Table of Contents
THE SANCHEZ FILE, Chapter Eight
Roach Makes His Move
August 8, 1853
The only property of the estate that had been sold
so far by administrator Head was an auction of cattle, hogs, wool, and cheese for $39 thousand.
Guardian Roach had more ambitious plans. Through his
attorney, Pacificus Ord, he asked Judge Merritt for the partition and sale
of the entire Sanchez estate. Ord's petition said the heirs were all of
an age and urgently required maintenance, schooling, care and attention
and that Roach asked for the sale of cattle under his control and other
personal property.
But more significantly, Roach said all 46,000 acres of
land belonging to the estate should be partitioned and the children's half
sold. He added that if the land could not be partitioned then all of it
should be sold and one half of the money paid to him as guardian of the
children for their use and benefit. The other half would go to the widow.
Merritt approved Roach's petition for the sale of livestock
and personal property in the guardian's possession but denied the sale
of the real estate. On September 14th he ordered Head to turn over to Roach,
one half of all the personal property of the estate.
The other half would go to the Sanfords, who were required
to post a bond of $20 thousand to secure payment of remaining debts. Livestock
and other personal property valued at $100 thousand were delivered to Roach.
On October 2, 1853 Roach sold 1,107 head of cattle at
$20.50 each for $22,693.50 and three mules for $346.00.
On October 28, he held a one day auction of the remaining
items including more cattle, work oxen, beans, wagons, carpeting, and tobacco.
Clark's blacksmith tools were sold for $170 and the last of the ill fated
Pajaro ferry launches for $200. (See Appendix B for a complete list of
items sold.)
The two sales realized over $65 thousand and the entire
amount was turned over to Roach on the judge's orders.
Land Commission Hearings
September 24, 1853
The U.S. Land Commission in San Francisco had ordered
Head to appear before them to plead the validity of the Sanchez land grants.
The year Sanchez died he had begun the process by filing claims for Rancho
Llano del Tequisquite on March 30, 1852 and for Rancho Las Animas on April
5, 1852.
Many of the Mexican land grants were of dubious
title and practically all had vague boundaries. On one of the Sanchez ranches
the map showed a mark from "a willow tree four inches in diameter thence
on a line meandering up the San Benito River."
Claimants were expected to bring witnesses who could swear
that an applicant had lived and worked on the land since receiving it from
the Spanish or Mexican government. Head asked Quentin Ortega, Encarnacion's
father, and Thomas Doak to go with him. Doak was a long time resident of
San Juan, and known as the man who painted the altar at the mission, still
admired today by visitors.
Ortega and Doak had known Sanchez a long time and could
testify that he had lived on the ranchos, constructed houses and other
buildings, and employed men to tend his cattle. Translations of Spanish
documents relating to the grants were obtained from the archives in Monterey
and given to the commission.
Head had somewhat of a problem, however. San Francisco
was the center of California culture. Looking at the men's homespun clothing
Head knew they were not suitable for an appearance before the distinguished
commission. So he bought each of them new suits charging the estate. The
three men stayed at the Brannan House in San Francisco for four nights
at a cost of $18 and ran up a bill for meals and drinks totaling $17.
They had arrived in the city on a steamboat from Alviso.
The round trip fares amounting to $18 plus three stage coach fares from
San Juan to Alviso that cost $24.
The trip took nine or ten days and $374 was charged to
the estate.
Head's attorney, Henry Thornton, received $1000 for legal
services, and an additional $100 for having Spanish documents translated.
At the hearing a favorable impression was made on the
Land Commission by Head and the two men and it appeared likely a ruling
would be made confirming the land grants to the Sanchez family.
Although this was good news, the expenses of getting this
confirmation were depleting the cash reserves of the estate. The family
had no way of raising cash; the personal property had already been sold
by Head and Roach and the court would not let them sell any land.
Of greater concern was that the two men still held over
$73 thousand in cash belonging to the family. What were the men doing with
all that money? They had never accounted for it, and Judge Merritt didn't
seem disposed to ask them about it. By the end of 1853, Sanchez had been
dead one year and the estate had still not been settled.
A New Year, 1854
The year began with the hopes of Encarnacion Sanford that
she and her children might finally enjoy a quiet life with husband Henry
on her rancho, free of law suits and lawyers; judges and guardians and
administrators. She had been led to believe that once California had become
a state, American law would protect women and children, instead she felt
she was a victim.
