, with topaz seals, for fifteen dollars, and he gave me a breast-pin, set 
with stones, which he said were diamonds; but after the robbery he did not sell 
any thing—on the contrary, was employed in buying furniture for his house, and 
changing bank notes for gold. Trincavelli noticed this, and asked whence Demas 
drew his money. I replied he had told me he had drawn a prize in the lottery.—
Trincavelli said it was not so, or it would have been published.

Lagoardette sold sausages in Savannah, as he told me and Demas. About the time 
of those two quarrels, Lagoardette told me, that Castillano, while there, had 
always a parcel of Spanish deserters from Florida, who frequently got drunk—they 
also played cards. He permitted the free negroes as well as slaves to come 
there; and, on account of their scandalous conduct, and some robberies in which 
he had been engaged he was pursued by the constables on two occasions. In 
Savannah he robbed a silversmith's shop with false keys, belonging to an 
American, named Nicholas, whose trinkets, (jewels) were identified; though he 
denied it, there was satisfactory proof that he had committed the robbery, the 
things being found in a room in his house; he was sent to prison for three 
months. After this, upon the proofs which the above mentioned Nicholas gave, he 
was sent back to prison for a month, and was liberated at the end of that time, 
on condition of leaving Savannah.

Lagoardette says, Demas left Savannah and went to New-York, and when he went 
there, he took with him a gig and two horses, that Nicholas told him publicly he 
was a robber—that at New-York he robbed also an English merchant of two thousand 
dollars by unlocking, with false keys, a tin box which contained the money. The 
reason he went to New-York was because Nicholas was always following him—
Nicholas heard of his intention, and wrote to the officers; so that, when 
Castillano arrived and had put his goods in a house, which he had rented before, 
when he was there, it was filled with constables searching his trunks, which 
caused him to go to Philadelphia, where he stole from a jeweler's store a 
quantity of [21] valuable jewelry and pearls; as also rings, breast-pins, small 
looking glasses, silver spoons, watches, chains, topaz seals, pencil cases, 
thimbles and a great many other articles of value; many persons in Baltimore 
have seen those things—to whom Demas had shewn them with the view of making them 
believe he was rich. Among the persons to whom he shewed these things, were the 
family of Binney, Dr. Antonio Curvo, an Italian, and others, to whom he gave 
some of those rings.

Demas pledged to Dn. Ramon Larronde four watches, two ivory handled dirks with 
gilt scabbards, rings, and diamond breast-pins, and other articles, for four 
ounces of gold; which was before he robbed the exchange office; and, when 
Larronde was about going away, Castillano begged me to receive them on the same 
terms, to which I agreed: when he returned the four ounces, I gave him back the 
things, and he made me a present of a silver watch, which marked the days of the 
month. Castillano has, even at this day, many of those goods which he had 
stolen, and, perhaps, some bank notes—they may not be in his trunk, but are, 
probably, secreted in some of the houses which he rented; for he had three, for 
which he paid rent, one for his wife, and two were unoccupied. When I moved into 
the one in Baltimore, which Demas had occupied before me, I found under the 
staircase five or six padlocks without keys, a broken file and some saws which I 
threw in the street—he had many false keys. When I lived with him in Baltimore, 
I heard him frequently filing, and he was not a silversmith.—I took him by 
surprise one day while he was filing a key, when he lived in the house which 
Negrin had left. I asked him for what purpose he intended it, he answered it was 
for the street door, as he had lost the key which belonged to it. As I was going 
out I observed the key was in the door; his wife afterwards told me he was 
always filing keys—a few days after this, the robbery of the exchange and 
lottery office took place.

