Mr. Munk, in what way are you employed by Mr.
Roach?
I have been his clerk and bookkeeper for the past year.
Do you manage his financial affairs?
No.
At the time of Mr. Roach's arrest did you know what money,
notes or property belonging to the heirs of Jose Maria Sanchez were in
Mr. Roach's hands?
There were some notes in his hands at that time. There
were mortgages and leases. One to Gonzales for $1500, one to Captain Wolters
for $1000, note of Belcher's for $150 and a note of Head's for $6000.
The notes were in my possession for safe keeping.
Where are the notes now?
I do not know.
How did they leave your possession?
I turned them over to Mr. Roach about two months after
his arrest.
Where was he when you turned them over to him?
In Stockton.
A prisoner?
Yes.
Didn't you know at the time you turned over the notes
to Roach that he had been ordered by the district judge in San Joaquin
County to hand over that property to a receiver?
No, I did not.
Do you know that Mr. Belcher had been appointed receiver
in that case?
I had heard so about town here.
Why did you take those notes up to Mr. Roach in Stockton
and deliver them to him?
Because I gave up everything in my hands to Mr. Roach,
he having no further need for my services.
Did you do so on your own motion pursuant to his orders?
I did so voluntarily.
Since then have you not been yet aiding and assisting
him in his business settling up accounts.
No, sir.
Since Mr. Roach has been in jail in Stockton have you
not collected money orders for him?
Not to my recollection.
If anybody paid money on his account you would recollect
it would you not?
It is possible that I would.
How much money has Mr. Roach received into his hands within
your knowledge as guardian of the heirs of Jose Maria Sanchez?
About 72 or 73 thousand dollars. What has become of
all that money I do not know.
Do you know where any of it is at this time?
I do not know where a cent of the money is, part of
it is in the notes.
Do you know where the iron safe is that Mr. Roach had?
I never saw it in my life.
When you were acting as his clerk and bookkeeper where
was he in the habit of keeping his money?
I do not know.
Have you ever aided or assisted Mr. Roach directly or
indirectly in
secreting, concealing, smuggling, or disposing in any
way, of any of the money or property of these heirs.
No.
How much money have you ever received out of the money
Roach had as guardian of the children?
I have received $200 a month salary as clerk, but do
not know where the money came from.
Did Mr. Roach keep a clerk on $2OO per month salary before
he
became guardian?
Not that I know of.
What were your duties as clerk?
I did writing and so forth, I was 12 months in his
employment. I did a good deal of labor. I went to Sanford's rancho three
or four times and further I can't tell particularly what I did. I also
sold all the cattle for three days.
Did you do anything to the value of $200 per month during
that time?
I did. I am speaking of my general services as clerk
for Mr. Roach, not of services in this particular matter.
Please specify what your daily labor was? Did you have
any regular business to perform?
I had no stated hours because I was always ready to
attend to business.
When you handed these notes to Mr. Roach did you also
hand the mortgages which were security for these debts?
I handed all the papers I had for Mr. Roach with the
exception of one which was the mortgage on a lease.
Were any of these notes made to Mr. Roach as guardian
of the heirs of Jose Maria Sanchez when he loaned money?
There were some of them.
Did you know that the money loaned was money belonging
to the heirs of Jose Maria Sanchez?
No, I did not.
Before Roach was guardian of heirs of Jose Maria Sanchez
did you ever know him to make loans of 15 or 20 thousand dollars?
No.
Were not all the loans for which these notes were given
made by Mr. Roach after be became guardian?
I believe they were.
It is strange that Munk could say he never knew Roach
to make loans before he became guardian, and then claim he didn't know
the money came from the heirs.
Munk's testimony was the first from a Roach confidant
that the guardian had $72 or $73 thousand belonging to the estate. It was
also confirmed that Roach had used some of the money to make loans to his
friends.
Munk's salary of $200 a month from Roach was a princely
sum in 1853 and the attorney was seeking to prove that Munk received that
amount, not for his value as an employee, but as a bribe to keep him quiet.
It is surprising that Munk was not charged with contempt
of court for taking the notes to Roach in jail. And also surprising that
he was allowed to bring anything to a prisoner. But as the jailer was Franklin
Foote, who was becoming friendly with Roach that wasn't a problem.
On December 3, 1854 Dan Wills made an entry in his diary:
Went to Monterey to make an affidavit stating
that Roach's wife knew where the money was.
Mrs. Roach would be next to testify.
Chapter Eleven