There was one happy interlude for Encarnacion. On March
25 her eldest daughter Vicenta married farmer Daniel Willson at the Mission.
Vicenta was fourteen years old.
Vicenta Sanchez and Dan Willson
In the latter part of 1852 a young man by the name of
Daniel Willson had been camping for the evening on the lands of Jose Maria
Sanchez near his adobe home. Sanchez came out of the house and informed
the stranger that no one stopped on his ranch but guests and then proceeded
to invite Willson to be his guest.
In the house Sanchez introduced Willson to his wife and
children. The 25 year old Willson said hello to the children beginning
with the eldest, daughter Vicenta, who was 12. In two years time she would
be his wife. Willson remained on the rancho and went to work for Sanchez.
Daniel Willson was born June 22, 1827 in Swanzey, New
Hampshire, a mason by trade. With his brother Dorsen and seventy others
a partnership was formed to finance a trip to California; each man contributing
$300.
They bought the 215 ton bark Isadora, loaded her with
cargo and left Boston on March 31, 1849, sailing via Cape Horn, reaching
San Francisco on September 12, 1849 after a voyage of 164 days.
The vessel was sailed up the San Joaquin river to Stockton
where the vessel and cargo was sold and the huge profit distributed to
the partnership. The canny and enterprising New Englanders knew the miners
would pay high prices for the necessities so lacking in the gold camps.
After a stint of inconsequential gold mining themselves,
the brothers came to Gilroy, attracted by the presence of flocks of wild
geese which they were fond of hunting. In 1850 there were few Americans
in the area, the majority of the population being Spanish and Indians.
The only occupation was stock raising and trading.
After Sanchez died Willson continued to work on the rancho
and slowly a romance developed with the budding Vicenta that culminated
with their marriage in 1854.
Willson in long conversations with Henry Sanford learned
the difficulties the family was having getting anywhere with the Monterey
probate court. Willson learned about Judge Merritt, Administrator Head,
and the children's guardian, ex-sheriff William Roach. His marriage
to Vicenta presented a new legal strategy.
Twelve days after his marriage, Willson's attorney, D.
W. Perley, of the firm Perley and Yates, filed a petition in the probate
court requesting that Roach give Vicenta Sanchez her share of the inheritance.
Now that she was married she no longer needed a guardian and Daniel Willson
as her husband was entitled by law to the management of her property. Judge
Merritt had no choice but to grant a hearing.
Willson's strategy set up an alarm among the conspirators.
Roach had no desire to lose even one of the children under his control;
if one left the others might follow and his guardianship would end sooner
than he expected. Using legal strategies he knew would be approved by Judge
Merritt, the guardian's attorney began a series of stalling tactics, available
only to lawyers. Pettifoggery; quibbling over insignificant details.
The delays are reflected in a diary that Daniel Willson
kept of his trips to Monterey to attend the hearings on his petition.
Sunday, April 23, 1854. Went to Monterey to attend
the case about William Roach in regard to guardianship of Vicenta Sanchez.
Monday, April 24, 1854. Stayed in Monterey, trial put
off until next day.
Tuesday, April 25. Trial postponed until Monday the 8th
of May. Came home.
First Roach's attorney, Pacificus Ord, said Willson's
petition should not be granted because he wanted to see proof that Willson
and Vicenta were legally married. This tactic bought Roach more time because
Willson had to prove his marriage in court. This meant going back to San
Juan and finding a witness, having his statement signed by a notary and
then bringing the statement back to Monterey.
Willson filed an affidavit from Edward F. Gregg that stated
the Willsons were married on or about 25th of March, 1854, by Padre Anzar
from the mission at the Sanchez rancho.
Willson continues his diary.
Sunday, May 7th. Went to Monterey with my wife
and Mr. Yates.
Monday, May 8th. Stayed in Monterey, court put off business
until next day.
Tuesday, May 9th. Court set at eight o'clock in the morning
and decreed that the question should be put off until the first day of
the next term.
When court opened that morning Judge Merritt made his ruling
on Willson's petition to get his wife's property from Roach. In spite of
the evidence of their marriage the judge ruled against Willson and ordered
him to pay Roach his court costs. This action reaffirmed the belief by
the family that justice in Monterey County was nonexistent.
Monday, May 22nd. Court set in the morning took up the
case of mine and
directed against.
Saturday, May 27th. Went to Monterey to carry papers
for an appeal.
No matter what the family did they could not get a favorable
decision from the Probate Court. Their fight looked hopeless.
Chapter Nine