Table of
Contents
THE SANCHEZ FILE, Chapter Nine
The Case Against Head and Roach
Not having any luck getting rid of Roach, the estate went
after administrator Head. Using this approach a petition was filed by Henry
Sanford stating that one year had elapsed since Head had been appointed
administrator and that a final accounting should have been submitted.
Head replied that he had not finished his presentation
before the US Land Commission in San Francisco and needed more money for
the final hearing.
Head was successful and the commission issued patents
to the three Sanchez ranchos to the heirs in 1854. The Sanchez land grants
were one of the few the government did not appeal to the U.S. Supreme Court.
Although gambler Head had won a victory for the family
it was also in his own interests. If he had lost before the commission
the Sanchez lands would no longer be under his control and would have been
thrown open to the squatters, waiting in the wings. Head would even claim
that he had an interest in Rancho Las Animas.
After returning from San Francisco Head told Judge Merritt
he needed even more money to pay taxes and administrative expenses. He
wanted to sell more of the estate's assets. Not much was left. All the
cattle and personal property had been sold.
Head said he would have to sell three pieces of real estate
owned by the estate: Sanchez's old adobe house in Monterey he had bought
in 1843; a frame dwelling and an adobe house on the Plaza in San Juan next
to the Breen House.
This strategy by Head for the sale of three small pieces
of real estate was looked upon by the Sanfords as the initial opening for
the dismemberment of the estate. If he received permission to sell the
three parcels, the 44,000 acres itself was in danger.
On July 24, 1854 estate attorneys Yates and Perley filed
their objections to the sale of the real estate, repeating the charges
of fraud against Head on the false claim of blacksmith Clark. They also
pointed out that Head had not accounted for $8,200 left over from the sale
of property, or the property he had given Roach.
Finally, they said that Head had more than enough money
to pay the debts of the estate and was seeking to get all the money of
the estate for his personal benefit.
The family's worst fears were realized a few weeks later
when the judge gave Head permission to sell the three parcels of real estate.
John Breen, one of the sons of pioneer Patrick Breen
wrote in his diary the results of the sale in San Juan.
There was two houses sold today in the Mission
belonging to the estate of Jose Maria Sanchez. Castro bought one, the frame
situated a little south of the Mission and sold for $300. Father
bought the other, an adobe situated in the mission on the Plaza for $295.
The adobe later became part of the ground floor of the Plaza
Hotel.
Finally, Sanchez's old house in Monterey was sold to
none other than the children's guardian, William Roach for seven hundred
dollars. Judge Merritt approved the sale.
Roach had always known the ropes when it came to real
estate. As sheriff he once held public auctions for the sale of two pieces
of foreclosed property. The high bidder at the first was his wife who bought
a lot in Monterey for $19 and at the second his brother-in-law who bought
a ranch for $100. Very few people would bid against the sheriff's
family.
Even though Daniel Willson and his wife, Vicenta had lost
their suit against Roach, they filed an application to suspend administrator
Head. They charged that Head had received $30 thousand dollars from the
sale of the estate's property, when the lawful debts of the estate did
not exceed the sum of five thousand dollars. Even with having more than
enough funds for settlement, he was also applying to Merritt to sell part
of the real estate as well.
Charges were also made that Head was buying legitimate
claims from creditors at a discount, then charging the estate the full
amount, and with submitting fraudulent claims. The Willsons asked that
Encarnacion Sanford, and her husband Henry L. Sanford be named administrators.
The evidence was overwhelming and Judge Merritt had no
choice but to suspend Head until the charges against him could be investigated.
Months would drag by before the charges would be heard.
In July 1854 the family finally gave up any hope of getting
justice in the Monterey County probate court, which they were convinced
was corrupt.
Enter David S. Terry
A young attorney from San Joaquin County came to the family
with an idea. He was David S. Terry of Stockton. Terry was beginning a
distinguished career, but one that would also be dogged by disaster.
Terry had a legal strategy. He told Willson and Vicenta
they should move to San Joaquin county and establish residence there. Then
a new suit could be filed in a district court far removed from the corruption
of Monterey County and in a court that would have jurisdiction over the
lower probate court.
To the Monterey conspirators this could be the fatal blow
to their fraud, but there was little that Judge Merritt could do under
the law. If the Willson's moved to Stockton they were entitled to be heard
there.
But In order to file his motion for a change of venue
to Stockton, Terry had to stand in open court in Monterey in full view
of Roach and Head and their gun toting cronies.
When his case was called Terry stood in a corner of the
court room so that no one could shoot him in the back.
