Page:History of California, Volume 3 (Bancroft).djvu/161

Rh bondsman for the culprit's presentment in due time; and on December 8th Fitch arrived at San Gabriel, and was made a prisoner in one of the mission rooms.

Meanwhile Mrs Fitch petitioned Echeandía at the end of October for release, and permission to go south by sea. The governor consented, and Doña Josefa sailed on the Ayacucho for Santa Bárbara, whence she proceeded on the Pocahontas to San Pedro, arriving at San Gabriel on November 24th, where she was committed to the care of Eulalia Perez of later centenarian fame. When her husband came, the house of Doña Eulalia was deemed too near his prison, and Josefa was transferred to the care of Mrs William A. Richardson. The fiscal pronounced Echeandía's act a gross infringement on ecclesiastical authority, declared him a culprit before God's tribunal, and urged that he be arrested and brought to trial. But Vicar Sanchez, though taking a similar view of Echeandia's conduct, thought it best, in view of the critical condition of affairs and the nearness of the time when Victoria was to take command, not to attempt the governor's arrest.

In December, Fitch and his wife were repeatedly interrogated before the ecclesiastical court, and Fiscal Palomares for a third time ventilated his legal learning. He now admitted his belief that the motives of the accused had been honest and pure, also that the affair might be settled without referring it to the bishop, but still maintaining the nullity of the marriage. Fitch presented in his own behalf an elaborate argument against the views of the fiscal, complaining of his business losses, and of the threatened illegitimacy of his son, but for which he would be glad to have the marriage declared null and to marry over again.