Table of Contents
THE SANCHEZ FILE, Chapter Thirteen
Charges against Head
With their success in getting Roach removed as guardian,
the estate's attorneys went after administrator, Samuel Head, charging
him with embezzling thirty thousand dollars from the sales of the estate's
property.
Head appeared in court with an unusual defense. He said
the estate had no legal capacity to sue him, but if it did he was denying
all charges against him. He said he had never received $30 thousand from
the sale of property or paid fraudulent claims, and denied he was a gambler.
He claimed any money he was keeping was due him as administrator. He added
that he had performed services for the estate above that required by law,
and was entitled to additional compensation.
He said he had obtained confirmation of the estate's land
titles before the U.S. Land Commission, (which was true) and that the property
had increased in value at least by $100 thousand. Head said at 4% he was
entitled to an additional $5000. He asked for a total commission of $16,344.
Early in 1854, Judge Merritt had appointed Jacob P. Leese,
43, a merchant from Ohio and William S. Johnson as auditors of the estate.
Johnson was also clerk of the probate court. On September 27, 1854 they
submitted their report and said it had been a very difficult task because
of the scanty records kept by the administrator. Their most serious complaint
against Head was that titles, deeds to properties, mortgages, and receipts
had not been produced or accounted for.
The auditors did not express an opinion on Head's claim
for an extra $5000 in compensation deciding this was a matter for the probate
judge to decide. They did reject Head's expenses of $500 before the U.S.
Land Commission as no vouchers for the trip to San Francisco had been submitted.
They apologized for the delay in submitting their report, but attributed
it to the confused state of things and the magnitude of the estate.
An audit of Head's books found:
1. Head had asked for a commission on blacksmith
William Clark's false claim of $3,300.
2. Head owed the estate $16,261.
3. Head's bondsmen had stated they were worth thousands
of dollars. They were actually flat broke gamblers.
On April 4, 1855, Head asked Judge Rumsey for permission
to resign as
administrator and turn over all of the estate's
property in his possession.
This was granted and Head was given ten day to comply.
All charges against Head were dismissed, and he vanishes from our story.
The attorney's for the estate decided it was time to present
their evidence against Judge Merritt. Charges were presented to Rumsey
claiming that Merritt, Roach and Head had conspired to defraud the estate.
The main evidence against Merritt concerned his alleged
role in getting Clark to submit the false claim for $3300. The witness
was John Tuttle who was questioned by Judge Rumsey:
Did you or not hear William Clark tell Judge Merritt that
the Sanchez Estate owed him nothing?
I heard a conversation between Clark and Judge
Merritt sometime between April last year (1853) in Judge Merritt's house.
Judge Merritt asked Clark how it was that Sanchez owed him nothing, he
having worked so long with him. Clark answered that he had lived with Sanchez
a good many years and considered himself one of his family. Sanchez treated
him more like a father than otherwise and that he was a kind, good man
to him. He did not know whether he could collect anything as he was in
debt to the Estate. Judge Merritt told Clark he would try to see what he
could do for him.
Based on this testimony, Judge Rumsey found Merritt guilty
of inducing Clark to file the false claim for $3300. He issued an injunction
forbidding Merritt from taking any further action in the Sanchez probate
and ordered him to pay $770 in court costs. Merritt told Rumsey he didn't
have the money, but would pay what he could from time to time.
The estate had filed suit against Merritt alleging that
he had aided Roach in the conspiracy by cheating and defrauding the heirs
and sharing the money embezzled by Roach and Head. This charge was never
proven.
Belcher, the children's new guardian, sued the men who
had posted $75 thousand in bonds for Roach. He had better luck than the
estate had with Head's bondsmen and recovered some of the money.
The Placer Times
San Francisco,
October 9, 1855
We learn from the Monterey Sentinel that Lewis
Belcher has been allowed to make a compromise with three of the bondsmen
of William Roach. David Jacks is to transfer his farm in Carmel Valley.
Simpson Connover is to pay $2000 and Charles Wolters is to pay $7000. The
Sentinel says these compromises are connected with the acts of William
Roach, who is reported lately escaped from the Stockton jail, where he
was imprisoned for not accounting for the property of his wards, the Sanchez
children. The children have a judgment against him for about $80,000, but
it is of course worthless. The compromises with the sureties will be saved,
but the children will lose by Roach at least $50,000.
Losing his Carmel Valley property would be the first and
last time that David Jacks would ever lose anything as he was destined
to become Monterey County's wealthiest landowner. Jacks, 29, was a native
of Scotland.
On April 4, 1855, Sheriff Aaron Lyons, who had been appointed
to the post with Roach's aid, now was put in the unusual position of selling
his old friend's property. Lyon was acting under court orders from Judge
Rumsey.
The wily Roach had placed his Carmel Valley Ranch in his
wife's name and it was immune to seizure. The only property sold at that
sale was a lot in Monterey which brought in $820 for the heirs.
On November 3, 1855 there was an additional court ordered
sale made by a new sheriff, Keating. In the suit of Willson versus Roach,
40 head of cattle, two yoke of American oxen, six horses and mares, three
colts, and one iron safe were sold. The sale took place at Roach's ranch
in Carmel Valley. Presumably the safe had been opened and found not to
contain the missing gold.
In all, Lewis Belcher collected $13,500 from the bondsmen,
the real estate sale, and a few thousand turned over by Head.
The following is a more detailed account of sales by Belcher.
Oct. 6, 1856, Delivered to George W. Crane, guardian of
heirs of Sanchez: 200 cows, 91 calves, 17 mares, and 12 colts. Fifteen
mules being the property of Gregorio Sanchez.
Oct. 6, 1856, Sold at private sale 1 stallion, 3 American
mares, 3 colts, received payment by note. George W. Crane, purchaser $915.00.
Dec. 4, 1854, Held at private sale 180 mares and colts
at $10.50. George W. Crane, Guardian/Purchaser $1,890.00, received $1,890.00
in stock.
Belcher's success would lead to tragedy.
Chapter Fourteen