Sir,

I received your official letter dated the 31 ultimo together with the charges against William Fitz Gibbons, Peter Whitiker and William Whitiker for stealing, and enclosing a transcript of the proceedings and verdict of the jury at the tryal of Peter Whitiker, the other two having escaped, and also the defence of the said Peter Whitiker

The verdict of the Jury in this case finds the prisoner Peter Whitiker guilty of stealing four hogs worth ten Dollars each and assess a fine against him of one hundred and twenty Dollars and costs of Suit—

The 15th article of the Ordinance for the punishment of crimes within this Colony declares that "any person who shall be convicted of stealing any Money horse or other property shall pay trebel the amount of the property stolen and be condemned to hard labor on public works untill the Superior Government decides on the case" After attentively examing the transcript of the evidence and proceedings in this case and the verdict of the jury and also the defence of the prisoner Peter Whitiker, I have thought proper to approve and do hereby approve the said verdict and order that it be immediately executed with the following modifications

An execution shall immediately issue from the office of the Alcalde of the District of the Brazos against the property of Peter Whitiker and his accomplices William Fitz Gibbons and William Whitiker for the sum of forty Dollars or the value thereof in property of the kind stolen or any other property if none of that kind can be found, being the value of the hogs stolen which when collected shall be delivered to the Alcalde of said district to be paid over when properly demanded to the rightfull owners of said stolen hogs also said Execution shall issue for the whole amount of the costs of suit and expence of the guard and any other legal charges to be collected from the property of either or all of said parties concerned in said theft—Also the Alcalde of sd District will cause a written notice to be served by the constable on said Peter Whitiker William Fitz Gibbons and William Whitiker that unless they remove and depart with their families and effects from off the waters of the Brazos or Colorado Rivers within three months from the date of said notice the full penalty of the 15 section of the ordinance before recited will be enforced against them, that is that trebel the amount of the property stolen will be collected from the property of the said Peter Whitiker and his accomplices William Fitz Gibbons and William Whitiker and that they will also be condemned to hard labor on public works as said section provides—The cost of serving which notice shall also be paid by said prisoner and his said accomplices

The Alcalde of the said district of the Brazos is particularly charged with the full execution of this order in all its parts and will render an account to me when it is finally executed—

Given under my hand at the town of St Felipe de Austin this 2d day of February 1824—4th 3d

Stephen F. Austin

Judge

To the Alcalde of the District of the Brazos [John P Coles]