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THE SANCHEZ FILE, Chapter Ten

The Hearing

August 17, 1854

At a hearing in Stockton Judge Creaner read his order to Roach that he must turn over the $73,446.46 belonging to the estate. Roach again refused on the advice of attorney Ord. He said that he was appointed guardian by order of the Monterey County probate court and that San Joaquin County did not have jurisdiction in the case.

Judge Creaner told Roach a district court had the power to overturn any decision of a lower probate court. He read his decision:

It now appears that Roach has committed contempt and is judged guilty of misconduct against the rights of the complainants. Roach is committed to common jail in San Joaquin County, there to remain charged with contempt until he pays over to the receiver $73,446 or until the court sees fit to discharge him.

Roach was handed over to jailer Franklin Foote, a 29 year old former teamster. Foote was destined to be more than keeper.

While Roach sat in his jail cell, Ord appealed Creaner's ruling to the California Supreme Court. The highest court in the state affirmed the decision of Judge Creaner that Roach must turn over the money. Even then Roach refused to comply and he remained in jail.

In December of 1854 another suit against Roach was filed in Monterey County before district judge William Rumsey, who had no link to the Roach establishment. The court was told that as Roach was in jail in Stockton he could no longer act as guardian.

The charges against Roach were breach of trust, fraud, neglect of duty and unfitfulness for office. The sheriff of San Joaquin County received a copy of the suit and served it on Roach in his jail cell.

Imprisonment had not dulled Roach's clever ways; he told Ord he wanted a jury trial. He knew no Monterey jury would convict him, not when it was stacked with his friends. While Judge Rumsey may not have known about the jury tampering charges made against Roach a few years earlier, he certainly knew it would have been impossible to find twelve men in Monterey who were not cronies of Roach.  Rumsey denied the jury trial.

Attorneys for the estate gave Rumsey the San Joaquin County court decision that Roach had refused to turn over the money belonging to the Sanchez estate and was in jail on contempt of court. The attorneys told Rumsey they wanted depositions from two principals who had been silent so far.

Judge Rumsey issued subpoenas to Roach's wife, Margaret and Thomas Munk, Roach's confidential clerk. He had once been his under-sheriff, but when Roach became guardian, Munk went to work for him.
Roach's attorney told the judge that Munk was missing and could not be found. He said Munk was the only person who could refute the charges against Roach and asked for a postponement of the hearing. The same delaying tactics Roach had used for years was still being employed.

A search began for Munk and it was learned that Munk had left Monterey hurriedly and was on a stage for Stockton to visit his old boss in jail.
Munk returned a few days later and was put on the stand and questioned by an attorney for the estate.

Munk’s Testimony

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