Bataller was commissioned to draw up indictments. The first process despatched to Spain, being hastily prepared, was not couched in legal terms, [1] and the proceedings instituted were delayed until an instrument in proper form, supported by the necessary documents, was obtained from New Spain, and it was not until August 1809 that the trial proceeded. [2] The accusations were then divided into two classes, forming two distinct suits, the prosecution for treason and the residencia of the accused. On the 9th of November following, Iturrigaray submitted his defence to the council of the Indies, in which he claimed acquittal of the charge of treason, on the ground that he had cleared himself of the accusations before the Spanish junta central. With regard to his residencia, he maintained that it ought not to be taken while he was in captivity, with his salary suspended, his property sequestered, and his honor aspersed. He then petitioned that he might be permitted to reside in the neighborhood of Cádiz, that the arrears of his salary should be paid, or the income of his sequestrated capital be allowed him, and that the documents necessary for the proof of his innocence be obtained.
Before any decision was arrived at, Iturrigaray addressed a similar petition to the regency created by the córtes January 29, 1810, and installed on the island of Leon, requesting, moreover, permission to reside with his family in Habana. This met with a more speedy result, and his trial for treason was suspended and leave was granted him to reside in any province of Spain which he might select, or in the