During my youth, Castillano's father lived in a house at Havana which belonged 
to mine; after he had occupied the house some months, I went to collect the 
rent, and then I knew him, for the first time, by sight—he was then about twenty 
years old, or upwards. His father found in his possession many keys, for which 
he intended to correct him; Demas opposed him, threatening him with his sword. 
His father then determined to confine him in a dungeon, in order to make him a 
soldier. Two months after, at midnight, he set fire to the dungeon, and a 
council of war was called to try his case; and had it not been for the mediation 
of his father, he would have been sentenced to death. Being set at liberty, he 
established in the environs of the town a blacksmith shop, and after night, with 
false keys, he went round the town stealing—having a mule, he generally carried 
the stolen goods and money to his house in the suburbs, where he concealed them—
he was denounced and taken unexpectedly at night.—Michael Cosanos, who 
apprehended him, was murdered a few days afterwards by Castillano's companions; 
and, in a search which the magistrate made in his house, the body was found, 
concealed in a trunk, which gave rise to some suspicions in the mind of the 
magistrate, that cause him to leave the house, fearful for his own safety—[22] 
in going out he discovered a corpse, which, from the short hair, was supposed to 
be some priest—in fact, father Manuel de Cobus, a monk of the convent St. 
Francisco, had been missed for some days. Castillano declared the house was in 
that condition when he found it; but it was well known, that Demas had had a 
dispute with an ecclesiastic; the result of this was, that he was sent for six 
years to St. Augustine, in Florida, in fetters, and his uniform was taken from 
him on account of the infamy of his conduct. After remaining there for more than 
ten years, he escaped and returned to the Havana, where he was taken up, while 
quarrelling with some one, and remanded to St. Augustine, which place he again 
left, and went to the north, where he lived for more than ten years, as he 
confesses. When he came from Savannah, he assumed the name of Jose Demas Garcia, 
because the robbery which he committed there, in the store of Nicholas, made him 
well known as Demas Castillano.

It happened, that when Demas went from Norfolk to Baltimore, he took the keys of 
my house and trunk to bring me some clothes; after Castillano's conduct with 
Lagoardette was known in Baltimore, and it being suspected I was dead, as it was 
published in the newspapers, some persons came to my house to take an inventory 
of my goods—my papers, which were also there, established my profession, and 
proved that my object was to go to France. In order to procure a passage in the 
French corvette, I came to Norfolk; Trincavelli, who was with those gentlemen, 
told me no money was found in my trunk, when it is a fact I left sixty-two 
ounces of gold, the balance of three hundred, which I brought with me from my 
country, and which I left for some time in the possession of Guillemont, with 
whom I boarded. The disappearance of these sixty-two ounces, proves how honest 
must have been the intentions of Demas towards me.

I cannot swear that Demas robbed Trincavelli, but my suspicions that it was he, 
and not Lagoardette, are founded on the following reasons:—

1st.—Castillano was very frequently in the house of Trincavelli, and knew his 
hours for retiring.

2nd.—Because at that time, Lagoardette was confined to his bed, and so sick he 
could not sit up.

3rd.—Demas was very expert in making keys, and no doubt made a key for 
Trincavelli's lock, as he had done for the exchange office.

Demas gave the goods to Lagoardette to put in his trunk, or to sell them for 
him, as he had done with those he (Demas) had stolen in Philadelphia. I will not 
stop to detail the names of the accomplices of Demas, which Lagoardette told me 
he had in different parts of the north; for besides not knowing them, I do not 
think any one will be prejudiced, since their conduct has no relation to the 
murder of Peter Lagoardette; nor his (Demas's) robberies and other depredations; 
and my conscience does not charge me with having had any thing to do with them, 
nor will my reputation suffer.

I detest hypocrisy; and the manner which Demas has adopted to excite the 
sympathy of the people, by recommending himself as a [23] member of the 
Catholic, Apostolic, and Roman religion, (if it were so) is detestable; but this 
religion does not allow that a man, * * * * * that he should neglect having his 
child baptised, which is eighteen months old, and was on the point of death—that 
he should give opium to his mother-in-law because she scolded him for his 
scandalous conduct—that he should raise his sword against his father—that he 
should have killed in Havana an ecclesiastic—that he should have set fire to the 
dungeon of his prison—that he should have opened doors by the means of false 
keys to steal, as he did in Havana—that his companions should have killed 
Michael Cosano. The Catholic religion, or any other sect, does not allow such 
things; and the following (his acts) are equally forbidden:—In Savannah, he 
robbed Nicholas; in New-York, the English merchant of two thousand dollars; in 
Philadelphia, he stole many goods; in Baltimore, he robbed the lottery office. * 
* * * *

[Some circumstances here related by Manuel are considered improper for 
publication.]