A New City, a New Court
The move was made to Stockton and Terry filed suit against
Roach, Head and Merritt before district court judge Charles Creaner.
In a lengthy statement to Creaner, Terry stated his case.
Here are excerpts:
Jose Maria Sanchez had died on Christmas Eve, 1852, leaving
an estate valued at about $300 thousand. On March 23, 1853 Samuel Head
was appointed administrator of the estate and on July 18 William Roach
was named guardian of the Sanchez children.
Three weeks later Roach told the probate court it would
be to the interests of the heirs if the estate could be divided and sold.
One half would go to the widow and the other half to him as guardian of
the children. He said he would invest the funds in some productive stock.
Judge Merritt ordered Head to turn over to Roach one half
of all the personal property and money of the estate and to give one half
to the widow.
On September 30, 1853 Roach was given permission to sell
the personal property and to keep the money subject to the further order
of the court. That property was sold for $65,605.92. In addition Roach
received $7,840 from Head for a total amount of $73,446.67.
Roach was a stranger to the Sanchez family and his appointment
was unsolicited and in direct opposition to the widow's wishes and that
of her family and friends.
The appointment of Roach originated in a corrupt and fraudulent
scheme contrived between the guardian and Judge Merritt to embezzle the
real and personal property of the estate and to convert it to their own
use and benefit. Roach had concealed over $73 thousand belonging to the
estate for nine months.
As guardian it was Roach's duty under the law to take
care of the needs of the Sanchez children, but he had never done so. Roach
did not invest their money in a safe and productive stock, as he said he
would. Instead he had loaned the money out at high rates of interest for
his benefit and that of the probate judge, as if the money belonged to
him.
Roach sold the estate's property illegally under an order
fraudulently granted by Judge Merritt. The intention was to place the whole
proceeds in the hands of Roach for his benefit and the judge. Roach and
Merritt had divided the profits of his fraudulent dealings and Merritt
refused to order Roach to pay the heirs money due them.
Member of the Sanchez family had been wearied out by months
of tedious and expensive litigation against Roach. They had exhausted their
resources in the vain attempt to get justice in Monterey and had filed
this suit in San Joaquin County.
Furthermore, Roach had told the family he could keep the
money as long as he pleased and defied them to get it from him for the
next five years to come. Terry charged that Roach had hidden the money
and purchased real estate with funds belonging to the children, a direct
reference to the Monterey adobe house owned by the estate that Roach was
allowed to buy.
Roach, said Terry, could still further defraud the estate
and the family believed all of their money was in great danger of being
utterly lost through the doings of Roach and Merritt.
Terry asked Judge Creaner to cite Roach and Merritt and
to issue an injunction stopping Roach from any further action as guardian
and forbidding him to lend out the estate's money. He requested that "that
some decent and proper person be appointed receiver to demand from Roach
the $73 thousand and also all lands and personal property belonging to
the estate."
Terry concluded by saying that if Roach neglected or refused
to comply with the order of the court appointing a receiver, that he should
be arrested for embezzlement of the estate's money and property. Terry
said the family was asking for $73 thousand plus interest at the rate of
two percent a month from October 12, 1853 to the date of the San Joaquin
county hearing July 27, 1854.
After hearing Terry's argument, Judge Creaner ruled the
case was a proper one for the appointment of a receiver to take charge
of the estate and named Lewis Belcher, requiring him to post a bond of
$100 thousand.
Lewis Belcher
Described by Bancroft as an eccentric character, Belcher,
a native of New York, arrived in Monterey in 1847. After a stint in the
gold fields in Tuolumne County he returned to Monterey in 1850, became
a large dealer in cattle and acquired a large amount of property.
Judge Creaner told Belcher to go to Roach and demand the
$73 thousand and all personal property he had taken from the estate, and
the interest or profit received from the money he was holding. Belcher
left for Monterey immediately.
He met with Roach and gave him a copy of Judge Creaner's
order. Roach told Belcher that he was acting under orders of the Monterey
County probate court and Creaner had no jurisdiction over that court. Roach's
attorney, Pacificus Ord, had conceived this defense and Roach was acting
on this advice. Roach came to regret it.
A few days later Belcher was back in Judge Creaner's court
in Stockton with
Roach's defiant answer. Creaner then appointed an elizor,
in legal terminology of the 1850's a special officer of the court. The
elizor, Samuel Brooks, was told by Creaner to go to Monterey and arrest
Roach for contempt of court. He was to be brought to Stockton and held
him in custody without bail. The elizor arrested Roach without incident
on August 12 in Monterey and took him to Stockton where he was jailed.
Chapter Ten