In fine, to murder Lagoardette—dismembering his limbs, and throw his head in the 
fire, are not actions which the Catholic religion permits. If Demas approves of 
all these things as a Catholic, and also thinks it conformable to its unity, to 
send out men in different parts of the union to rob, burn, and commit other 
depredations on the community, I think he knows very little about religion;—but 
it would be in accordance with its spirit, to reflect seriously on the death of 
Lagoardette—to restore to liberty a poor man who has been charged with robbing 
the lottery office in Baltimore—to restore to their owners the notes and other 
goods, which he has stolen, as well as the silver watch with a gold chain and 
topaz seal, which belongs to Trincavelli, and which he wanted to sell to Manuel 
Cortes for thirty-three dollars, and he will have less to account for. As to 
myself, my faults are of another character. ____
____ If he does not do this, he will injure the innocent, and the owners of the 
stolen goods, who stand in need of them; for his family will not be benefited by 
the possession of such ill-gotten goods.

I will conclude by stating, that when I and Castillano were prisoners, he 
desired me to say nothing of what had happened. In prison we were opposite to 
each other—Demas observed in Norfolk, on four occasions, when they took me to 
the court-house, that they had taken off my chains, had given me a good bed, and 
all other accommodations, which I stood in need of—they had brought a chair, 
table, and every other necessary for writing; the door being open, which gave 
him reason to suspect I had declared the fact ____
____ for they had too the indiscretion to publish my declaration, all which 
induced him to calumniate me when he was examined.

I beg you, gentlemen, to spare me the necessity of saying any thing further, not 
wishing to be troubled any more. I omit many [24] other circumstances, which 
would have better explained the irregular conduct of Demas.

BEN MANUEL PHILIP GARCIA.

Portsmouth, 10th May, 1821.

N.B.—I declare also, and swear, that this is the only document which I have 
given, except the one which was produced before the court; any other declaration 
is spurious, and this I have given to Mr. James Henry, for the public.

BEN GARCIA.

[The above declaration of Garcia was replied to by Castillano, in a letter dated 
the 14th May, in which he denies the truth of the statement made by Garcia, 
reiterates the charges contained in his narrative, and concludes with the 
following appeal:

"I hope to God, that the afflictions which oppress me, and your knowledge of my 
innocence, may cause you to declare the truth, which will save me from an unjust 
execution."

About the 23d of May, another letter, without date, was written by Castillano, 
in which he denies, as before, the murder, and also the robberies, giving a long 
list of debts, which he says he owes; and urging, that a man so poor as to be so 
much in debt, could not have been guilty of the extensive robberies with which 
he is charged.—This letter was shown to Garcia, to whom it was addressed, but 
was not answered or noticed by him. Garcia, however, wrote another Declaration, 
dated May 30th, which is a brief recapitulation of the principal facts stated in 
his former one of the 10th May. In their several manuscripts, each persists in 
declaring himself innocent of the murder of Lagoardette.]

____

[TRANSLATION.]

Declaration (exclamacion) made at the foot of the Gallows.

My God: thou well knowest that I am a christian: that I fear thy justice, and 
that I am going to lose my life for having said the truth; for I am well assured 
that, had I availed myself of falsehoods, it would not have been taken from me.

Behold the place of execution, where I am to die for a murder of which I am 
innocent (as thou art my witness) I only implore thee, O Lord! in this last 
hour, when I raise my voice to thee, to assist me with thy justice in defense of 
my truth; for as on earth they have darkened it, so in thy divine tribunal may 
it shine!—to which may be called every one of those who condemned me as a 
criminal, not only of the murder but of the robberies, of which I have no 
knowledge. O my Jesus! hear a dying christian for the sake of thy blood; they 
take away his life in public: innocent, and sacrificed on a gallows! Behold in 
thy hands he leaves his cause that thou mayest defend it and bring truth to 
light; as a just judge and support of the afflicted.

Jose Dimas Garcia Castellano.

THE END.
 

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